as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to traffic regulations; recodifying and 1.3 creating a vehicle code; modifying penalties for 1.4 offense relating to vehicles; amending Minnesota 1.5 Statutes 1996, sections 3C.10, subdivision 1; 168.013, 1.6 subdivisions 1e and 3; 168.056; 168.101, subdivisions 1.7 2 and 4; 168.27, subdivisions 12, 16, 19, and 23; 1.8 168.271; 168.275; 168.75; 168.837; 168.846; and 1.9 168A.30; proposing coding for new law in Minnesota 1.10 Statutes, chapters 168; 168A; and 626; proposing 1.11 coding for new law as Minnesota Statutes, chapters 1.12 169D; 169E; 169F; 169G; 169H; 169I; 169J; 169K; 169L; 1.13 169M; and 169N; repealing Minnesota Statutes 1996, 1.14 sections 168.021, subdivisions 1a and 3; 168.041; 1.15 168.042; 168.055; 168.09; 168.10, subdivisions 1e, 1f, 1.16 3, and 4; 168.35; 168.36; 168.81; 168.834; 168.835; 1.17 169.02, subdivision 2; 169.041; 169.042; 169.045; 1.18 169.06; 169.07; 169.072; 169.073; 169.08; 169.1216; 1.19 169.1217; 169.14; 169.145; 169.15; 169.16; 169.17; 1.20 169.18; 169.19; 169.20; 169.201; 169.202; 169.21; 1.21 169.215; 169.219; 169.22; 169.222; 169.223; 169.25; 1.22 169.26; 169.28; 169.29; 169.30; 169.305; 169.31; 1.23 169.315; 169.32; 169.33; 169.34; 169.342; 169.345; 1.24 169.346; 169.35; 169.36; 169.37; 169.38; 169.39; 1.25 169.40; 169.41; 169.42; 169.421; 169.43; 169.435; 1.26 169.441; 169.442; 169.443; 169.444; 169.445; 169.446; 1.27 169.447; 169.448; 169.449; 169.4501; 169.4502; 1.28 169.4503; 169.4504; 169.451; 169.4511; 169.452; 1.29 169.454; 169.4581; 169.4582; 169.46; 169.467; 169.468; 1.30 169.469; 169.47; 169.471; 169.48; 169.49; 169.50; 1.31 169.51; 169.52; 169.522; 169.53; 169.541; 169.55; 1.32 169.56; 169.57; 169.58; 169.59; 169.60; 169.61; 1.33 169.62; 169.63; 169.64; 169.65; 169.66; 169.67; 1.34 169.68; 169.684; 169.685; 169.686; 169.69; 169.693; 1.35 169.70; 169.71; 169.72; 169.721; 169.722; 169.723; 1.36 169.724; 169.725; 169.726; 169.727; 169.73; 169.733; 1.37 169.734; 169.74; 169.743; 169.75; 169.751; 169.752; 1.38 169.753; 169.754; 169.762; 169.771; 169.78; 169.781; 1.39 169.782; 169.783; 169.79; 169.791; 169.792; 169.793; 1.40 169.794; 169.795; 169.796; 169.797; 169.798; 169.799; 1.41 169.7995; 169.80; 169.801; 169.81; 169.82; 169.825; 1.42 169.832; 169.835; 169.84; 169.85; 169.851; 169.86; 1.43 169.862; 169.863; 169.87; 169.871; 169.872; 169.88; 1.44 169.971; 169.972; 169.973; and 169.974. 1.45 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.1 ARTICLE 1 2.2 OTHER MOVING VIOLATIONS 2.3 PEACE OFFICER DIRECTION 2.4 Section 1. [169D.05] [FAILING TO COMPLY WITH PEACE 2.5 OFFICER.] 2.6 It is unlawful for any person to willfully fail or refuse 2.7 to comply with any lawful order or direction of any peace 2.8 officer invested by law with authority to direct, control, or 2.9 regulate traffic. 2.10 Sec. 2. [169D.055] [SECOND DEGREE MISDEMEANOR FAILING TO 2.11 COMPLY WITH PEACE OFFICER.] 2.12 Whoever violates section 169D.05 is guilty of a second 2.13 degree misdemeanor. 2.14 SIGNS AND SIGNALS 2.15 Sec. 3. [169D.07] [SIGNS, SIGNALS, MARKINGS.] 2.16 Subdivision 1. [UNIFORM SYSTEM.] The commissioner shall 2.17 adopt a manual and specifications for a uniform system of 2.18 traffic-control devices consistent with the provisions of the 2.19 vehicle code for use upon highways within this state. This 2.20 uniform system shall correlate with and so far as possible 2.21 conform to the system then current as approved by the American 2.22 Association of State Highway Officials. The manual and 2.23 specifications must include the design and wording of 2.24 minimum-maintenance road signs. The commissioner's adoption of 2.25 the manual and specifications as herein provided is specifically 2.26 exempted from the provisions and requirements of sections 14.02, 2.27 14.04 to 14.28, 14.38, 14.44 to 14.45, and 14.57 to 14.62. 2.28 Subd. 2. [PLACEMENT AND MAINTENANCE ON TRUNK HIGHWAYS.] (a) 2.29 The commissioner shall place and maintain traffic-control 2.30 devices, conforming to the manual and specifications, upon all 2.31 state trunk highways as the commissioner deems necessary to 2.32 indicate and carry out the provisions of the vehicle code or to 2.33 regulate, warn, or guide traffic. The commissioner may 2.34 construct and maintain signs at the entrance of each city, which 2.35 sign shall have placed thereon the city's name and population. 2.36 The commissioner may construct and maintain other directional 3.1 signs upon the trunk highways, which signs shall be uniform. 3.2 The commissioner may authorize variations from the manual and 3.3 specifications for the purpose of investigation and research 3.4 into the use and development of traffic control devices. When 3.5 the authorized variation pertains to the regulation of traffic, 3.6 notice of the intended regulatory purpose shall be published in 3.7 a qualified newspaper of general circulation in the area where 3.8 the research is being conducted. 3.9 (b) No other authority shall place or maintain any traffic 3.10 control device upon any highway under the commissioner's 3.11 jurisdiction except with the commissioner's permission. 3.12 Subd. 3. [PLACEMENT AND MAINTENANCE BY LOCAL AUTHORITIES.] 3.13 A local authority shall place and maintain such traffic-control 3.14 devices upon highways under its jurisdiction as it deems 3.15 necessary to indicate and to carry out the provisions of the 3.16 vehicle code or local traffic ordinances, or to regulate, warn, 3.17 or guide traffic. All such traffic-control devices shall 3.18 conform to the state manual and specifications. 3.19 Subd. 4. [OBEDIENCE TO AND REQUIRED TRAFFIC-CONTROL 3.20 DEVICES.] (a) The driver of any vehicle shall obey the 3.21 instructions of any official traffic-control device applicable 3.22 thereto placed in accordance with the provisions of this 3.23 chapter, unless otherwise directed by a traffic or peace 3.24 officer, subject to the exceptions granted the driver of an 3.25 authorized emergency vehicle in the vehicle code. 3.26 (b) No provision of the vehicle code for which official 3.27 traffic-control devices are required shall be enforced against 3.28 an alleged violator if at the time and place of the alleged 3.29 violation an official device is not in proper position and 3.30 sufficiently legible to be seen by an ordinarily observant 3.31 person. Whenever a particular section does not state that 3.32 official traffic-control devices are required, the section is 3.33 effective even though no devices are erected or in place. 3.34 (c) Whenever official traffic-control devices are placed in 3.35 position approximately conforming to the requirements of this 3.36 chapter, the devices are presumed to have been so placed by the 4.1 official act or direction of lawful authority, unless the 4.2 contrary is established by competent evidence. 4.3 (d) Any official traffic-control device placed pursuant to 4.4 the provisions of this chapter and purporting to conform to the 4.5 lawful requirements pertaining to such devices is presumed to 4.6 comply with the requirements of this chapter, unless the 4.7 contrary is established by competent evidence. 4.8 Subd. 5. [TRAFFIC-CONTROL SIGNALS.] Whenever traffic is 4.9 controlled by traffic-control signals exhibiting different 4.10 colored lights, or colored lighted arrows, successively one at a 4.11 time or in combination, only the colors green, red, and yellow 4.12 shall be used, except for special pedestrian signals carrying a 4.13 word legend. The lights shall indicate and apply to drivers of 4.14 vehicles and pedestrians as follows: 4.15 (a) Green indication: 4.16 (1) Vehicular traffic facing a circular green signal may 4.17 proceed straight through or turn right or left unless a sign at 4.18 that place prohibits either such turn. However, vehicular 4.19 traffic, including vehicles turning right or left, shall yield 4.20 the right-of-way to other vehicles and to pedestrians lawfully 4.21 within the intersection or adjacent crosswalk at the time the 4.22 signal is exhibited. 4.23 (2) Vehicular traffic facing a green arrow signal, shown 4.24 alone or in combination with another indication, may cautiously 4.25 enter the intersection only to make the movement indicated by 4.26 the arrow, or such other movement as is permitted by other 4.27 indications shown at the same time. The vehicular traffic shall 4.28 yield the right-of-way to pedestrians lawfully within an 4.29 adjacent crosswalk and to other traffic lawfully using the 4.30 intersection. 4.31 (3) Unless otherwise directed by a pedestrian-control 4.32 signal as provided in subdivision 7, pedestrians facing any 4.33 green signal, except when the sole green signal is a turn arrow, 4.34 may proceed across the roadway within any marked or unmarked 4.35 crosswalk. 4.36 (b) Steady yellow indication: 5.1 (1) Vehicular traffic facing a circular yellow signal is 5.2 thereby warned that the related green movement is being 5.3 terminated or that a red indication will be exhibited 5.4 immediately thereafter when vehicular traffic shall not enter 5.5 the intersection, except for the continued movement allowed by 5.6 any green arrow indication simultaneously exhibited. 5.7 (2) Pedestrians facing a circular yellow signal, unless 5.8 otherwise directed by a pedestrian control signal as provided in 5.9 subdivision 7, are thereby advised that there is insufficient 5.10 time to cross the roadway before a red indication is shown and 5.11 no pedestrian shall then start to cross the roadway. 5.12 (3) Vehicular traffic facing a steady yellow arrow signal 5.13 is thereby warned that the protected vehicular movement 5.14 permitted by the corresponding prior green arrow indication is 5.15 being terminated. 5.16 (c) Steady red indication: 5.17 (1) Vehicular traffic facing a circular red signal alone 5.18 shall stop at a clearly marked stop line, but if none, before 5.19 entering the crosswalk on the near side of the intersection, or 5.20 if none, then before entering the intersection. The vehicular 5.21 traffic shall remain standing until a green indication is shown, 5.22 except as follows: 5.23 (i) The driver of a vehicle that is stopped as close as 5.24 practicable at the entrance to the crosswalk on the near side of 5.25 the intersection or, if none, then at the entrance to the 5.26 intersection in obedience to a red or stop signal, and with the 5.27 intention of making a right turn may make the right turn, after 5.28 stopping, unless an official sign has been erected prohibiting 5.29 that movement. The driver shall yield the right-of-way to 5.30 pedestrians and other traffic lawfully proceeding as directed by 5.31 the signal at the intersection. 5.32 (ii) The driver of a vehicle on a one-way street that 5.33 intersects another one-way street on which traffic moves to the 5.34 left shall stop in obedience to a red or stop signal and may 5.35 then make a left turn into the one-way street, unless an 5.36 official sign has been erected prohibiting that movement. The 6.1 driver shall yield the right-of-way to pedestrians and other 6.2 traffic proceeding as directed by the signal at the intersection. 6.3 (2) Unless otherwise directed by a pedestrian-control 6.4 signal as provided in subdivision 7, pedestrians facing a steady 6.5 red signal alone shall not enter the roadway. 6.6 (3) Vehicular traffic facing a steady red arrow signal, 6.7 with the intention of making a movement indicated by the arrow, 6.8 shall: 6.9 (i) stop at a clearly marked stop line, but if none, before 6.10 entering the crosswalk on the near side of the intersection, or 6.11 if none, then before entering the intersection; and 6.12 (ii) remain standing until a permissive signal indication 6.13 is displayed. 6.14 (d) If an official traffic-control signal is erected and 6.15 maintained at a place other than an intersection, the provisions 6.16 of this section apply except those that can have no application. 6.17 Any stop required shall be made at a sign or marking on the 6.18 pavement indicating where the stop shall be made, but absent any 6.19 such sign or marking the stop shall be made at the signal. 6.20 (e) When a traffic-control signal indication placed to 6.21 control a certain movement or lane is so identified by placing a 6.22 sign near the indication or indications, no other 6.23 traffic-control signal indication or indications within the 6.24 intersection shall control vehicular traffic for the movement or 6.25 lane. 6.26 Subd. 6. [TRAFFIC CONTROL SIGNALS; OVERRIDE SYSTEM.] All 6.27 electronic traffic control signals installed by a road authority 6.28 on and after January 1, 1995, must be prewired to facilitate a 6.29 later addition of a system that allows the operator of an 6.30 authorized emergency vehicle to activate a green traffic signal 6.31 for the vehicle. 6.32 Subd. 7. [PEDESTRIAN CONTROL SIGNALS.] Whenever special 6.33 pedestrian-control signals exhibiting the words "Walk" or "Don't 6.34 Walk" are in place, the signals shall indicate as follows: 6.35 (a) "Walk", flashing or steady. Pedestrians facing the 6.36 signals may proceed across the roadway in the direction of the 7.1 signal. 7.2 (b) "Don't Walk", flashing or steady. No pedestrian shall 7.3 start to cross the roadway in the direction of the signals, but 7.4 any pedestrian who has partially crossed on the "Walk" signal 7.5 shall proceed to a sidewalk or safety island while the "Don't 7.6 Walk" signal is showing. 7.7 (c) A pedestrian crossing a roadway in conformity with this 7.8 section is lawfully within the intersection and, when in a 7.9 crosswalk, is lawfully within the crosswalk. 7.10 Subd. 8. [FLASHING SIGNALS.] When flashing red or yellow 7.11 signals are used, they shall require obedience by vehicular 7.12 traffic as follows: 7.13 (a) When a circular red lens is illuminated with rapid 7.14 intermittent flashes, drivers of vehicles shall stop at a 7.15 clearly marked stop line, but if none, before entering the 7.16 crosswalk on the near side of the intersection, or if none, then 7.17 at the point nearest the intersecting roadway where the driver 7.18 has a view of approaching traffic on the intersecting roadway 7.19 before entering the intersection. The right to proceed is 7.20 subject to the rules applicable after making a stop at a stop 7.21 sign. 7.22 (b) When a red arrow lens is illuminated with rapid 7.23 intermittent flashes, drivers of vehicles with the intention of 7.24 making a movement indicated by the arrow shall stop at a clearly 7.25 marked stop line, but if none, before entering the crosswalk on 7.26 the near side of the intersection, or if none, then at the point 7.27 nearest the intersecting roadway where the driver has a view of 7.28 approaching traffic on the intersecting roadway before entering 7.29 the intersection. The right to proceed is subject to the rules 7.30 applicable after making a stop at a stop sign. 7.31 (c) When a circular yellow lens is illuminated with rapid 7.32 intermittent flashes, drivers of vehicles may proceed through 7.33 the intersection or past the signals only with caution. 7.34 (d) When a yellow arrow indication is illuminated with 7.35 rapid intermittent flashes, drivers of vehicles with the 7.36 intention of making a movement indicated by the arrow may 8.1 proceed through the intersection or past the signals only with 8.2 caution. 8.3 Subd. 9. [LANE-DIRECTION-CONTROL SIGNALS.] When 8.4 lane-direction-control signals are placed over individual lanes 8.5 of a street or highway, vehicular traffic may travel in lanes as 8.6 follows: 8.7 (a) Vehicular traffic facing a green arrow indication may 8.8 drive in the lane over which the arrow signal is located. 8.9 (b) Vehicular traffic facing a red "X" indication shall not 8.10 drive in the lane over which the signal is located. 8.11 (c) Vehicular traffic facing a steady yellow "X" indication 8.12 is thereby warned that use of the lane over which the signal is 8.13 located is being terminated, or that a red "X" indication will 8.14 be exhibited immediately thereafter when vehicular traffic shall 8.15 not drive in the lane. 8.16 (d) Vehicular traffic facing a yellow "X" indication 8.17 illuminated with rapid intermittent flashes may use a lane over 8.18 which the signal is located for a left turn or for a passing 8.19 maneuver, using proper caution. 8.20 SPEED RESTRICTIONS 8.21 Sec. 4. [169D.11] [EXCESSIVE SPEED.] 8.22 Subdivision 1. [BASIC RULE; INATTENTIVE DRIVING.] (a) No 8.23 person shall drive a vehicle on a highway at a speed greater 8.24 than is reasonable and prudent under the conditions. Every 8.25 driver is responsible for becoming and remaining aware of the 8.26 actual and potential hazards then existing on the highway and 8.27 must use due care in operating a vehicle. 8.28 (b) In every event speed shall be so restricted as may be 8.29 necessary to avoid colliding with any person, vehicle, or other 8.30 conveyance on or entering the highway in compliance with legal 8.31 requirements and the duty of all persons to use due care. 8.32 Subd. 2. [SPEED LIMITS.] (a) Where no special hazard 8.33 exists, the following speeds are lawful. Any speed exceeding 8.34 such limits is prima facie evidence that the speed is not 8.35 reasonable or prudent and that it is unlawful. However, the 8.36 speed limit within any city is a maximum limit and any speed in 9.1 excess thereof is unlawful: 9.2 (1) 30 miles per hour in an urban district; 9.3 (2) 65 miles per hour on freeways and expressways, as 9.4 defined in section 160.02, subdivision 16, outside the limits of 9.5 any urbanized area with a population of greater than 50,000 as 9.6 defined by order of the commissioner; 9.7 (3) 55 miles per hour in locations other than those 9.8 specified in this section; 9.9 (4) ten miles per hour in alleys; and 9.10 (5) 25 miles per hour in residential roadways if adopted by 9.11 the road authority having jurisdiction over the residential 9.12 roadway. 9.13 (b) A speed limit adopted under paragraph (a), clause (5), 9.14 is not effective unless the road authority has erected signs: 9.15 (1) designating the speed limit; and 9.16 (2) indicating the beginning and end of the residential 9.17 roadway on which the speed limit applies. 9.18 Subd. 3. [REDUCED SPEED REQUIRED.] The driver of any 9.19 vehicle shall, consistent with the requirements, drive at an 9.20 appropriate reduced speed when: 9.21 (a) approaching and crossing an intersection or railway 9.22 grade crossing; 9.23 (b) approaching and going around a curve; 9.24 (c) approaching a hill crest; 9.25 (d) traveling upon any narrow or winding roadway; and 9.26 (e) special hazards exist with respect to pedestrians or 9.27 other traffic or by reason of weather or highway conditions. 9.28 Subd. 4. [COMMISSIONER'S ESTABLISHMENT OF SPEED LIMIT.] On 9.29 determining upon the basis of an engineering and traffic 9.30 investigation that any speed set forth in this section is 9.31 greater or less than is reasonable or safe under the conditions 9.32 found to exist on any trunk highway or upon any part thereof, 9.33 the commissioner may erect appropriate signs designating a 9.34 reasonable and safe speed limit thereat. This speed limit is 9.35 effective when the signs are erected. Any speed exceeding the 9.36 limit is prima facie evidence that the speed is not reasonable 10.1 or prudent and that it is unlawful. However, any speed limit 10.2 within any city is a maximum limit and any speed in excess 10.3 thereof is unlawful. 10.4 Subd. 5. [COMMISSIONER'S ESTABLISHMENT OF MAXIMUM SPEED 10.5 LIMIT ZONE.] (a) On determining upon the basis of an engineering 10.6 and traffic investigation that a part of the trunk highway 10.7 system outside a city should be a zone of maximum speed limit, 10.8 the commissioner may establish that part as such a zone by 10.9 erecting appropriate signs: 10.10 (1) showing the beginning and end of the zone; 10.11 (2) designating a reasonable and safe speed for the zone, 10.12 which may be different than the speed set forth in this section; 10.13 and 10.14 (3) stating that it is a zone of maximum speed limit. 10.15 (b) The speed so designated by the commissioner within the 10.16 zone is a maximum speed limit. Speed exceeding the limit is 10.17 unlawful. 10.18 (c) The commissioner may in the same manner from time to 10.19 time: 10.20 (1) alter the boundary of the zone; 10.21 (2) alter the speed limit in the zone; or 10.22 (3) eliminate the zone. 10.23 Subd. 6. [MAXIMUM SPEED ON FREEWAYS AND EXPRESSWAYS.] 10.24 Notwithstanding subdivision 5, the commissioner may by order 10.25 designate a maximum lawful speed for freeways and expressways, 10.26 as defined in section 160.02, subdivision 16, with or without an 10.27 engineering and traffic investigation. The order may apply to 10.28 all such highways or to specific highways identified in the 10.29 order. 10.30 Subd. 7. [ZONING WITHIN LOCAL AREAS.] When local 10.31 authorities believe that the existing speed limit upon any 10.32 street or highway, or part thereof, within their respective 10.33 jurisdictions and not a part of the trunk highway system is 10.34 greater or less than is reasonable or safe under existing 10.35 conditions, they may request the commissioner to authorize the 10.36 erection of appropriate signs designating what speed is 11.1 reasonable and safe. Upon the basis of an engineering and 11.2 traffic investigation, the commissioner may authorize the 11.3 erection of appropriate signs designating a reasonable and safe 11.4 speed limit thereat. This speed limit shall be effective when 11.5 the signs are erected. Any speed exceeding this speed limit is 11.6 prima facie evidence that the speed is not reasonable or prudent 11.7 and that it is unlawful. However, any speed limit within any 11.8 city is a maximum limit and any speed in excess thereof is 11.9 unlawful. Alteration of speed limits on streets and highways 11.10 shall be made only upon the commissioner's authority except as 11.11 provided in subdivision 8. 11.12 Subd. 8. [SPEED ZONING IN SCHOOL ZONES.] (a) A local 11.13 authority may establish a school speed limit within a school 11.14 zone of a public or nonpublic school upon the basis of an 11.15 engineering and traffic investigation as prescribed by the 11.16 commissioner. The establishment of a school speed limit on any 11.17 trunk highway shall be with the commissioner's consent. The 11.18 school speed limits shall be in effect when children are 11.19 present, going to or leaving school during opening or closing 11.20 hours or during school recess periods. The school speed limit 11.21 shall not be: 11.22 (1) lower than 15 miles per hour; and 11.23 (2) more than 20 miles per hour below the established speed 11.24 limit on an affected street or highway if the established speed 11.25 limit is 40 miles per hour or greater. 11.26 (b) The school speed limit shall be effective upon the 11.27 erection of appropriate signs designating the speed and 11.28 indicating the beginning and end of the reduced speed zone. Any 11.29 speed exceeding the posted school speed limit is unlawful. The 11.30 signs shall be erected: 11.31 (1) by the local authority on those streets and highways 11.32 under its jurisdiction; and 11.33 (2) by the commissioner on trunk highways. 11.34 Subd. 9. [SEGMENTS IN URBAN DISTRICTS.] (a) When any 11.35 segment at least a quarter-mile long of any city street, city 11.36 state aid street, or town road on which a speed limit exceeding 12.1 30 miles per hour has been established pursuant to the 12.2 commissioner's engineering and traffic investigation meets the 12.3 definition of "urban district," the city's or town's governing 12.4 body may by resolution: 12.5 (1) declare the segment to be an urban district; and 12.6 (2) establish on the segment the speed limit for urban 12.7 districts prescribed in subdivision 2. 12.8 (b) The speed limit so established shall be effective upon 12.9 the erection of appropriate signs: 12.10 (1) designating the speed; and 12.11 (2) indicating the beginning and end of the segment on 12.12 which the speed limit is established. 12.13 (c) Any speed exceeding the posted limits is unlawful. 12.14 (d) A copy of the resolution shall be transmitted to the 12.15 commissioner at least ten days before erection of the signs. 12.16 Subd. 10. [SPEED ZONING IN ALLEYWAYS.] Local authorities 12.17 may regulate speed limits for alleyways based on their own 12.18 engineering and traffic investigations. Alleyway speed limits 12.19 established at other than ten miles per hour shall be effective 12.20 when proper signs are posted. 12.21 Subd. 11. [SPEED ZONING IN WORK ZONES; SURCHARGE.] (a) The 12.22 commissioner, on trunk highways and temporary trunk highways, 12.23 and a local authority, on streets and highways under its 12.24 jurisdiction, may authorize the use of a reduced maximum speed 12.25 limit in a highway work zone. The commissioner or local 12.26 authority need not conduct an engineering and traffic 12.27 investigation before authorizing a reduced speed limit in a 12.28 highway work zone. 12.29 (b) The minimum highway work zone speed limit is 20 miles 12.30 per hour. The work zone speed limit must not reduce the 12.31 established speed limit on the affected street or highway by 12.32 more than 15 miles per hour, except that the highway work zone 12.33 speed limit shall not exceed 40 miles per hour. A highway work 12.34 zone speed limit is effective on erection of appropriate 12.35 regulatory speed limit signs. The signs must be removed or 12.36 covered when they are not required. A speed greater than the 13.1 posted highway work zone speed limit is unlawful. 13.2 (c) Notwithstanding section 609A.47 or other law to the 13.3 contrary, a person who violates a speed limit established under 13.4 paragraph (b), or who violates any other provision of this 13.5 section while in a highway work zone, is assessed an additional 13.6 surcharge equal to the amount of the fine imposed for the speed 13.7 violation, but not less than $25. 13.8 Subd. 12. [SPEED LIMIT ON PARK ROADS.] (a) The political 13.9 subdivision with authority over a park may establish a speed 13.10 limit on a road located within the park. A speed limit 13.11 established under this subdivision on a trunk highway is 13.12 effective only with the commissioner's approval. A speed limit 13.13 established under this subdivision must be based on an 13.14 engineering and traffic investigation prescribed by the 13.15 commissioner. The speed limit must not: 13.16 (1) be lower than 20 miles per hour; and 13.17 (2) reduce an existing speed limit by more than 15 miles 13.18 per hour. 13.19 (b) A speed limit established under this subdivision is 13.20 effective on the erection of appropriate signs: 13.21 (1) designating the speed limit; and 13.22 (2) indicating the beginning and end of the reduced speed 13.23 zone. 13.24 (c) Any speed exceeding the posted speed is unlawful. 13.25 Sec. 5. [169D.13] [SPEED ON BRIDGES.] 13.26 Subdivision 1. [PROHIBITED CONDUCT.] No person shall drive 13.27 a vehicle over any bridge or other elevated structure 13.28 constituting a part of a highway at a speed greater than the 13.29 maximum speed that can be maintained with safety to the bridge 13.30 or structure, when the structure is signposted as provided in 13.31 this section. 13.32 Subd. 2. [COMMISSIONER MAY DETERMINE MAXIMUM SPEED.] The 13.33 commissioner, upon request from any local authority, shall, or, 13.34 upon the commissioner's own initiative, may, conduct an 13.35 investigation of any bridge or other elevated structure 13.36 constituting a part of a highway. On finding that the structure 14.1 cannot with safety to itself withstand vehicles traveling at the 14.2 speed otherwise permissible under this chapter, the commissioner 14.3 shall: 14.4 (a) determine and declare the maximum speed of vehicles 14.5 that the structure can withstand; and 14.6 (b) cause or permit suitable signs stating the maximum 14.7 speed to be erected and maintained at a distance of 100 feet 14.8 before each end of the structure. 14.9 Subd. 3. [PROOF.] Upon the trial of any person charged 14.10 with a violation of this section, proof of the commissioner's 14.11 determination of the maximum speed and the existence of the 14.12 signs is conclusive evidence of the maximum speed that can be 14.13 maintained with safety to the bridge or structure. 14.14 Sec. 6. [169D.15] [TOWING HEAVY FARM TRAILER; SPEED.] 14.15 No person may tow a vehicle registered as a farm trailer 14.16 that exceeds 6,000 pounds registered gross weight or gross 14.17 vehicle weight and is not equipped with brakes, at a speed 14.18 exceeding 25 miles per hour. 14.19 Sec. 7. [169D.17] [TOWING BY VEHICLE TRANSPORT BUSINESS; 14.20 SPEED.] 14.21 A person employed by a business required to be licensed 14.22 under section 168.053 (drive-away in transit license), in 14.23 pulling or towing vehicles covered by that section, shall not 14.24 exceed 35 miles per hour. 14.25 Sec. 8. [169D.19] [IMPEDING TRAFFIC; MINIMUM SPEED.] 14.26 Subdivision 1. [IMPEDING TRAFFIC.] No person shall drive a 14.27 motor vehicle at such a slow speed as to impede or block the 14.28 normal and reasonable movement of traffic except when: 14.29 (a) reduced speed is necessary for safe operation or in 14.30 compliance with law; or 14.31 (b) the vehicle is temporarily unable to maintain a greater 14.32 speed because of a combination of the weight of the vehicle and 14.33 the grade of the highway. 14.34 Subd. 2. [MINIMUM SPEED.] On determining upon the basis of 14.35 an engineering and traffic investigation that a speed at least 14.36 as great as, or exceeding, a specified and determined minimum is 15.1 necessary to the reasonable and safe use of any trunk highway or 15.2 portion thereof, the commissioner may erect appropriate signs 15.3 specifying the minimum speed on the highway or portion thereof. 15.4 The minimum speed shall be effective when the signs are erected. 15.5 Any speed less than the posted minimum speed is prima facie 15.6 evidence that the speed is not reasonable or prudent and that it 15.7 is unlawful. 15.8 OTHER PROVISIONS REGARDING SPEED 15.9 Sec. 9. [169D.21] [EMERGENCY VEHICLES.] 15.10 The speed limitations set forth in sections 169D.11 to 15.11 169D.17 do not apply to authorized emergency vehicles when 15.12 responding to emergency calls, but the drivers thereof shall 15.13 sound an audible signal by siren and display at least one 15.14 lighted red light to the front. This provision does not relieve 15.15 the driver of an authorized emergency vehicle from the duty to 15.16 drive with due regard for the safety of persons using the 15.17 street, nor does it protect the driver of an authorized 15.18 emergency vehicle from the consequence of a reckless disregard 15.19 of the safety of others. 15.20 Sec. 10. [169D.23] [SPEED EVIDENCE.] 15.21 Subdivision 1. [SPEEDOMETER; STANDARDS OF EVIDENCE.] (a) 15.22 In any prosecution in which the rate of speed of a motor vehicle 15.23 is relevant, evidence of the speed of a motor vehicle as 15.24 indicated on the speedometer thereof is admissible on a showing 15.25 that: 15.26 (1) the vehicle is regularly used in traffic law 15.27 enforcement; 15.28 (2) the vehicle's speedometer is regularly and routinely 15.29 tested for accuracy; and 15.30 (3) a record of the results of the tests is kept on file by 15.31 the agency having control of the vehicle. 15.32 (b) Evidence as to the speed indicated on the speedometer 15.33 is prima facie evidence that the vehicle was, at the time the 15.34 reading was observed, traveling at the rate of speed so 15.35 indicated, subject to correction by the amount of error, if any, 15.36 shown to exist by the test made closest in time to the time of 16.1 the reading. 16.2 (c) Records of speedometer tests kept in the regular course 16.3 of operations of any law enforcement agency are admissible, 16.4 without further foundation, as to the results of the tests. The 16.5 records shall be available to the defendant upon demand. 16.6 Nothing herein shall be construed to preclude or interfere with 16.7 the cross examination or impeachment of evidence of rate of 16.8 speed as indicated by speedometer readings, pursuant to the 16.9 rules of evidence. 16.10 Subd. 2. [RADAR; SPEED-MEASURING DEVICES; STANDARDS OF 16.11 EVIDENCE.] (a) In any prosecution in which the rate of speed of 16.12 a motor vehicle is relevant, evidence of the speed as indicated 16.13 on radar or other speed-measuring device is admissible in 16.14 evidence, subject to the following conditions: 16.15 (1) the officer operating the device has sufficient 16.16 training to properly operate the equipment; 16.17 (2) the officer testifies as to the manner in which the 16.18 device was set up and operated; 16.19 (3) the device was operated with minimal distortion or 16.20 interference from outside sources; and 16.21 (4) the device was tested by an accurate and reliable 16.22 external mechanism, method, or system at the time it was set up. 16.23 (b) Records of tests made of the devices and kept in the 16.24 regular course of operations of any law enforcement agency are 16.25 admissible in evidence without further foundation as to the 16.26 results of the tests. The records shall be available to a 16.27 defendant upon demand. Nothing in this subdivision shall be 16.28 construed to preclude or interfere with cross examination or 16.29 impeachment of evidence of the rate of speed as indicated on the 16.30 radar or speed-measuring device. 16.31 Subd. 3. [BURDEN OF PROOF IN CIVIL CASES.] The provisions 16.32 of this chapter declaring speed limitation shall not be 16.33 construed to relieve the plaintiff in any civil action from the 16.34 burden of proving negligence on the part of the defendant as the 16.35 proximate cause of an accident. 16.36 Sec. 11. [169D.25] [LIMITING OFFICER'S EXPOSURE TO 17.1 RADIATION FROM HAND-HELD RADAR UNIT.] 17.2 Law enforcement agencies that use hand-held radar units 17.3 shall establish operating procedures to reduce the operator's 17.4 exposure to microwave radiation. The procedures, at a minimum, 17.5 must require that: 17.6 (a) the operator turn the unit off when it is not in use; 17.7 (b) if the unit has a stand-by mode, the operator use this 17.8 mode except when measuring a vehicle's speed; 17.9 (c) the operator not allow the antenna to rest against the 17.10 operator's body while it is in operation; and 17.11 (d) the operator always point the antenna unit away from 17.12 the operator and any other person in very close proximity to the 17.13 unit. 17.14 Sec. 12. [169D.27] [RADAR JAMMER PROHIBITED.] 17.15 No person shall sell, offer for sale, use, or possess any 17.16 radar jammer in this state. 17.17 DRIVING RULES 17.18 Sec. 13. [169D.31] [DRIVING RULES GENERALLY.] 17.19 Subdivision 1. [KEEP TO THE RIGHT.] Upon all roadways of 17.20 sufficient width a vehicle shall be driven upon the right half 17.21 of the roadway, except as follows: 17.22 (a) when overtaking and passing another vehicle proceeding 17.23 in the same direction under the rules governing such movement; 17.24 (b) when the right half of a roadway is closed to traffic 17.25 while under construction or repair; 17.26 (c) upon a roadway divided into three marked lanes for 17.27 traffic under the rules applicable thereon; or 17.28 (d) upon a roadway designated and signposted for one-way 17.29 traffic as a one-way roadway. 17.30 Subd. 2. [MEETING.] Drivers of vehicles proceeding in 17.31 opposite directions, shall pass each other to the right, and 17.32 upon roadways having width for not more than one line of traffic 17.33 in each direction each driver shall give to the other at least 17.34 one-half of the main traveled portion of the roadway, as nearly 17.35 as possible. 17.36 Subd. 3. [PASSING.] The following rules shall govern the 18.1 overtaking and passing of vehicles proceeding in the same 18.2 direction, subject to the limitations, exceptions, and special 18.3 rules hereinafter stated: 18.4 (a) The driver of a vehicle overtaking another vehicle 18.5 proceeding in the same direction shall pass to the left thereof 18.6 at a safe distance and shall not again drive to the right side 18.7 of the roadway until safely clear of the overtaken vehicle. 18.8 (b) Except when overtaking and passing on the right is 18.9 permitted, the driver of an overtaken vehicle shall give way to 18.10 the right in favor of the overtaking vehicle on audible warning, 18.11 and shall not increase the speed of the overtaken vehicle until 18.12 completely passed by the overtaking vehicle. 18.13 (c) The operator of a motor vehicle overtaking a bicycle or 18.14 pedestrian proceeding in the same direction on the roadway shall 18.15 leave a safe distance, but in no case less than three feet 18.16 clearance, when passing the bicycle or pedestrian and shall 18.17 maintain clearance until safely past the overtaken bicycle or 18.18 pedestrian. 18.19 Subd. 4. [PASSING ON RIGHT.] (a) The driver of a vehicle 18.20 may overtake and pass upon the right of another vehicle only 18.21 upon the following conditions: 18.22 (1) when the vehicle overtaken is making or about to make a 18.23 left turn; 18.24 (2) upon a street or highway with unobstructed pavement not 18.25 occupied by parked vehicles of sufficient width for two or more 18.26 lines of moving vehicles in each direction; or 18.27 (3) upon a one-way street, or upon any roadway on which 18.28 traffic is restricted to one direction of movement, where the 18.29 roadway is free from obstructions and of sufficient width for 18.30 two or more lines of moving vehicles. 18.31 (b) The driver of a vehicle may overtake and pass another 18.32 vehicle upon the right only under conditions permitting such 18.33 movement in safety. In no event shall such movement be made by 18.34 driving off the pavement or main-traveled portion of the roadway. 18.35 Subd. 5. [DRIVING LEFT OF ROADWAY CENTER; EXCEPTION.] (a) 18.36 No vehicle shall be driven to the left side of the center of the 19.1 roadway in overtaking and passing another vehicle proceeding in 19.2 the same direction unless the left side is clearly visible and 19.3 is free of oncoming traffic for a sufficient distance ahead to 19.4 permit the overtaking and passing to be completed without 19.5 interfering with the safe operation of any vehicle approaching 19.6 from the opposite direction or any vehicle overtaken. In every 19.7 event the overtaking vehicle must return to the right-hand side 19.8 of the roadway before coming within 100 feet of any vehicle 19.9 approaching from the opposite direction. 19.10 (b) Except on a one-way roadway or as provided in paragraph 19.11 (c), no vehicle shall, in overtaking and passing another vehicle 19.12 or at any other time, be driven to the left half of the roadway 19.13 under the following conditions: 19.14 (1) when approaching the crest of a grade or upon a curve 19.15 in the highway where the driver's view along the highway is 19.16 obstructed within a distance of 700 feet; 19.17 (2) when approaching within 100 feet of any underpass or 19.18 tunnel, railroad grade crossing, intersection within a city, or 19.19 intersection outside a city if the presence of the intersection 19.20 is marked by warning signs; or 19.21 (3) where official signs are in place prohibiting passing, 19.22 or a distinctive center line is marked, which distinctive line 19.23 also so prohibits passing, as declared in the manual of 19.24 traffic-control devices adopted by the commissioner. 19.25 (c) Paragraph (b) does not apply to a self-propelled or 19.26 towed implement of husbandry that: 19.27 (1) is escorted at the front by a registered motor vehicle 19.28 that is displaying vehicular hazard warning lights visible to 19.29 the front and rear in normal sunlight; and 19.30 (2) does not extend into the left half of the roadway to 19.31 any greater extent than made necessary by the total width of the 19.32 right half of the roadway together with any adjacent shoulder 19.33 that is suitable for travel. 19.34 Subd. 6. [ONE-WAY TRAFFIC.] (a) Upon a roadway designated 19.35 and signposted for one-way traffic as a one-way roadway, a 19.36 vehicle shall be driven only in the direction designated. 20.1 (b) A vehicle passing around a rotary traffic island shall 20.2 be driven only to the right of the island. 20.3 Subd. 7. [LANED HIGHWAYS.] When any roadway is divided 20.4 into two or more clearly marked lanes for traffic, the following 20.5 rules, in addition to all others consistent herewith, shall 20.6 apply: 20.7 (a) A vehicle shall be driven as nearly as practicable 20.8 entirely within a single lane and shall not be moved from that 20.9 lane until the driver has first ascertained that the movement 20.10 can be made with safety. 20.11 (b) Upon a roadway that is not a one-way roadway and that 20.12 is divided into three lanes, a vehicle shall not be driven in 20.13 the center lane except: 20.14 (1) when overtaking and passing another vehicle where the 20.15 roadway is clearly visible and the center lane is clear of 20.16 traffic within a safe distance; 20.17 (2) in preparation for a left turn; or 20.18 (3) where the center lane is at the time allocated 20.19 exclusively to traffic moving in the direction the vehicle is 20.20 proceeding, and is signposted to give notice of that allocation. 20.21 (c) The left lane of a three-lane roadway that is not a 20.22 one-way roadway shall not be used for overtaking and passing 20.23 another vehicle. 20.24 (d) Official signs may be erected directing slow-moving 20.25 traffic to use a designated lane or allocating specified lanes 20.26 to traffic moving in the same direction. A driver of a vehicle 20.27 shall obey the directions of every such sign. 20.28 (e) Whenever a bicycle lane has been established on a 20.29 roadway, no person operating a motor vehicle on the roadway 20.30 shall drive in the bicycle lane except to: 20.31 (1) park where parking is permitted; 20.32 (2) enter or leave the highway; or 20.33 (3) prepare for a turn as provided in section 169D.33, 20.34 subdivision 1. 20.35 Subd. 8. [FOLLOWING VEHICLE TOO CLOSELY.] (a) The driver 20.36 of a motor vehicle shall not follow another vehicle more closely 21.1 than is reasonable and prudent, having due regard for the speed 21.2 of the vehicle and the traffic upon and conditions of the 21.3 highway. 21.4 (b) The driver of any motor vehicle drawing another 21.5 vehicle, or the driver of any motor truck or bus, when traveling 21.6 upon a roadway outside a business or residence district, shall 21.7 not follow within 500 feet of another vehicle except: 21.8 (1) when overtaking and passing; or 21.9 (2) in any lane specially designated for use by motor 21.10 trucks. 21.11 (c) The driver of a motor vehicle shall not follow within 21.12 500 feet of an authorized emergency vehicle that is traveling in 21.13 response to an emergency. 21.14 Subd. 9. [DIVIDED HIGHWAYS; CROSSOVERS.] (a) Whenever any 21.15 highway has been divided into two or more roadways by leaving an 21.16 intervening space or by a physical barrier or clearly indicated 21.17 dividing section so constructed as to impede vehicular traffic, 21.18 every vehicle shall be driven only upon the right-hand roadway 21.19 unless directed or permitted to use another roadway by an 21.20 official traffic-control device or a peace officer. 21.21 (b) No vehicle shall be driven over, across, or within the 21.22 dividing space, barrier, or section, except: 21.23 (1) through an opening in the dividing space, barrier, or 21.24 section; or 21.25 (2) at a crossover or intersection established by public 21.26 authority. 21.27 Subd. 10. [SLOW-MOVING VEHICLES.] Upon all roadways any 21.28 vehicle proceeding at less than the normal speed of traffic at 21.29 the time and place and under the conditions then existing shall 21.30 be driven in the right-hand lane then available for traffic, or 21.31 as close as practicable to the right-hand curb or edge of the 21.32 roadway, except when: 21.33 (a) overtaking and passing another vehicle proceeding in 21.34 the same direction; 21.35 (b) preparing for a left turn at an intersection or into a 21.36 private road or driveway; or 22.1 (c) a specific lane is designated and posted for a specific 22.2 type of traffic. 22.3 Sec. 14. [169D.33] [TURNING AND STARTING.] 22.4 Subdivision 1. [TURNING AT INTERSECTION.] The driver of a 22.5 vehicle intending to turn at an intersection shall proceed as 22.6 follows: 22.7 (a) In approaching and making a right turn, the driver 22.8 shall keep the vehicle as close as practicable to the right-hand 22.9 curb or edge of the roadway. 22.10 (b) A driver on a two-way roadway turning left onto another 22.11 two-way roadway shall approach the turn in that portion of the 22.12 right half of the roadway nearest the center line. After 22.13 entering the intersection, the driver shall make the left turn 22.14 and leave the intersection just to the right of the center line 22.15 of the roadway being entered. Whenever practicable the driver 22.16 shall make the left turn in that portion of the intersection to 22.17 the left of the center of the intersection. 22.18 (c) A driver on a two-way roadway turning left onto a 22.19 one-way roadway shall approach the turn in that portion of the 22.20 right half of the roadway nearest the center line thereof and 22.21 pass to the right of the center line where it enters the 22.22 intersection. The driver shall complete the left turn into the 22.23 left lane of the roadway being entered. 22.24 (d) A driver on a one-way roadway turning left onto a 22.25 two-way roadway shall approach the turn in the left lane and 22.26 pass to the right of the center line of the roadway being 22.27 entered upon leaving the intersection. 22.28 (e) Where both streets or roadways are one way, the driver 22.29 shall both approach and make a left turn as close as practicable 22.30 to the left-hand curb or edge of the roadway. 22.31 (f) Local authorities in their respective jurisdictions may 22.32 cause markers, buttons, or signs to be placed within or adjacent 22.33 to intersections and thereby require and direct that a different 22.34 course from that specified in this section be traveled by 22.35 vehicles turning at an intersection. When markers, buttons, or 22.36 signs are so placed, no driver of a vehicle shall turn a vehicle 23.1 at an intersection other than as directed and required by the 23.2 markers, buttons, or signs. 23.3 (g) Whenever it is necessary for the driver of a motor 23.4 vehicle to cross a bicycle lane adjacent to the driver's lane of 23.5 travel to make a turn, the driver shall drive the motor vehicle 23.6 into the bicycle lane prior to making the turn, and shall make 23.7 the turn, yielding the right-of-way to any vehicles approaching 23.8 so close thereto as to constitute an immediate hazard. 23.9 Subd. 2. [U-TURNS.] (a) No vehicle shall be turned so as 23.10 to proceed in the opposite direction upon any curve, or upon the 23.11 approach to or near the crest of a grade, where the vehicle 23.12 cannot be seen by the driver of any other vehicle approaching 23.13 from either direction within 1,000 feet. 23.14 (b) No driver of a vehicle shall turn the vehicle so as to 23.15 proceed in the opposite direction unless the movement can be 23.16 made safely and without interfering with other traffic. 23.17 Subd. 3. [STARTING PARKED CAR.] No person shall start a 23.18 vehicle that is stopped, standing, or parked unless and until 23.19 the movement can be made with reasonable safety. 23.20 Subd. 4. [CHANGE OF COURSE.] (a) No person shall turn a 23.21 vehicle at an intersection unless the vehicle is in proper 23.22 position upon the roadway as required in this section. 23.23 (b) No person shall turn a vehicle to enter a private road 23.24 or driveway or otherwise turn a vehicle from a direct course or 23.25 move right or left upon a highway unless and until the movement 23.26 can be made with reasonable safety after giving an appropriate 23.27 signal in the manner hereinafter provided. 23.28 Subd. 5. [SIGNAL TO TURN.] A signal of intention to turn 23.29 right or left shall be given continuously during not less than 23.30 the last 100 feet traveled by the vehicle before turning. 23.31 Subd. 6. [SIGNAL TO STOP.] No person shall stop or 23.32 suddenly decrease the speed of a vehicle without first giving an 23.33 appropriate signal in the manner provided herein to the driver 23.34 of any vehicle immediately to the rear unless there is a good 23.35 and sufficient reason for not being able to do so. 23.36 Subd. 7. [SIGNALING METHODS.] The signals herein required 24.1 shall be given either by means of the hand and arm or by a 24.2 signal lamp or signal device of a type approved by the 24.3 commissioner of public safety. However, when a vehicle is so 24.4 constructed or loaded that a hand and arm signal would not be 24.5 visible in normal sunlight, and at night both to the front and 24.6 rear of the vehicle, then the signals must be given by such a 24.7 lamp or device. 24.8 Subd. 8. [HAND SIGNALS.] When the signal is given by means 24.9 of the hand and arm the driver shall indicate intention to 24.10 start, stop, or turn by extending the hand and arm from and 24.11 beyond the left side of the vehicle in the following manner and 24.12 these signals shall indicate as follows: 24.13 (a) Left turn. -- Hand and arm extended horizontally. 24.14 (b) Right turn. -- Hand and arm extended upward, except 24.15 that a bicyclist or motorcyclist may extend the right hand and 24.16 arm horizontally to the right side of the bicycle or motorcycle. 24.17 (c) Stop or decrease speed. -- Hand and arm extended 24.18 downward. 24.19 Sec. 15. [169D.35] [RIGHT-OF-WAY.] 24.20 Subdivision 1. [APPROACHING INTERSECTION.] (a) When two 24.21 vehicles enter an uncontrolled intersection from different 24.22 highways at approximately the same time, the driver of the 24.23 vehicle on the left shall yield the right-of-way to the vehicle 24.24 on the right. 24.25 (b) When two vehicles enter an intersection controlled by 24.26 stop signs or by blinking red traffic signals requiring drivers 24.27 or vehicles from any direction to stop before proceeding, the 24.28 driver of the vehicle on the left shall yield the right-of-way 24.29 to the vehicle on the right. 24.30 (c) At an uncontrolled approach to a T-shaped intersection, 24.31 the driver required to turn shall yield to the cross traffic. 24.32 (d) The driver of any vehicle traveling at an unlawful 24.33 speed forfeits any right-of-way that the driver might otherwise 24.34 have hereunder. 24.35 (e) The foregoing rules are modified as hereinafter stated 24.36 in this section. 25.1 Subd. 2. [LEFT TURNS.] The driver of a vehicle intending 25.2 to turn to the left within an intersection or into an alley, 25.3 private road, or driveway shall yield the right-of-way to any 25.4 vehicle approaching from the opposite direction that is within 25.5 the intersection or so close thereto as to constitute an 25.6 immediate hazard. 25.7 Subd. 3. [THROUGH HIGHWAY; STOP SIGN.] (a) The driver of a 25.8 vehicle shall stop as required by this chapter at the entrance 25.9 to a through highway and shall yield the right-of-way to other 25.10 vehicles that have entered the intersection from the through 25.11 highway or that are approaching so closely on the through 25.12 highway as to constitute an immediate hazard. 25.13 (b) The driver having so yielded may proceed, and the 25.14 drivers of all other vehicles approaching the intersection on 25.15 the through highway shall yield the right-of-way to the vehicles 25.16 so proceeding into or across the through highway. 25.17 (c) The driver of a vehicle shall likewise stop in 25.18 obedience to a stop sign, as required herein, at an intersection 25.19 where a stop sign is erected at one or more entrances thereto 25.20 although not a part of a through highway, and shall proceed 25.21 cautiously, yielding to vehicles not so obliged to stop that are 25.22 within the intersection or approaching so closely as to 25.23 constitute an immediate hazard, but may then proceed. 25.24 Subd. 4. [VEHICLE ENTERING ROADWAY.] The driver of a 25.25 vehicle about to enter or cross a roadway from any place other 25.26 than a roadway shall yield the right-of-way to all vehicles 25.27 approaching on the roadway to be entered or crossed. 25.28 Subd. 5. [EMERGENCY VEHICLE.] (a) Upon the immediate 25.29 approach of an authorized emergency vehicle equipped with at 25.30 least one lighted lamp exhibiting red light visible under normal 25.31 atmospheric conditions from a distance of 500 feet to the front 25.32 of the vehicle and, except where otherwise not required by law, 25.33 when the driver is giving audible signal by siren, the driver of 25.34 each other vehicle shall yield the right-of-way and shall 25.35 immediately drive to a position parallel to and as close as 25.36 possible to the right-hand edge or curb of the highway clear of 26.1 any intersection, and shall stop and remain in this position 26.2 until the authorized emergency vehicle has passed, except when 26.3 otherwise directed by a peace officer. The driver of another 26.4 vehicle on a one-way roadway shall drive to the closest edge or 26.5 curb and stop. 26.6 (b) The driver of an authorized emergency vehicle escorting 26.7 the movement of a vehicle or load that is oversize or overweight 26.8 need not sound an audible signal by siren but shall exhibit the 26.9 light required by paragraph (a). The driver of each other 26.10 vehicle then shall yield the right-of-way, as required by 26.11 paragraph (a), to the emergency vehicle escorting the vehicle or 26.12 load that is oversize or overweight. 26.13 (c) This subdivision does not relieve the driver of an 26.14 authorized emergency vehicle from the duty to drive with due 26.15 regard for the safety of persons using the highways. 26.16 Subd. 6. [EMERGENCY VEHICLE; CITATION UPON PROBABLE 26.17 CAUSE.] A peace officer may issue a citation in lieu of arrest 26.18 to the driver of a motor vehicle if the peace officer has 26.19 probable cause to believe that the driver has failed to yield 26.20 the right-of-way to an emergency vehicle in violation of 26.21 subdivision 5. 26.22 Subd. 7. [FUNERAL PROCESSION.] When any funeral procession 26.23 identifies itself by using regular lights on all cars and by 26.24 keeping all cars in close formation, the driver of every other 26.25 vehicle, except an emergency vehicle, shall yield the 26.26 right-of-way. 26.27 Subd. 8. [TRANSIT BUS.] The driver of a vehicle traveling 26.28 in the right-hand lane of traffic shall yield the right-of-way 26.29 to any transit bus attempting to enter that lane from a bus stop 26.30 or shoulder, as indicated by a flashing left turn signal. 26.31 Sec. 16. [169D.355] [INFRACTION OWNER OR LESSEE 26.32 RESPONSIBILITY FOR FAILURE TO YIELD TO EMERGENCY VEHICLE.] 26.33 Subdivision 1. [OWNER OR LESSEE RESPONSIBLE.] Except as 26.34 provided in subdivision 2, if a motor vehicle is operated in 26.35 violation of section 169D.35, subdivision 5, the owner of the 26.36 vehicle, or for a leased motor vehicle the lessee of the 27.1 vehicle, is guilty of an infraction. 27.2 Subd. 2. [EXCEPTIONS.] Subdivision 1 does not apply: 27.3 (a) if a person other than the owner or lessee was 27.4 operating the vehicle at the time the violation occurred; 27.5 (b) if the owner presents written evidence that the motor 27.6 vehicle had been reported to a law enforcement agency as stolen 27.7 at the time of the violation; 27.8 (c) if the motor vehicle operator is prosecuted for 27.9 violating section 169D.35, subdivision 5; or 27.10 (d) to a lessor of a motor vehicle if the lessor keeps a 27.11 record of the lessee's name and address. 27.12 Subd. 3. [OPERATOR RESPONSIBILITY UNAFFECTED.] Subdivision 27.13 1 does not prohibit or limit the prosecution of a motor vehicle 27.14 operator for violating section 169D.35, subdivision 5. 27.15 Subd. 4. [NO GROUNDS FOR REVOCATION OR SUSPENSION OF 27.16 LICENSE.] A violation under subdivision 1 does not constitute 27.17 grounds for revoking or suspending the owner's or lessee's 27.18 driver's license. 27.19 Sec. 17. [169D.37] [YIELD SIGN.] 27.20 The driver of a vehicle approaching a YIELD sign shall: 27.21 (a) slow to a speed that is reasonable for conditions of 27.22 traffic and visibility; 27.23 (b) stop if necessary; and 27.24 (c) yield the right-of-way to any pedestrian legally 27.25 crossing the roadway, and to all vehicles on the intersecting 27.26 street or highway that are so close as to constitute an 27.27 immediate hazard. 27.28 Sec. 18. [169D.39] [SAFETY ZONE.] 27.29 No vehicle shall at any time be driven through a safety 27.30 zone. 27.31 RAILROAD CROSSINGS 27.32 Sec. 19. [169D.41] [SPECIAL STOPS AT RAILROADS.] 27.33 Subdivision 1. [REQUIREMENTS.] (a) When any person driving 27.34 a vehicle approaches a railroad grade crossing under any of the 27.35 circumstances stated in this paragraph, the driver shall stop 27.36 the vehicle not less than ten feet from the nearest railroad 28.1 track and shall not proceed until safe to do so. These 28.2 requirements apply when: 28.3 (1) a clearly visible electric or mechanical signal device 28.4 warns of the immediate approach of a railroad train; 28.5 (2) a crossing gate is lowered warning of the immediate 28.6 approach or passage of a railroad train; or 28.7 (3) an approaching railroad train is plainly visible and is 28.8 in hazardous proximity. 28.9 (b) The fact that a moving train approaching a railroad 28.10 grade crossing is visible from the crossing is prima facie 28.11 evidence that it is not safe to proceed. 28.12 (c) The driver of a vehicle shall stop and remain stopped 28.13 and not traverse the grade crossing when a human flagger signals 28.14 the approach or passage of a train. No person may drive a 28.15 vehicle past a flagger at a railroad crossing until the flagger 28.16 signals that the way is clear to proceed. 28.17 Subd. 2. [ARREST UPON PROBABLE CAUSE.] A peace officer may 28.18 arrest the driver of a motor vehicle if the officer has probable 28.19 cause to believe that the driver has operated the vehicle in 28.20 violation of subdivision 1 within the past four hours. 28.21 Sec. 20. [169D.413] [SECOND DEGREE MISDEMEANOR RAILROAD 28.22 CROSSING VIOLATION.] 28.23 A driver who violates section 169D.41, subdivision 1, is 28.24 guilty of a second degree misdemeanor. 28.25 Sec. 21. [169D.415] [INFRACTION OWNER OR LESSEE 28.26 RESPONSIBILITY FOR RAILROAD CROSSING VIOLATION.] 28.27 Subdivision 1. [OWNER OR LESSEE RESPONSIBLE.] Except as 28.28 provided in subdivision 2, the owner or, in the case of a leased 28.29 vehicle, the lessee of a motor vehicle is guilty of an 28.30 infraction if a motor vehicle owned or leased by that person is 28.31 operated in violation of section 169D.41, subdivision 1. 28.32 Subd. 2. [EXCEPTIONS.] Subdivision 1 does not apply: 28.33 (a) if a person other than the owner or lessee was 28.34 operating the vehicle at the time the violation occurred; 28.35 (b) if the owner presents written evidence that the motor 28.36 vehicle had been reported to a law enforcement agency as stolen 29.1 at the time of the violation; 29.2 (c) if the motor vehicle operator is prosecuted for 29.3 violating section 169D.41, subdivision 1; or 29.4 (d) to a lessor of a motor vehicle if the lessor keeps a 29.5 record of the lessee's name and address. 29.6 Subd. 3. [OPERATOR RESPONSIBILITY UNAFFECTED.] Subdivision 29.7 1 does not prohibit or limit the prosecution of a motor vehicle 29.8 operator for violating section 169D.41, subdivision 1. 29.9 Subd. 4. [NO GROUNDS FOR REVOKING OR SUSPENDING 29.10 LICENSE.] A violation of subdivision 1 does not constitute 29.11 grounds for revoking or suspending the owner's or lessee's 29.12 driver's license. 29.13 Sec. 22. [169D.43] [CERTAIN VEHICLES TO STOP AT 29.14 RAILROADS.] 29.15 Subdivision 1. [STOP REQUIRED.] (a) The driver of any 29.16 motor vehicle carrying passengers for hire, or of any school bus 29.17 whether carrying passengers or not, or of any Head Start bus 29.18 whether carrying passengers or not, or of any vehicle carrying 29.19 explosive substances or flammable liquids, or liquid gas under 29.20 pressure as a cargo or part of a cargo, before crossing at grade 29.21 any track or tracks of a railroad, shall: 29.22 (1) stop the vehicle not less than ten feet from the 29.23 nearest rail of the railroad; 29.24 (2) while so stopped shall listen and look in both 29.25 directions along the track for any approaching train, and for 29.26 signals indicating the approach of a train, except as 29.27 hereinafter provided; and 29.28 (3) shall not proceed until it is safe to do so. 29.29 (b) A school bus or Head Start bus shall not be flagged 29.30 across railroad grade crossings except at those railroad grade 29.31 crossings that the local school administrative officer 29.32 designates. 29.33 Subd. 2. [EXEMPT CROSSINGS.] (a) The commissioner may 29.34 designate a crossing as an exempt crossing if the crossing is: 29.35 (1) on a rail line on which service has been abandoned; or 29.36 (2) on a rail line that carries fewer than five trains each 30.1 year, traveling at speeds of ten miles per hour or less. 30.2 (b) The commissioner shall direct the railroad to erect at 30.3 the crossing signs bearing the word "Exempt" that conform to 30.4 section 169D.07. The installation or presence of an exempt sign 30.5 does not relieve a driver of the duty to use due care. 30.6 (c) A train must not proceed across an exempt crossing 30.7 unless a peace officer is present to direct traffic or a 30.8 railroad employee is on the ground to warn traffic until the 30.9 train enters the crossing. 30.10 (d) A vehicle that must stop at grade crossings under 30.11 subdivision 1 is not required to stop at a marked exempt 30.12 crossing unless directed otherwise by a peace officer or a 30.13 railroad employee. 30.14 Sec. 23. [169D.45] [CROSSING RAILROAD TRACKS WITH CERTAIN 30.15 EQUIPMENT. ] 30.16 Subdivision 1. [EQUIPMENT COVERED.] No person shall 30.17 operate or move any caterpillar tractor, steam shovel, derrick, 30.18 roller, or any equipment or structure having a normal operating 30.19 speed of six or less miles per hour or a vertical body or load 30.20 clearance of less than nine inches above the level surface of a 30.21 roadway upon or across any tracks at a railroad grade crossing 30.22 without first complying with this section. 30.23 Subd. 2. [STOP, LOOK, AND LISTEN.] Before making any 30.24 crossing, the person operating or moving any vehicle or 30.25 equipment set forth in this section shall first stop the same 30.26 not less than ten, nor more than 50, feet from the nearest rail 30.27 of the railway, and while so stopped shall listen and look in 30.28 both directions along the track for any approaching train and 30.29 for signals indicating the approach of a train, and shall not 30.30 proceed until the crossing can be made safely. 30.31 Subd. 3. [CROSSING PROHIBITED.] No crossing shall be made 30.32 when warning is given by automatic signal or crossing gates or a 30.33 flagger or otherwise of the immediate approach of a railroad 30.34 train or car. 30.35 Subd. 4. [ABANDONED LINE.] No stop need be made at a 30.36 crossing on a rail line on which service has been abandoned and 31.1 where a sign erected in conformance with section 169D.07 and 31.2 bearing the word "Exempt" has been installed, unless directed 31.3 otherwise by a flagger. The installation or presence of an 31.4 exempt sign shall not relieve any driver of the duty to use due 31.5 care. 31.6 CONTROLLED ACCESS AND THROUGH HIGHWAYS 31.7 Sec. 24. [169D.51] [THROUGH HIGHWAYS AND STOP OR YIELD 31.8 INTERSECTIONS.] 31.9 Subdivision 1. [DESIGNATION.] The commissioner, with 31.10 reference to state trunk highways, and local authorities, with 31.11 reference to other highways under their jurisdiction, may 31.12 designate through highways by erecting stop signs or yield signs 31.13 at entrances thereto or may designate any intersection as a stop 31.14 or yield intersection by erecting like signs at one or more 31.15 entrances to the intersection. Local authorities, with the 31.16 commissioner's consent, may designate through highway or stop or 31.17 yield intersections on state trunk highways. 31.18 Subd. 2. [DUTY TO STOP.] Every driver of a vehicle shall 31.19 stop at a stop sign or at a clearly marked stop line before 31.20 entering the intersection, except when directed to proceed by a 31.21 peace officer or traffic-control signal. 31.22 Sec. 25. [169D.53] [CONTROLLED ACCESS HIGHWAYS.] 31.23 Subdivision 1. [ENTRANCES AND EXITS; CROSSOVERS; USE BY 31.24 PEDESTRIANS AND NONMOTORIZED VEHICLES; SIGNS; RULES.] (a) No 31.25 person shall drive a vehicle onto or from any controlled access 31.26 highway except at the entrances and exits established by public 31.27 authority. 31.28 (b) When special crossovers between the main roadways of a 31.29 controlled access highway are provided for emergency vehicles or 31.30 maintenance equipment and the crossovers are signed to prohibit 31.31 "U" turns, it is unlawful for any vehicle, except an authorized 31.32 emergency vehicle, maintenance equipment, construction equipment 31.33 including contractor's and state-owned equipment when operating 31.34 within a marked construction zone, or a tow truck or towing 31.35 vehicle if it is on the way to the location of an accident or a 31.36 disabled vehicle, to use the crossover. Vehicles owned and 32.1 operated by elderly and needy persons under contract with the 32.2 commissioner pursuant to section 160.282 for maintenance 32.3 services on highway rest stop and tourist centers outside the 32.4 seven-county metropolitan area as defined in section 473.121, 32.5 may also use these crossovers while those persons are proceeding 32.6 to or from work in the rest area or tourist center if authorized 32.7 by the commissioner, and the vehicle carries on its roof a 32.8 distinctive flag designed and issued by the commissioner. 32.9 (c) The commissioner may by order, and any public authority 32.10 may by ordinance, with respect to any controlled access highway 32.11 under their jurisdictions prohibit or regulate the use of any 32.12 such highway by pedestrians, bicycles, or other nonmotorized 32.13 traffic, or by motorized bicycles, or by any class or kind of 32.14 traffic that is found to be incompatible with the normal and 32.15 safe flow of traffic. 32.16 (d) The commissioner or the public authority adopting any 32.17 such prohibitory rules shall erect and maintain official signs 32.18 on the controlled access highway on which the rules are 32.19 applicable. When the signs are erected, no person shall disobey 32.20 the restrictions stated on the signs. 32.21 Subd. 2. [BACKING.] Except for a driver of an authorized 32.22 emergency vehicle in the course of performing duties, no driver 32.23 of a vehicle shall back the same upon the roadway or shoulder of 32.24 any controlled access highway. 32.25 FIRE SCENES 32.26 Sec. 26. [169D.61] [FIRE APPARATUS; FIRE STATIONS.] 32.27 Subdivision 1. [FOLLOWING FIRE APPARATUS; PARKING AT FIRE 32.28 SCENE.] The driver of any vehicle other than one on official 32.29 business shall not: 32.30 (a) follow any fire apparatus traveling in response to a 32.31 fire alarm closer than 500 feet; or 32.32 (b) drive into or park the vehicle within the block where 32.33 fire apparatus has stopped in answer to a fire alarm. 32.34 Subd. 2. [FIRE STATION ENTRANCE.] No person shall drive a 32.35 vehicle within 50 feet of the driveway entrance to any fire 32.36 station while fire apparatus is being driven into the fire 33.1 station unless on official business. 33.2 Sec. 27. [169D.63] [CROSSING FIRE HOSE.] 33.3 No vehicle shall be driven over any unprotected hose of a 33.4 fire department when laid down on any street or private 33.5 driveway, to be used at any fire or alarm of fire, without the 33.6 consent of the fire department official in command. 33.7 DUTIES TO PEDESTRIANS 33.8 Sec. 28. [169D.71] [STOPPING AND YIELDING AT CROSSWALK.] 33.9 Subdivision 1. [IN ABSENCE OF SIGNALS.] Where 33.10 traffic-control signals are not in place or in operation, the 33.11 driver of a vehicle shall stop to yield the right-of-way to a 33.12 pedestrian crossing the roadway within a marked crosswalk or 33.13 within any crosswalk at an intersection, but no pedestrian shall 33.14 suddenly leave a curb or other place of safety and walk or run 33.15 into the path of a vehicle which is so close that it is 33.16 impossible for the driver to yield. This subdivision does not 33.17 apply if traffic-control signals are in place and in operation. 33.18 Subd. 2. [PASSING VEHICLE STOPPED FOR PEDESTRIAN.] When 33.19 any vehicle is stopped at a marked crosswalk or at any unmarked 33.20 crosswalk at an intersection to permit a pedestrian to cross the 33.21 roadway, the driver of any other vehicle approaching from the 33.22 rear shall not overtake and pass the stopped vehicle. 33.23 Subd. 3. [SCHOOL CHILDREN CROSSING VIOLATION.] It is 33.24 unlawful for any person to drive a motor vehicle through a 33.25 column of school children crossing a street or highway or past a 33.26 member of a school safety patrol or adult crossing guard, while 33.27 the member of the school safety patrol or adult crossing guard 33.28 is directing the movement of children across a street or highway 33.29 and while the school safety patrol member or adult crossing 33.30 guard is holding an official signal in the stop position. 33.31 Sec. 29. [169D.713] [FIRST DEGREE MISDEMEANOR SCHOOL 33.32 CHILDREN CROSSING VIOLATION.] 33.33 A person who violates section 169D.71, subdivision 3, a 33.34 second or subsequent time within one year after a previous 33.35 conviction under that provision is guilty of a first degree 33.36 misdemeanor. 34.1 Sec. 30. [169D.715] [SECOND DEGREE MISDEMEANOR CROSSING 34.2 VIOLATION.] 34.3 Except as provided in section 169D.713, a person is guilty 34.4 of a second degree misdemeanor if the person: 34.5 (a) violates section 169D.71, subdivision 3; or 34.6 (b) violates section 169D.71, subdivision 1 or 2, a second 34.7 or subsequent time within one year after a previous conviction 34.8 under section 169D.71. 34.9 Sec. 31. [169D.717] [THIRD DEGREE MISDEMEANOR CROSSING 34.10 VIOLATION.] 34.11 Except as provided in sections 169D.713 and 169D.715, 34.12 whoever violates section 169D.71 is guilty of a third degree 34.13 misdemeanor. 34.14 Sec. 32. [169D.73] [PUBLIC SERVICE ANNOUNCEMENTS.] 34.15 The commissioner shall include in the department's series 34.16 of public service announcements information that educates the 34.17 public about traffic regulations that are frequently violated, 34.18 including the requirement for a vehicle driver to stop to yield 34.19 the right-of-way to a pedestrian in a crosswalk. The 34.20 commissioner shall distribute these announcements for broadcast 34.21 in this state on radio and television. 34.22 Sec. 33. [169D.75] [STOPPING AND YIELDING FOR BLIND PERSON 34.23 CARRYING WHITE CANE.] 34.24 Any person operating a motor vehicle in this state shall 34.25 bring the motor vehicle to a stop and give the right-of-way at 34.26 any intersection of any street, avenue, alley, or other public 34.27 highway to a blind pedestrian who is carrying a cane 34.28 predominantly white or metallic in color, with or without red 34.29 tip, or using a guide dog, when the blind person enters the 34.30 intersection. 34.31 Sec. 34. [169D.77] [STOPPING AT SIDEWALK. ] 34.32 The driver of a vehicle within a business or residence 34.33 district emerging from an alley, driveway, or building shall 34.34 stop the vehicle immediately prior to driving onto a sidewalk or 34.35 into the sidewalk area and shall yield the right-of-way to any 34.36 pedestrian and all other traffic on the sidewalk. 35.1 Sec. 35. [169D.79] [GENERAL DUTY OF CARE TO PEDESTRIANS 35.2 AND BICYCLISTS.] 35.3 Notwithstanding the duties of pedestrians and bicyclists, 35.4 every driver of a vehicle shall: 35.5 (1) exercise due care to avoid colliding with any bicycle 35.6 or pedestrian upon any roadway; and 35.7 (2) give an audible signal when necessary and exercise 35.8 proper precaution upon observing any child or any obviously 35.9 confused or incapacitated person upon a roadway. 35.10 OTHER TRAFFIC RULES 35.11 Sec. 36. [169D.81] [OPENING AND CLOSING VEHICLE DOORS.] 35.12 No person shall: 35.13 (a) open any door on a motor vehicle unless and until it is 35.14 reasonably safe to do so and can be done without interfering 35.15 with the movement of other traffic; or 35.16 (b) allow any door on the side of a vehicle adjacent to 35.17 moving traffic to remain open for a period of time longer than 35.18 necessary to load or unload passengers. 35.19 Sec. 37. [169D.83] [SWINGING GATES; TAILGATES.] 35.20 Subdivision 1. [SWINGING GATE.] No truck shall be operated 35.21 on any highway with gate, loading rack, or partition carried in 35.22 any manner on any part of the exterior of the truck, unless the 35.23 top and bottom of the gate, loading rack or partition is 35.24 securely attached to the truck, so as to prevent swinging or 35.25 becoming loose. 35.26 Subd. 2. [TAILGATE.] No truck shall be driven or parked on 35.27 any highway with tailgate or tailboard hanging down or 35.28 projecting from the vehicle except while the vehicle is being 35.29 loaded or unloaded, and except when a load on the tailboard 35.30 renders impossible the closing of the tailboard. 35.31 Sec. 38. [169D.85] [HITCHING OR CLINGING TO VEHICLE.] 35.32 Persons riding upon any bicycle, coaster, roller skates, 35.33 toboggan, sled, skateboard, toy vehicle, or similar device shall 35.34 not attach the same or themselves to any motor vehicle or 35.35 vehicle attached to a motor vehicle upon a roadway. 35.36 Sec. 39. [169D.87] [OBSTRUCTING DRIVER'S VIEW.] 36.1 Subdivision 1. [DRIVING WITH LOAD OBSTRUCTION.] No person 36.2 shall drive a vehicle when it is so loaded, or when there are in 36.3 the front seat such number of persons, exceeding three, as to 36.4 obstruct the driver's view to the front or sides of the vehicle 36.5 or as to interfere with the driver's control over the driving 36.6 mechanism of the vehicle. 36.7 Subd. 2. [PASSENGER OBSTRUCTING DRIVER'S VIEW.] No 36.8 passenger in a vehicle or street car shall ride in such position 36.9 as to: 36.10 (a) interfere with the driver's view ahead or to the sides; 36.11 or 36.12 (b) interfere with the driver's control over the driving 36.13 mechanism of the vehicle or street car. 36.14 Sec. 40. [169D.89] [COASTING.] 36.15 Subdivision 1. [COASTING IN NEUTRAL.] The driver of any 36.16 motor vehicle when traveling upon a down grade shall not coast 36.17 with the gears of the vehicle in neutral. 36.18 Subd. 2. [COMMERCIAL DRIVER COASTING WITH CLUTCH 36.19 DISENGAGED.] The driver of a commercial motor vehicle when 36.20 traveling upon a downgrade shall not coast with the clutch 36.21 disengaged. 36.22 ARTICLE 2 36.23 SCHOOL BUS SAFETY 36.24 GENERALLY 36.25 Section 1. [169E.03] [STATE SCHOOL BUS SAFETY 36.26 ADMINISTRATION.] 36.27 Subdivision 1. [RESPONSIBILITY; DEPARTMENT OF PUBLIC 36.28 SAFETY.] The department has the primary responsibility for 36.29 school transportation safety. To oversee school transportation 36.30 safety, the commissioner shall establish a school bus safety 36.31 advisory committee according to subdivision 2. The commissioner 36.32 or the commissioner's designee shall serve as state director of 36.33 pupil transportation according to subdivision 3. 36.34 Subd. 2. [SCHOOL BUS SAFETY ADVISORY COMMITTEE.] (a) The 36.35 commissioner shall establish the school bus safety advisory 36.36 committee. The commissioner shall provide the committee with 37.1 meeting space and clerical support. The commissioner or the 37.2 commissioner's designee shall chair the committee. The members 37.3 of the committee also shall include: 37.4 (1) the commissioner of children, families, and learning or 37.5 the commissioner's designee; 37.6 (2) the commissioner of human rights or the commissioner's 37.7 designee; 37.8 (3) a county or city attorney; 37.9 (4) a representative of the state patrol; 37.10 (5) a school board member; 37.11 (6) a school superintendent; 37.12 (7) two school bus drivers, one representing the 37.13 metropolitan area and one representing greater Minnesota; 37.14 (8) two school transportation contractors, one representing 37.15 the metropolitan areas and one representing greater Minnesota; 37.16 (9) two school transportation safety directors, one 37.17 representing the metropolitan area and one representing greater 37.18 Minnesota; and 37.19 (10) five public members, including at least four parents 37.20 of children who ride a school bus, among them a parent of a 37.21 child with a disability. The public members shall be 37.22 geographically representative. 37.23 (b) The commissioner, in consultation with the commissioner 37.24 of children, families, and learning, shall appoint the members 37.25 listed in paragraph (a), clauses (3) to (9). The governor shall 37.26 appoint the public members in paragraph (a), clause (10). 37.27 Terms, compensation, and removal of committee members shall be 37.28 according to section 15.059. The committee shall meet quarterly 37.29 or as required by the chair. 37.30 (c) The duties of the committee shall include: 37.31 (1) an annual report by January 15 to the governor and the 37.32 education committees of the legislature, including 37.33 recommendations for legislative action when needed, on student 37.34 bus safety education, school bus equipment requirements and 37.35 inspection, bus driver licensing, training, and qualifications, 37.36 bus operation procedures, student behavior and discipline, rules 38.1 of the road, school bus safety education for the public, or any 38.2 other aspects of school transportation safety the committee 38.3 considers appropriate; 38.4 (2) a quarterly review of all school transportation 38.5 accidents, crimes, incidents of serious misconduct, incidents 38.6 that result in serious personal injury or death, and bus driver 38.7 dismissals for cause; and 38.8 (3) periodic review of school district comprehensive 38.9 transportation safety policies. 38.10 Subd. 3. [PUPIL TRANSPORTATION SAFETY DIRECTOR.] (a) The 38.11 commissioner or the commissioner's designee shall serve as pupil 38.12 transportation safety director. 38.13 (b) The duties of the pupil transportation safety director 38.14 shall include: 38.15 (1) overseeing all department activities related to school 38.16 bus safety; 38.17 (2) assisting in the development, interpretation, and 38.18 implementation of laws and policies relating to school bus 38.19 safety; 38.20 (3) supervising preparation of the school bus inspection 38.21 manual; 38.22 (4) in conjunction with the department of children, 38.23 families, and learning, assisting school districts in developing 38.24 and implementing comprehensive transportation policies; and 38.25 (5) providing information requested by the school bus 38.26 safety advisory committee. 38.27 Sec. 2. [169E.05] [SCHOOL BUS IDENTIFICATION.] 38.28 Subdivision 1. [IDENTIFICATION AND SIGNAL REQUIREMENTS, 38.29 GENERALLY.] For purposes of sections 169E.05 to 169E.31, school 38.30 bus means a motor vehicle that is outwardly equipped and 38.31 identified as a school bus. A motor vehicle that satisfies the 38.32 identification requirements of this section and the signal 38.33 equipment requirements of section 169E.07 is considered 38.34 outwardly equipped and identified as a school bus. 38.35 Subd. 2. [HEAD START BUSES; COLOR; IDENTIFICATION.] (a) A 38.36 Head Start bus is exempt from the color requirements of this 39.1 chapter. 39.2 (b) A type A, B, C, or D Head Start bus must bear on its 39.3 front and rear a plainly visible sign containing the words "Head 39.4 Start bus" in letters at least eight inches in height. 39.5 Subd. 3. [SIGN ON BUS; APPLICATION OF OTHER LAW.] (a) 39.6 Sections 169E.11, subdivision 2, and 169E.21, subdivisions 1, 4, 39.7 and 5, apply only if the school bus bears on its front and rear 39.8 a plainly visible sign containing the words "school bus" in 39.9 letters at least eight inches in height. 39.10 (b) Except as provided in section 169E.11, subdivision 7, 39.11 the sign must be removed or covered when the vehicle is being 39.12 used as other than a school bus. 39.13 Subd. 4. ["MN" DESIGNATION IN BUS BODY SERIAL 39.14 NUMBER.] School bus bodies manufactured after December 31, 1991, 39.15 and Head Start bus bodies manufactured after December 31, 1994, 39.16 and used on streets and highways in Minnesota must bear the 39.17 designation "MN" within the bus body identification number. The 39.18 "MN" designation may be made only by the manufacturer and must 39.19 not be located on either end of the bus body identification 39.20 number. The manufacturer of the school bus body certifies by 39.21 the "MN" designation that the bus body has been manufactured to 39.22 meet the minimum standards required of school bus bodies and 39.23 Head Start bus bodies by law. A school bus body manufactured 39.24 before January 1, 1992, that does not bear a current inspection 39.25 sticker on July 1, 1992, may not be used on streets and highways 39.26 in Minnesota after July 1, 1992, unless its manufacturer 39.27 recertifies that the school bus body meets minimum standards 39.28 required of school bus bodies by law. 39.29 Subd. 5. [OPTIONAL MARKINGS; RULES.] A school district may 39.30 elect to show on the front and rear of the school buses that it 39.31 owns or contracts for, a plainly visible, summary message 39.32 explaining sections 169E.21, subdivision 1, 169E.213, and 39.33 169E.215. If the school district elects to display the message, 39.34 it must conform with the rules of the commissioner of children, 39.35 families, and learning. The commissioner shall adopt rules 39.36 governing the size, type, design, display, and content of the 40.1 summary message that may be shown. 40.2 Sec. 3. [169E.07] [SCHOOL BUS SIGNALS.] 40.3 Subdivision 1. [SIGNALS REQUIRED.] A type A, B, C, or D 40.4 school bus must be equipped with a stop signal arm, prewarning 40.5 flashing amber signals, and flashing red signals. 40.6 Subd. 2. [OPTIONAL WARNING SYSTEM.] In addition to 40.7 equipment required under subdivision 1, and notwithstanding 40.8 section 169F.39, a school bus may be equipped with a 40.9 driver-activated, exterior student-control, warning system. The 40.10 driver shall activate this system when the use of the stop 40.11 signal arm and flashing red signals is required under section 40.12 169E.11, subdivision 1. 40.13 Subd. 3. [WHITE STROBE LAMPS ON CERTAIN BUSES TRANSPORTING 40.14 CHILDREN.] (a) Notwithstanding sections 169F.23, subdivision 1; 40.15 169F.27, subdivision 3, paragraph (b), or other law to the 40.16 contrary, a school bus that is subject to and complies with the 40.17 equipment requirements of subdivision 1 and section 169E.05, 40.18 subdivision 1, or a Head Start bus that is not a type III bus 40.19 defined in section 169A.05, subdivision 103, may be equipped 40.20 with a 360-degree, flashing strobe lamp that emits a white light 40.21 with a flash rate of 60 to 120 flashes a minute. The lamp may 40.22 be used only as provided in this subdivision. 40.23 (b) The strobe lamp must be of a double flash type 40.24 certified to the commissioner by the manufacturer as being 40.25 weatherproof and having a minimum effective light output of 200 40.26 candelas as measured by the Blondel-Rey formula. The lamp must 40.27 be permanently mounted on the longitudinal center line of the 40.28 bus roof not less than two feet nor more than seven feet forward 40.29 of the rear roof edge. It must operate from a separate switch 40.30 containing an indicator lamp to show when the strobe lamp is in 40.31 use. 40.32 (c) The strobe lamp may be lighted only when atmospheric 40.33 conditions or terrain restrict the visibility of school bus 40.34 lamps and signals or Head Start bus lamps and signals so as to 40.35 require use of the bright strobe lamp to alert motorists to the 40.36 presence of the school bus or Head Start bus. A strobe lamp may 41.1 not be lighted unless the school bus or Head Start bus is 41.2 actually being used as a school bus or Head Start bus. 41.3 Sec. 4. [169E.11] [SAFETY OF SCHOOL CHILDREN; BUS DRIVER'S 41.4 DUTIES.] 41.5 Subdivision 1. [USING BUS SIGNALS.] (a) A driver of a 41.6 school bus shall activate the prewarning flashing amber signals 41.7 of the bus before stopping to load or unload school children. 41.8 The driver shall activate and continuously operate the amber 41.9 signals for a distance of at least 100 feet before stopping in a 41.10 speed zone of 35 miles per hour or less and at least 300 feet 41.11 before stopping in a speed zone of more than 35 miles per hour. 41.12 On stopping for this purpose, the driver shall extend the stop 41.13 signal arm and activate the flashing red signals. The driver 41.14 shall not retract the stop signal arm nor extinguish the 41.15 flashing red signals until loading or unloading is completed, 41.16 students are seated, and children who must cross the roadway are 41.17 safely across. 41.18 (b) The prewarning flashing amber signals shall be used 41.19 only in preparation for a stop to load or unload school children. 41.20 Subd. 2. [USE OF STOP SIGNAL ARM.] (a) The stop signal arm 41.21 of a school bus must be used in conjunction with the flashing 41.22 red signals only when the school bus is stopped on a street or 41.23 highway to load or unload school children. 41.24 (b) A local authority, including the governing body of an 41.25 Indian tribe, may by ordinance require that a school bus 41.26 activate the stop signal arm and flashing red signals while 41.27 stopped to unload school children at a location other than a 41.28 location on a street or highway. The ordinance must designate 41.29 each location where the requirement is imposed. The requirement 41.30 is effective only if the local authority has erected signs at or 41.31 near the location to provide adequate notice that other vehicles 41.32 are required to obey section 169E.21, subdivision 1, when those 41.33 signals are activated. 41.34 Subd. 3. [WHEN SIGNALS NOT USED.] School bus drivers shall 41.35 not activate the prewarning flashing amber signals or flashing 41.36 red signals and shall not use the stop arm signal: 42.1 (a) in special school bus loading areas where the bus is 42.2 entirely off the traveled portion of the roadway and where no 42.3 other motor vehicle traffic is moving or is likely to be moving 42.4 within 20 feet of the bus; 42.5 (b) when directed not to do so by the local school 42.6 administrator; 42.7 (c) when a school bus is being used on a street or highway 42.8 for purposes other than the actual transportation of school 42.9 children to or from school or a school-approved activity, except 42.10 as provided in subdivision 7; 42.11 (d) at railroad grade crossings; and 42.12 (e) when loading and unloading people while the bus is 42.13 completely off the traveled portion of a separated, one-way 42.14 roadway that has adequate shoulders. The driver shall drive the 42.15 bus completely off the traveled portion of this roadway before 42.16 loading or unloading people. 42.17 Subd. 4. [STREET CROSSINGS.] Where school children must 42.18 cross a roadway before getting on or after getting off the 42.19 school bus, the driver of the school bus or a school bus patrol 42.20 may supervise the crossing, using the standard school patrol 42.21 flag or signal as approved and prescribed by the commissioner. 42.22 Before moving the school bus, the driver of the bus shall 42.23 visually determine that all children have crossed the roadway 42.24 and that those who are to do so have boarded the school bus. 42.25 Subd. 5. [MOVING BUS AFTER CHILDREN UNLOADED.] When 42.26 children are getting off a school bus or Head Start bus, the 42.27 driver shall visually determine that they are a safe distance 42.28 from the bus before moving the bus. 42.29 Subd. 6. [TYPE III BUSES.] The driver of a type III school 42.30 bus or type III Head Start bus shall load or unload school 42.31 children or Head Start passengers only from the right-hand side 42.32 of the vehicle, provided that on a one-way street the driver 42.33 shall load or unload school children or Head Start passengers 42.34 only from the curb side of the vehicle. When loading or 42.35 unloading school children or Head Start passengers, the driver 42.36 shall activate the vehicle's four-way hazard lights described in 43.1 section 169F.29, subdivision 4. 43.2 Subd. 7. [USE FOR RECREATIONAL OR EDUCATIONAL ACTIVITY.] A 43.3 school bus that transports over regular routes and on regular 43.4 schedules persons age 18 or under to and from a regularly 43.5 scheduled recreational or educational activity must comply with 43.6 subdivision 1. Notwithstanding section 169E.05, subdivision 3, 43.7 a school bus may provide this transportation only if: 43.8 (a) the "school bus" sign is plainly visible; 43.9 (b) the school bus has a valid certificate of inspection 43.10 under section 169E.51; 43.11 (c) the driver of the school bus possesses a driver's 43.12 license with a valid school bus endorsement under section 43.13 169J.23; and 43.14 (d) the entity that organizes the recreational or 43.15 educational activity, or the contractor who provides the school 43.16 buses to the entity, consults with the superintendent of the 43.17 school district in which the activity is located or the 43.18 superintendent's designee on the safety of the regular routes 43.19 used. 43.20 Sec. 5. [169E.115] [SECOND DEGREE MISDEMEANOR SCHOOL BUS 43.21 DRIVER VIOLATION.] 43.22 A person who violates section 169E.11 is guilty of a second 43.23 degree misdemeanor. 43.24 VIOLATIONS BY PERSONS OTHER THAN BUS DRIVERS 43.25 Sec. 6. [169E.21] [SAFETY OF SCHOOL CHILDREN; DUTIES OF 43.26 OTHER DRIVERS.] 43.27 Subdivision 1. [CHILDREN GETTING ON OR OFF SCHOOL BUS.] (a) 43.28 When a school bus is stopped on a street or highway, or other 43.29 location where signs have been erected under section 169E.11, 43.30 subdivision 2, paragraph (b), and is displaying an extended stop 43.31 signal arm and flashing red lights, the driver of a vehicle 43.32 approaching the bus shall stop the vehicle at least 20 feet away 43.33 from the bus if the bus driver has complied with section 43.34 169E.11, subdivision 1. 43.35 (b) The vehicle driver shall not allow the vehicle to move 43.36 until the school bus stop signal arm is retracted and the red 44.1 lights are no longer flashing. 44.2 Subd. 2. [EXCEPTION FOR SEPARATED ROADWAY.] (a) A person 44.3 driving a vehicle on a street or highway with separated roadways 44.4 is not required to stop the vehicle when approaching or meeting 44.5 a school bus that is on a different roadway. 44.6 (b) "Separated roadway" means a road that is separated from 44.7 a parallel road by a safety isle or safety zone. 44.8 Subd. 3. [CAUSE FOR ARREST.] A peace officer may arrest 44.9 the driver of a motor vehicle if the peace officer has probable 44.10 cause to believe that the driver has operated the vehicle in 44.11 violation of subdivision 1 within the past four hours. 44.12 Subd. 4. [EVIDENTIARY PRESUMPTIONS.] (a) There is a 44.13 rebuttable presumption that signals described in section 169E.07 44.14 were in working order and operable when a violation of 44.15 subdivision 1 was allegedly committed, if the signals of the 44.16 applicable school bus were inspected and visually found to be in 44.17 working order and operable within 12 hours preceding the 44.18 incident giving rise to the violation. 44.19 (b) There is a rebuttable presumption that a motor vehicle 44.20 outwardly equipped and identified as a school bus satisfies all 44.21 of the identification and equipment requirements of section 44.22 169E.05 when a violation of subdivision 1 was allegedly 44.23 committed, if the applicable school bus bears a current 44.24 inspection certificate issued under section 169E.51. 44.25 Subd. 5. [SCHEDULING CASES.] When necessary or desirable 44.26 to ensure that a school bus driver who witnessed or otherwise 44.27 can provide relevant information concerning a violation of this 44.28 section is available to be present at a court proceeding held to 44.29 determine an alleged violation of this section, the court 44.30 administrator shall schedule the proceeding to be held between 44.31 the hours of 10:00 a.m. and 2:00 p.m. 44.32 Sec. 7. [169E.213] [FIRST DEGREE MISDEMEANOR SCHOOL BUS 44.33 SAFETY VIOLATION BY OTHER DRIVER.] 44.34 A person is guilty of a first degree misdemeanor if the 44.35 person fails to stop a motor vehicle or to keep it stopped, as 44.36 required in section 169E.21, subdivision 1, and commits either 45.1 or both of the following acts: 45.2 (a) passes or attempts to pass the school bus in a motor 45.3 vehicle on the right-hand, passenger-door side of the bus; or 45.4 (b) passes or attempts to pass the school bus in a motor 45.5 vehicle when a school child is outside of and on the street or 45.6 highway used by the school bus or on the adjacent sidewalk. 45.7 Sec. 8. [169E.215] [SECOND DEGREE MISDEMEANOR SCHOOL BUS 45.8 SAFETY VIOLATION BY OTHER DRIVER.] 45.9 Except as provided in section 169E.213, a person who fails 45.10 to stop a vehicle or to keep it stopped, as required in section 45.11 169E.21, subdivision 1, is guilty of a second degree misdemeanor. 45.12 In addition to any sentence of incarceration that the court may 45.13 impose, the court shall impose a fine of not less than $300. 45.14 Sec. 9. [169E.219] [INFRACTION LIABILITY OF OWNER OR 45.15 LESSEE FOR SCHOOL BUS SAFETY VIOLATION.] 45.16 Subdivision 1. [PENALTY.] If a motor vehicle is operated 45.17 in violation of section 169E.21, subdivision 1, the owner of the 45.18 vehicle, or for a leased motor vehicle the lessee of the 45.19 vehicle, is guilty of an infraction. 45.20 Subd. 2. [WHEN OWNER OR LESSEE NOT LIABLE.] The owner or 45.21 lessee may not be fined under subdivision 1 if: 45.22 (1) another person is convicted for that violation; or 45.23 (2) the motor vehicle was stolen at the time of the 45.24 violation. 45.25 Subd. 3. [WHEN LESSOR NOT LIABLE.] Subdivision 1 does not 45.26 apply to a lessor of a motor vehicle if the lessor keeps a 45.27 record of the name and address of the lessee. 45.28 Subd. 4. [NO LIMIT ON PROSECUTING OPERATOR.] Subdivision 1 45.29 does not prohibit or limit the prosecution of a motor vehicle 45.30 operator for violating section 169E.21. 45.31 Subd. 5. [NO REVOCATION OR SUSPENSION.] A violation under 45.32 subdivision 1 does not constitute grounds for revocation or 45.33 suspension of the owner's or lessee's driver's license. 45.34 SCHOOL CHILDREN SAFETY 45.35 Sec. 10. [169E.25] [COOPERATION WITH LAW ENFORCEMENT; 45.36 INFORMATION; RULES; REPORTS.] 46.1 Subdivision 1. [COOPERATION OF SCHOOL AUTHORITIES.] The 46.2 commissioner shall ensure that local authorities having 46.3 jurisdiction over school buses shall cooperate with law 46.4 enforcement and judicial authorities in reporting and 46.5 prosecuting violators of sections 169E.11 and 169E.21. 46.6 Subd. 2. [INFORMATION; RULES.] The commissioner shall 46.7 compile information regarding violations, prosecutions, 46.8 convictions or other disposition, and penalties imposed under 46.9 sections 169E.11 and 169E.21. At the request of the 46.10 commissioner, local school authorities shall provide this 46.11 information. The commissioner may adopt rules governing the 46.12 content and providing procedures for the school authorities to 46.13 provide this information. 46.14 Sec. 11. [169E.27] [SAFETY OF SCHOOL CHILDREN; TRAINING 46.15 AND EDUCATION RULES.] 46.16 Subdivision 1. [PEACE OFFICER TRAINING.] The board of 46.17 peace officer standards and training shall include sections 46.18 169E.05 to 169E.33 and the enforcement of sections 169E.11, 46.19 169E.29, and 169E.31 in the instruction for the professional 46.20 peace officer education program. The board shall notify the 46.21 chief law enforcement officer of each law enforcement agency in 46.22 the state of these sections. 46.23 Subd. 2. [PRIVATE SCHOOL AND COMMERCIAL DRIVER EDUCATION 46.24 PROGRAMS.] The commissioner shall adopt rules requiring thorough 46.25 instruction concerning section 169E.21 for persons enrolled in 46.26 driver education programs offered at private and parochial 46.27 schools and commercial driver education schools. The 46.28 instruction must encompass at least the responsibilities of 46.29 drivers, the content and requirements of section 169E.21, and 46.30 the penalties for violating that section. 46.31 Subd. 3. [PUBLIC SCHOOL DRIVER EDUCATION PROGRAMS.] The 46.32 commissioner shall adopt rules requiring thorough instruction 46.33 concerning section 169E.21 for persons enrolled in driver 46.34 education programs offered at public schools. The instruction 46.35 must encompass at least the responsibilities of drivers, the 46.36 content and requirements of section 169E.21, and the penalties 47.1 for violating that section. 47.2 Sec. 12. [169E.29] [SCHOOL BUS AND HEAD START BUS SAFETY.] 47.3 Subdivision 1. [PASSENGER SEATING.] (a) The number of 47.4 pupils or other authorized passengers transported in a school 47.5 bus or Head Start bus must not be more than the number of pupils 47.6 or passengers that can be fully seated. Seating capacity must 47.7 be adjusted according to each passenger's individual physical 47.8 size, but not more than the manufacturers' rated seating 47.9 capacity. 47.10 (b) No person shall stand in the school bus or Head Start 47.11 bus when the bus is in motion. 47.12 Subd. 2. [DRIVER SEAT BELTS.] New school buses and Head 47.13 Start buses manufactured after December 31, 1994, must be 47.14 equipped with driver seat belts and seat belt assemblies of the 47.15 type described in section 169F.51, subdivision 3. School bus 47.16 drivers and Head Start bus drivers must use these seat belts. 47.17 Subd. 3. [AISLE AND EXIT.] The driver of a school bus or 47.18 Head Start bus shall keep the aisle and emergency exit of a 47.19 school bus or Head Start bus unobstructed at all times when 47.20 children are being transported. 47.21 Subd. 4. [TRAILER BEHIND SCHOOL BUS.] A school bus may 47.22 pull a trailer, as defined by section 169A.05, only when 47.23 traveling to or from cocurricular or extracurricular activities, 47.24 as defined in section 123.38. 47.25 Subd. 5. [OVERHEAD BOOK RACKS.] Types A, B, C, and D 47.26 school buses may be equipped with padded, permanent overhead 47.27 book racks that do not hang over the center aisle of the bus. 47.28 BUS REQUIREMENTS 47.29 Sec. 13. [169E.31] [OTHER BUSES.] 47.30 Subdivision 1. [RESTRICTIONS ON APPEARANCE; PENALTY.] (a) 47.31 A bus that is not used as a school bus may not be operated on a 47.32 street or highway unless it is painted a color significantly 47.33 different than national school bus glossy yellow or Minnesota 47.34 school bus golden orange. 47.35 (b) A bus that is not used as a school bus or Head Start 47.36 bus may not be operated if it is equipped with school bus or 48.1 Head Start bus-related equipment and printing. 48.2 (c) This subdivision does not apply to a school bus owned 48.3 by or under contract to a school district operated as a charter 48.4 or leased bus. 48.5 Subd. 2. [HEAD START VEHICLES.] Notwithstanding 48.6 subdivision 1, a vehicle used to transport passengers under 48.7 Public Law Number 99-425, the Head Start Act, may be equipped as 48.8 a school bus or Head Start bus. 48.9 Sec. 14. [169E.315] [THIRD DEGREE MISDEMEANOR BUS 48.10 APPEARANCE VIOLATION.] 48.11 Whoever violates section 169E.31, subdivision 1, is guilty 48.12 of a third degree misdemeanor. 48.13 Sec. 15. [169E.33] [SCHOOL DISTRICT NOT TO OWN OR OPERATE 48.14 MOTOR COACH.] 48.15 A school district may not own or operate a motor coach for 48.16 any purpose. 48.17 Sec. 16. [169E.35] [SCHOOL BUS OPERATIONS.] 48.18 Subdivision 1. [RULES.] The commissioner, in consultation 48.19 with the school bus safety advisory committee, shall adopt rules 48.20 governing the operation of school buses used for transportation 48.21 of school children, when owned or operated by a school or 48.22 privately owned and operated under a contract with a school, and 48.23 these rules must be made a part of that contract by reference. 48.24 Each school, its officers and employees, and each person 48.25 employed under the contract is subject to these rules. 48.26 Subd. 2. [VIOLATION.] It is unlawful to operate a school 48.27 bus on a public street or highway in violation of a rule 48.28 concerning the operation of school buses adopted by the 48.29 commissioner under subdivision 1. 48.30 Subd. 3. [ENFORCEMENT.] The state patrol shall enforce 48.31 rules adopted under subdivision 1 when a school bus is operated 48.32 on a public street or highway. 48.33 Sec. 17. [169E.355] [THIRD DEGREE MISDEMEANOR OPERATION OF 48.34 SCHOOL BUS IN VIOLATION OF COMMISSIONER'S RULES.] 48.35 Whoever violates section 169E.35, subdivision 2, is guilty 48.36 of a third degree misdemeanor. 49.1 Sec. 18. [169E.41] [SCHOOL BUS EQUIPMENT STANDARDS.] 49.2 Subdivision 1. [NATIONAL STANDARDS ADOPTED.] Except as 49.3 provided in sections 169E.43 and 169E.45, the construction, 49.4 design, equipment, and color of types A, B, C, and D school 49.5 buses used for the transportation of school children shall meet 49.6 the requirements of the "bus chassis standards" and "bus body 49.7 standards" in the 1990 revised edition of the "National 49.8 Standards for School Buses and Operations" adopted by the 49.9 Eleventh National Conference on School Transportation and 49.10 published by the National Safety Council. Except as provided in 49.11 section 169E.47, the construction, design, and equipment of 49.12 types A, B, C, and D school buses used for the transportation of 49.13 students with disabilities also shall meet the requirements of 49.14 the "specially equipped school bus standards" in the 1990 49.15 National Standards for School Buses and Operations. The "bus 49.16 chassis standards," "bus body standards," and "specially 49.17 equipped school bus standards" sections of the 1990 revised 49.18 edition of the "National Standards for School Buses and 49.19 Operations" are incorporated by reference in this chapter. 49.20 Subd. 2. [APPLICABILITY.] (a) The standards adopted in 49.21 this section and sections 169E.43 and 169E.45, govern the 49.22 construction, design, equipment, and color of school buses used 49.23 for the transportation of school children, when owned and 49.24 operated by a school or privately owned and operated under a 49.25 contract with a school, and these standards must be made a part 49.26 of that contract by reference. Each school, its officers and 49.27 employees, and each person employed under the contract is 49.28 subject to these standards. 49.29 (b) The standards apply to school buses manufactured after 49.30 December 31, 1994. Buses complying with these standards when 49.31 manufactured need not comply with standards established later 49.32 except as specifically provided for by law. 49.33 (c) A school bus manufactured on or before December 31, 49.34 1994, must conform to the Minnesota standards in effect on the 49.35 date the vehicle was manufactured except as specifically 49.36 provided for in law. 50.1 (d) A new bus body may be remounted on a used chassis 50.2 provided that the remounted vehicle meets state and federal 50.3 standards for new buses that are current at the time of the 50.4 remounting. Permission must be obtained from the commissioner 50.5 before the remounting is done. A used bus body may not be 50.6 remounted on a new or used chassis. 50.7 Subd. 3. [INSPECTION MANUAL.] The department shall develop 50.8 a school bus inspection manual based on the national standards 50.9 adopted in subdivision 1 and Minnesota standards adopted in 50.10 sections 169E.43 to 169E.47. The Minnesota state patrol shall 50.11 use the manual as the basis for inspecting buses as provided in 50.12 section 169E.51. When appropriate, the school bus safety 50.13 advisory committee shall recommend to the education committees 50.14 of the legislature modifications to the standards upon which the 50.15 school bus inspection manual is based. The department has no 50.16 rulemaking authority to alter the standards upon which school 50.17 buses are inspected. 50.18 Subd. 4. [VARIANCES.] The commissioner may grant a 50.19 variance to any of the school bus standards to accommodate 50.20 testing of new equipment related to school buses. A variance 50.21 from the standards must be for the sole purpose of testing and 50.22 evaluating new equipment for increased safety, efficiency, and 50.23 economy of pupil transportation. The variance expires 18 months 50.24 from the date on which it is granted unless the commissioner 50.25 specifies an earlier expiration date. The school bus safety 50.26 advisory committee shall annually review all variances that are 50.27 granted under this subdivision and consider whether to recommend 50.28 modifications to the Minnesota school bus equipment standards 50.29 based on the variances. 50.30 Sec. 19. [169E.43] [ADDITIONAL MINNESOTA SCHOOL BUS 50.31 CHASSIS STANDARDS.] 50.32 Subdivision 1. [RELATION TO NATIONAL STANDARDS.] The bus 50.33 chassis standards contained in this section are required in 50.34 addition to those required by section 169E.41. When a Minnesota 50.35 standard contained in this section conflicts with a national 50.36 standard adopted in section 169E.41, the Minnesota standard 51.1 contained in this section is controlling. 51.2 Subd. 2. [BRAKES.] The braking system must include an 51.3 emergency brake. The braking system must meet federal motor 51.4 vehicle safety standards in effect at the time of manufacture. 51.5 All buses manufactured with air brakes after January 1, 1995, 51.6 shall have automatic slack adjusters. 51.7 Subd. 3. [CERTIFICATION.] A chassis manufacturer shall 51.8 certify that the product meets Minnesota standards. No bus with 51.9 a certified manufacturing date prior to April 1, 1977, shall be 51.10 recertified as a school bus. 51.11 Subd. 4. [COLOR.] Fenders may be painted black. The hood 51.12 may be painted nonreflective black or nonreflective yellow. The 51.13 grill may be manufacturer's standard color or chrome. 51.14 Subd. 5. [ELECTRICAL SYSTEM; BATTERY.] (a) The storage 51.15 battery, as established by the manufacturer's rating, must be of 51.16 sufficient capacity to care for starting, lighting, signal 51.17 devices, heating, and other electrical equipment. In a bus with 51.18 a gas-powered chassis, the battery or batteries must provide a 51.19 minimum of 800 cold cranking amperes. In a bus with a 51.20 diesel-powered chassis, the battery or batteries must provide a 51.21 minimum of 1050 cold cranking amperes. 51.22 (b) In a type B bus with a gross vehicle weight rating of 51.23 15,000 pounds or more, and type C and D buses, the battery shall 51.24 be temporarily mounted on the chassis frame. The final location 51.25 of the battery and the appropriate cable lengths in these buses 51.26 must comply with the SBMI design objectives booklet. 51.27 (c) All batteries shall be mounted according to chassis 51.28 manufacturers' recommendations. 51.29 (d) In a type C bus, other than one powered by diesel fuel, 51.30 a battery providing at least 550 cold cranking amperes may be 51.31 installed in the engine compartment only if used in combination 51.32 with a generator or alternator of at least 120 amperes. 51.33 (e) A bus with a gross vehicle weight rating of 15,000 51.34 pounds or less may be equipped with a battery to provide a 51.35 minimum of 550 cold cranking amperes only if used in combination 51.36 with an alternator of at least 80 amperes. This paragraph does 52.1 not apply to those buses with wheelchair lifts or diesel engines. 52.2 Subd. 6. [ELECTRICAL SYSTEM; ALTERNATOR.] A bus must be 52.3 capable of providing enough current at 1400 rpms to provide a 52.4 positive charge to the battery with 80 percent of maximum load 52.5 with all lights and accessories on. A type B bus with a gross 52.6 vehicle weight rating of up to 15,000 pounds equipped with an 52.7 electrical power lift must have a minimum 100 ampere per hour 52.8 alternator. If not protected by a grommet, wiring passing 52.9 through holes must be encased in an abrasive-resistant 52.10 protective covering. 52.11 Subd. 7. [EXHAUST SYSTEM.] (a) The tailpipe must: 52.12 (1) extend to but not more than one inch beyond the bumper 52.13 and be mounted outside of the chassis frame rail; or 52.14 (2) extend to, but not more than one inch beyond, the left 52.15 side of the bus, behind the driver's compartment. 52.16 (b) A type A bus, and a type B bus with a gross vehicle 52.17 weight rating under 15,000 pounds, shall comply with the 52.18 manufacturer's standard. No exhaust pipe may exit beneath an 52.19 emergency exit, or, on a type C or type D bus, under the fuel 52.20 fill location. No exhaust pipe shall be reduced in size beyond 52.21 the muffler. 52.22 Subd. 8. [FRAME.] Installation of a trailer hitch is 52.23 permitted. A hitch shall be flush mounted. 52.24 Subd. 9. [FUEL TANK.] If mounted behind the rear wheels, 52.25 the fuel tank on a vehicle constructed with a power lift unit 52.26 shall be between the frame rails. Fuel tanks for a type A bus, 52.27 and for a type B bus with a gross vehicle weight rating under 52.28 15,000 pounds, may be manufacturer standard and must conform 52.29 with federal Motor Vehicle Safety Standard Number 301, Code of 52.30 Federal Regulations, title 49, part 571. 52.31 Subd. 10. [HORN.] A bus shall be equipped with a horn in 52.32 good working order and capable of emitting sound audible under 52.33 normal conditions from a distance of not less than 200 feet. 52.34 Subd. 11. [TIRES AND RIMS.] Radial and bias ply tires 52.35 shall not be used on the same axle. Front tire tread depth 52.36 shall not be less than 4/32 inch in any major tire tread 53.1 groove. Rear tire tread shall not be less than 2/32 inch. 53.2 Tires must be measured in three locations around the tire, in 53.3 two adjoining grooves. No recapped tires shall be used on the 53.4 front wheels. Recapped tires are permitted on the rear wheels. 53.5 Subd. 12. [TRANSMISSION.] The transmission shifting 53.6 pattern must be permanently displayed in the driver's full view. 53.7 Sec. 20. [169E.45] [ADDITIONAL MINNESOTA SCHOOL BUS BODY 53.8 STANDARDS.] 53.9 Subdivision 1. [RELATION TO NATIONAL STANDARDS.] The bus 53.10 body standards contained in this section are required in 53.11 addition to those required by sections 169E.41 and 169E.43. 53.12 When a Minnesota standard contained in this section conflicts 53.13 with a national standard adopted in section 169E.41, the 53.14 Minnesota standard contained in this section is controlling. 53.15 Subd. 2. [BACKUP WARNING ALARM.] A spring-loaded button in 53.16 the driver's compartment that will temporarily disable the 53.17 backup alarm is allowed for usage in school bus overnight 53.18 parking lots and repair facilities. 53.19 Subd. 3. [BUMPER; FRONT.] On a type D school bus, the 53.20 bumper shall conform to federal motor vehicle safety standards. 53.21 Subd. 4. [CERTIFICATION.] A body manufacturer shall 53.22 certify that the product meets Minnesota standards. 53.23 Subd. 5. [COLOR.] Fenderettes may be black. The beltline 53.24 may be painted yellow over black or black over yellow. The rub 53.25 rails shall be black. The reflective material on the sides of 53.26 the bus body shall be at least one inch but not more than two 53.27 inches in width. This reflective material requirement and the 53.28 requirement that "SCHOOL BUS" signs have reflective material as 53.29 background are effective for buses manufactured after January 1, 53.30 1996. 53.31 Subd. 6. [COMMUNICATIONS.] All buses manufactured after 53.32 January 1, 1995, shall have a two-way voice communications 53.33 system. 53.34 Subd. 7. [CONSTRUCTION.] The metal floor shall be covered 53.35 with plywood. The plywood shall be at least 19/32 inches thick, 53.36 and must equal or exceed properties of exterior-type softwood 54.1 plywood, grade C-D, as specified in product standard PSI-I83 54.2 issued by the United States Department of Commerce. The floor 54.3 shall be level from front to back, and side to side, except in 54.4 wheel housing, toe board, and driver's seat platform areas. 54.5 Subd. 8. [DEFROSTERS.] Except as provided in this 54.6 subdivision, defrosters and two auxiliary fans must direct a 54.7 sufficient flow of heated air and shall be of sufficient 54.8 capacity to keep the windshield, window to the left of the 54.9 driver, and glass in the entrance door clear of fog, frost, and 54.10 snow. A type A or type B bus with a gross vehicle weight rating 54.11 under 15,000 pounds may be equipped with one auxiliary fan. 54.12 Subd. 9. [DOORS; SERVICE DOOR.] A type B bus with a gross 54.13 vehicle weight rating of 15,000 pounds or over may not have a 54.14 door to the left of the driver. A type B bus with a gross 54.15 vehicle weight rating under 15,000 pounds may be equipped with 54.16 chassis manufacturer's standard door. 54.17 Subd. 10. [EMERGENCY EQUIPMENT; FIRE EXTINGUISHERS.] The 54.18 fire extinguisher must have at least a 10BC rating. 54.19 Subd. 10a. [EMERGENCY EQUIPMENT; FIRST AID KITS.] A first 54.20 aid kit, and a body fluids cleanup kit is required regardless of 54.21 the age of the vehicle. They must be contained in removable, 54.22 moisture-proof and dust-proof containers mounted in an 54.23 accessible place within the driver's compartment of the school 54.24 bus and must be marked to indicate their identity and location. 54.25 Subd. 11. [EMERGENCY EQUIPMENT; WARNING DEVICES.] A 54.26 flashlight with a minimum of two "C" batteries shall be included 54.27 as part of the emergency equipment. Each bus equipped with seat 54.28 belts for pupil passengers shall contain a seat belt cutter for 54.29 use in emergencies. The belt cutter must be designed to 54.30 eliminate the possibility of injury during use, and must be 54.31 secured in a safe location. 54.32 Subd. 12. [HEATERS.] The heating system shall be capable 54.33 of maintaining the temperature throughout the bus of not less 54.34 than 50 degrees Fahrenheit during average minimum January 54.35 temperature as established by the United States Department of 54.36 Commerce. In a bus with a combustion heater, the heater must be 55.1 installed by the body manufacturer, by an authorized dealer or 55.2 authorized garage, or by a mechanic trained in the procedure. 55.3 Subd. 13. [IDENTIFICATION.] (a) Each bus shall, in the 55.4 beltline, identify the school district serviced, or company 55.5 name, or owner of the bus. Numbers necessary for identification 55.6 must appear on the sides and rear of the bus. Symbols or 55.7 letters may be used on the outside of the bus near the entrance 55.8 door for student identification. A manufacturer's nameplate may 55.9 be placed on the side of the bus near the entrance door and on 55.10 the rear. 55.11 (b) All buses sold must display lettering "Unlawful to pass 55.12 when red lights are flashing" on the rear of the bus. The 55.13 lettering shall be in two-inch black letters on school bus 55.14 yellow background. This message shall be displayed directly 55.15 below the upper window of the rear door. On rear engine buses, 55.16 it shall be centered at approximately the same location. Only 55.17 signs and lettering approved or required by state law may be 55.18 displayed. 55.19 Subd. 14. [INSULATION.] (a) Ceilings and wall shall be 55.20 insulated to a minimum of one and one-half inch fiberglass and 55.21 installed so the insulation does not compact or sag. Floor 55.22 insulation must be nominal 19/32 inches thick plywood, or a 55.23 material of equal or greater strength and insulation R value 55.24 that equals or exceeds properties of exterior-type softwood 55.25 plywood, C-D grade as specified in standard issued by the United 55.26 States Department of Commerce. Type A and B buses with a gross 55.27 vehicle weight rating under 15,000 pounds must have a minimum of 55.28 one-half inch plywood. All exposed edges on plywood shall be 55.29 sealed. Every school bus shall be constructed so that the noise 55.30 level taken at the ear of the occupant nearest to the primary 55.31 vehicle noise source shall not exceed 85 dba when tested 55.32 according to procedures in the 1990 national standards for 55.33 school buses and operations. 55.34 (b) The underside of metal floor may be undercoated with 55.35 polyurethane floor insulation, foamed in place. The floor 55.36 insulation must be combustion resistant. The authorization in 56.1 this paragraph does not replace the plywood requirement. 56.2 Subd. 15. [INTERIOR.] Interior speakers, except in the 56.3 driver's compartment, must not protrude more than one-half inch 56.4 from the mounting surface. 56.5 Subd. 16. [LAMPS AND SIGNALS.] (a) Each school bus shall 56.6 be equipped with a system consisting of four red signal lamps 56.7 designed to conform to SAE Standard J887, and four amber signal 56.8 lamps designed to that standard, except for color, and except 56.9 that their candlepower must be at least 2-1/2 times that 56.10 specified for red turn signal lamps. Both red and amber signal 56.11 lamps must be installed in accordance with SAE Standard J887, 56.12 except that each amber signal lamp must be located near each red 56.13 signal lamp, at the same level, but closer to the centerline of 56.14 the bus. The system must be wired so that the amber signal 56.15 lamps are activated only by hand operation, and if activated, 56.16 are automatically deactivated and the red signal lamps are 56.17 automatically activated when the bus entrance door is opened. 56.18 Signal lamps must flash alternately. Each signal lamp must 56.19 flash not less than 60 nor more than 120 flashes per minute. 56.20 The "on" period must be long enough to permit filament to come 56.21 up to full brightness. There must be a pilot lamp that goes on 56.22 when the respective amber or red system is activated. The pilot 56.23 lamp must either go out or flash at an alternate rate in the 56.24 event the system is not functioning normally. The signal lamp 56.25 system must include a closed control box. The box must be as 56.26 small as practical, and must be easily dismounted or partially 56.27 disassembled to provide access for maintenance purposes. The 56.28 control panel box shall be arranged such that the momentary 56.29 activating switch for the eight-lamp warning system shall be 56.30 located on the left, the red (or red and amber) pilot light 56.31 shall be located in the middle, and the eight-way master switch 56.32 shall be located on the right. The control box must be securely 56.33 mounted to the right of the steering wheel, within easy 56.34 unobstructed reach of the driver. Switches and pilot lamp must 56.35 be readily visible to the driver. The activating switch may be 56.36 self-illuminated. Other warning devices or lamp controls must 57.1 not be placed near the lamp control. The stop arm shall extend 57.2 automatically whenever the service entrance door is opened and 57.3 the eight-way lights are activated. 57.4 (b) If installed, a white flashing strobe shall be of a 57.5 double flash type and have minimum effective light output of 200 57.6 candelas. No roof hatch can be mounted behind the strobe light. 57.7 (c) Type B, C, and D buses shall have an amber clearance 57.8 lamp with a minimum of four candlepower mounted on the right 57.9 side of the body at approximately seat level rub rail height 57.10 just to the rear of the service door and another one at 57.11 approximately opposite the driver's seat on the left side. 57.12 These lamps are to be connected to operate only with the regular 57.13 turn signal lamps. 57.14 (d) All lamps on the exterior of the vehicle must conform 57.15 with and be installed as required by federal Motor Vehicle 57.16 Safety Standard Number 108, Code of Federal Regulations, title 57.17 49, part 571. 57.18 (e) A type A, B, C, or D school bus manufactured for use in 57.19 Minnesota after December 31, 1994, may not be equipped with red 57.20 turn signal lenses on the rear of the bus. 57.21 Subd. 17. [MIRRORS.] A type B bus with a gross vehicle 57.22 weight rating less than 15,000 pounds shall have a minimum of 57.23 six-inch by 16-inch mirror. A type B bus with a gross vehicle 57.24 weight rating over 15,000 pounds shall have a minimum of a 57.25 six-inch by 30-inch mirror. All school buses must be equipped 57.26 with a minimum of two crossover mirrors, mounted to the left and 57.27 right sides of the bus. 57.28 Subd. 18. [OVERALL WIDTH.] The overall width limit 57.29 excludes mirrors, mirror brackets, and the stop arm. 57.30 Subd. 19. [RUB RAILS.] There shall be one rub rail at the 57.31 base of the skirt of the bus on all type B, C, and D buses. 57.32 Subd. 20. [SEAT AND CRASH BARRIERS.] All restraining 57.33 barriers and passenger seats shall be covered with a material 57.34 that has fire retardant or fire block characteristics. All 57.35 seats must face forward. All seat and crash barriers must be 57.36 installed according to and conform to federal Motor Vehicle 58.1 Safety Standard Number 222, Code of Federal Regulations, title 58.2 49, part 571. 58.3 Subd. 21. [STOP SIGNAL ARM.] The stop signal arm shall be 58.4 installed near the front of the bus. 58.5 Subd. 22. [SUN SHIELD.] A type A bus and a type B bus with 58.6 a gross vehicle weight rating less than 15,000 pounds must be 58.7 equipped with the standard manufacturer's solid visor or a 58.8 six-inch by 16-inch sun shield. 58.9 Subd. 23. [WINDOWS.] The windshield and windows in the 58.10 entrance and rear emergency exit doors must be of approved 58.11 safety glass. Laminated or tempered glass (AS-2 or AS-3) is 58.12 permitted in all other windows. All glass shall be federally 58.13 approved and marked as provided in section 169F.75. The 58.14 windshield may be of uniform tint throughout or may have a 58.15 horizontal gradient band starting slightly above the line of 58.16 vision and gradually decreasing in light transmission to 20 58.17 percent or less at the top of the windshield. The use of tinted 58.18 glass, as approved by section 169F.61, is permitted on side 58.19 windows and rear windows except for the entrance door, the first 58.20 window behind the service door, and the window to the left of 58.21 the driver. The window to the left of the driver, the upper 58.22 service door windows, and the window immediately behind the 58.23 entrance door must be thermal glass. However, the window to the 58.24 left of the driver for type A and B buses with a gross vehicle 58.25 weight rating under 15,000 pounds need not be thermal glass. 58.26 Subd. 24. [WIRING.] If not protected by a grommet, wire 58.27 that passes through holes shall be encased in an 58.28 abrasive-resistant protective covering. If a master cutoff 58.29 switch is used, it shall not be wired as to kill power to the 58.30 electric brake system. 58.31 Sec. 21. [169E.47] [ADDITIONAL MINNESOTA STANDARDS FOR 58.32 SPECIALLY EQUIPPED SCHOOL BUSES.] 58.33 Subdivision 1. [RELATION TO NATIONAL STANDARDS.] The 58.34 specially equipped school bus standards contained in this 58.35 section are required in addition to those required by section 58.36 169E.41. When a Minnesota standard contained in this section 59.1 conflicts with a national standard adopted in section 169E.41, 59.2 the Minnesota standard contained in this section is controlling. 59.3 Subd. 2. [COMMUNICATIONS.] All vehicles used to transport 59.4 disabled students shall be equipped with a two-way communication 59.5 system. 59.6 Subd. 3. [RESTRAINING DEVICES.] Special restraining 59.7 devices such as shoulder harnesses, lap belts, and chest 59.8 restraint systems may be installed to the seats if the devices 59.9 do not require the alteration in any form of the seat, seat 59.10 cushion, framework, or related seat components. The restraints 59.11 must be for the sole purpose of restraining students with 59.12 disabilities. 59.13 Subd. 4. [SECUREMENT SYSTEM FOR MOBILE SEATING.] 59.14 Wheelchair securement devices must comply with all requirements 59.15 for wheelchair securement systems contained in federal 59.16 regulation in effect on the later of the date the bus was 59.17 manufactured or the date that a wheelchair securement system was 59.18 added to the bus. 59.19 Subd. 5. [AISLE WIDTH.] All school buses equipped with a 59.20 power lift shall provide at least a 12-inch aisle leading from 59.21 wheelchair position to at least one emergency door and the lift 59.22 area. 59.23 INSPECTIONS AND REPORTS 59.24 Sec. 22. [169E.51] [SCHOOL BUS AND HEAD START BUS 59.25 INSPECTION.] 59.26 Subdivision 1. [ANNUAL REQUIREMENT.] The Minnesota state 59.27 patrol shall inspect every school bus and every Head Start bus 59.28 annually to ascertain whether its construction, design, 59.29 equipment, and color comply with all provisions of law. 59.30 Subd. 2. [INSPECTION CERTIFICATE.] No person shall drive, 59.31 and no owner shall knowingly permit or cause to be driven, any 59.32 school bus or Head Start bus unless there is displayed thereon a 59.33 certificate issued by the commissioner stating that on a certain 59.34 date, which shall be within 13 months before the date of 59.35 operation, a member of the Minnesota state patrol inspected the 59.36 bus and found that on the date of inspection the bus complied 60.1 with the applicable provisions of state law relating to 60.2 construction, design, equipment, and color. 60.3 Subd. 3. [RULES OF COMMISSIONER.] (a) The commissioner 60.4 shall provide by rule for the issuance and display of 60.5 distinctive inspection certificates. 60.6 (b) The commissioner shall provide by rule a point system 60.7 for evaluating the effect on safety operation of any variance 60.8 from law detected during inspections conducted pursuant to 60.9 subdivision 1. 60.10 Subd. 4. [ENFORCEMENT.] The state patrol shall enforce 60.11 subdivision 2. 60.12 Subd. 5. [RANDOM SPOT INSPECTIONS.] In addition to the 60.13 annual inspection, the Minnesota state patrol has authority to 60.14 conduct random, unannounced spot inspections of any school bus 60.15 or Head Start bus being operated within the state at the 60.16 location where the bus is kept when not in operation to 60.17 ascertain whether its construction, design, equipment, and color 60.18 comply with all provisions of law, including the Minnesota 60.19 school bus equipment standards in sections 169E.41 to 169E.47. 60.20 Sec. 23. [169E.515] [THIRD DEGREE MISDEMEANOR BUS 60.21 INSPECTION VIOLATION.] 60.22 Whoever violates section 169E.51, subdivision 2, is guilty 60.23 of a third degree misdemeanor. 60.24 Sec. 24. [169E.55] [SCHOOL BUS ACCIDENTS; REINSPECTION.] 60.25 Subdivision 1. [POSTCRASH INSPECTION.] (a) A peace officer 60.26 responding to an accident involving a school bus or Head Start 60.27 bus must immediately notify the state patrol if the accident 60.28 results in death or serious personal injury on the school bus, 60.29 or property damage to the school bus of an apparent extent of 60.30 more than $4,400. 60.31 (b) No person shall drive or knowingly permit or cause to 60.32 be driven, for the purpose of transporting students, any school 60.33 bus or Head Start bus after such an accident unless: 60.34 (1) the vehicle has been inspected by the Minnesota state 60.35 patrol and the state patrol has determined that the vehicle may 60.36 safely be operated; or 61.1 (2) a waiver has been granted under subdivision 2. 61.2 Subd. 2. [WAIVER.] A state trooper or designee of the 61.3 Minnesota state patrol called to the scene of an accident by a 61.4 responding peace officer under subdivision 1 may waive the 61.5 inspection requirement of subdivision 1 if the trooper or state 61.6 patrol designee determines that a postcrash inspection is not 61.7 needed or cannot be accomplished without unreasonable delay. 61.8 The trooper or state patrol designee granting a waiver must 61.9 provide to the driver of the school bus for which the waiver is 61.10 granted a written statement that the inspection has been waived. 61.11 The written statement must include the incident report number 61.12 assigned to the accident by the state patrol. 61.13 Sec. 25. [169E.555] [THIRD DEGREE MISDEMEANOR BUS 61.14 INSPECTION CERTIFICATION VIOLATION.] 61.15 Whoever violates section 169E.55, subdivision 1, paragraph 61.16 (b), is guilty of a third degree misdemeanor. 61.17 Sec. 26. [169E.61] [ACCIDENT AND SERIOUS INCIDENT 61.18 REPORTING.] 61.19 The department shall develop uniform definitions of a 61.20 school bus accident, an incident of serious misconduct, and an 61.21 incident that results in personal injury or death. The 61.22 department shall determine what type of information on school 61.23 bus accidents and incidents, including criminal conduct, and bus 61.24 driver dismissals for cause should be collected and develop a 61.25 uniform accident and incident reporting form to collect those 61.26 data, including data relating to type III vehicles, statewide. 61.27 In addition to the form, the department shall have an 61.28 alternative method of reporting that allows school districts to 61.29 use computer technology to provide the required information. 61.30 School districts shall report the information required by the 61.31 department using either format. A school district must not be 61.32 charged for reporting forms or reporting procedures under this 61.33 section. Data collected under this section shall be analyzed to 61.34 help develop accident, crime, and misconduct prevention 61.35 programs. This section is not subject to chapter 14. 61.36 Sec. 27. [169E.71] [TYPE III VEHICLE STANDARDS.] 62.1 Subdivision 1. [STANDARDS.] This section applies to type 62.2 III vehicles used for the transportation of school children when 62.3 owned and operated by a school district or privately owned and 62.4 operated. All related equipment provided on the vehicle must 62.5 comply with federal motor vehicle safety standards where 62.6 applicable. If no federal standard applies, equipment must be 62.7 manufacture's standard. 62.8 Subd. 2. [AGE OF VEHICLE.] Vehicles ten years or older 62.9 must not be used as type III vehicles to transport school 62.10 children, except those vehicles that are manufactured to meet 62.11 the structural requirements of federal Motor Vehicle Safety 62.12 Standard 222, Code of Federal Regulations, title 49, part 571. 62.13 Subd. 3. [COLOR.] Vehicles must be painted a color other 62.14 than national school bus yellow. 62.15 Subd. 4. [FIRE EXTINGUISHER.] A minimum of one 10BC rated 62.16 dry chemical type fire extinguisher is required. The 62.17 extinguisher must be mounted in a bracket, and must be located 62.18 in the driver's compartment and be readily accessible to the 62.19 driver and passengers. A pressure indicator is required and 62.20 must be easily read without removing the extinguisher from its 62.21 mounted position. 62.22 Subd. 5. [FIRST AID KIT.] A minimum of a ten-unit first 62.23 aid kit, and a body fluids cleanup kit is required. They must 62.24 be contained in removable, moisture-proof and dust-proof 62.25 containers mounted in an accessible place within the driver's 62.26 compartment and must be marked to indicate their identity and 62.27 location. 62.28 Subd. 6. [IDENTIFICATION.] (a) The vehicle must not have 62.29 the words "school bus" in any location on the exterior of the 62.30 vehicle, or in any interior location visible to a motorist. 62.31 (b) The vehicle must display to the rear of the vehicle 62.32 this sign: "VEHICLE STOPS AT RR CROSSINGS." 62.33 (c) The lettering (except for "AT," which may be one inch 62.34 smaller) must be a minimum two-inch "Series D" as specified in 62.35 standard alphabets for highway signs as specified by the Federal 62.36 Highway Administration. The printing must be in a color giving 63.1 a marked contrast with that of the part of the vehicle on which 63.2 it is placed. 63.3 (d) The sign must have provisions for being covered, or be 63.4 of a removable or fold-down type. 63.5 Subd. 7. [LAMPS AND SIGNALS.] (a) Installation and use of 63.6 the eight-lamp warning system is prohibited. 63.7 (b) All lamps on the exterior of the vehicle must conform 63.8 with and be installed as required by federal Motor Vehicle 63.9 Safety Standard 108, Code of Federal Regulations, title 49, part 63.10 571. 63.11 Subd. 8. [STOP SIGNAL ARM.] Installation and use of a stop 63.12 signal arm is prohibited. 63.13 Subd. 9. [MIRRORS.] The interior clear rearview mirror 63.14 must afford a good view of pupils and roadway to the rear. Two 63.15 exterior clear rearview mirrors must be provided, one to the 63.16 left and one to the right of the driver. Each mirror must be 63.17 firmly supported and adjustable to give the driver clear view 63.18 past the left rear and the right rear of the bus. 63.19 Subd. 10. [WARNING DEVICE.] A type III bus must contain at 63.20 least three red reflectorized triangle road warning devices. 63.21 Liquid burning "pot type" flares are not allowed. 63.22 Subd. 11. [EMERGENCY DOORS.] The doors on type III buses 63.23 must remain unlocked when carrying passengers. 63.24 Subd. 12. [OPTION.] Passenger cars and station wagons may 63.25 carry fire extinguisher, first aid kit, and warning triangles in 63.26 the trunk or trunk area of the vehicle, if a label in the driver 63.27 and front passenger area clearly indicates the location of these 63.28 items. 63.29 Subd. 13. [EXEMPTION.] When a vehicle otherwise qualifying 63.30 as a type III vehicle, whether owned and operated by a school 63.31 district or privately owned and operated, is used to transport 63.32 school children in a nonscheduled situation, it shall be exempt 63.33 from the vehicle requirements of this section and the licensing 63.34 requirements of section 169J.81, if the vehicle is properly 63.35 registered and insured and operated by an employee or agent of a 63.36 school district with a valid driver's license. 64.1 Sec. 28. [169E.81] [LAW ENFORCEMENT POLICY FOR CRIMINAL 64.2 CONDUCT ON SCHOOL BUSES.] 64.3 By January 1, 1995, each local law enforcement agency shall 64.4 adopt a written policy regarding procedures for responding to 64.5 criminal incidents on school buses. In adopting a policy, each 64.6 law enforcement agency shall consult with local school 64.7 officials, with representatives of private companies that 64.8 contract with school districts to provide transportation, and 64.9 with parents of students. The policy must recognize that 64.10 responding to reports of criminal conduct on school buses is the 64.11 responsibility of law enforcement officials. 64.12 Sec. 29. [169E.85] [REPORTING INCIDENTS ON SCHOOL BUSES.] 64.13 Subdivision 1. [REPORTABLE OFFENSE; DEFINITION.] 64.14 "Reportable offense" means misbehavior causing an immediate and 64.15 substantial danger to self or surrounding persons or property 64.16 under section 127.29. 64.17 Subd. 2. [DUTY TO REPORT; SCHOOL OFFICIAL.] Consistent 64.18 with the school bus safety policy under section 123.805, 64.19 subdivision 1, the school principal, the school transportation 64.20 safety director, or other designated school official shall 64.21 immediately report to the local law enforcement agency having 64.22 jurisdiction where the misbehavior occurred and to the school 64.23 superintendent if the reporting school official knows or has 64.24 reason to believe that a student has committed a reportable 64.25 offense on a school bus or in a bus loading or unloading area. 64.26 The reporting school official shall issue a report to the 64.27 commissioner concerning the incident on a form developed by the 64.28 commissioner for that purpose. 64.29 ARTICLE 3 64.30 VEHICLE EQUIPMENT 64.31 EQUIPMENT SAFETY GENERALLY 64.32 Section 1. [169F.03] [RULES; APPLICABILITY.] 64.33 Subdivision 1. [FEDERAL MOTOR VEHICLE SAFETY 64.34 STANDARDS.] The commissioner, pursuant to the administrative 64.35 procedure act, may adopt and enforce rules in substantial 64.36 conformity with federal motor vehicle safety standards 65.1 established by the United States Secretary of Transportation 65.2 pursuant to the National Traffic and Motor Vehicle Safety Act of 65.3 1966 (Public Law Number 89-563) with respect to any new motor 65.4 vehicle or new item of motor vehicle equipment applicable to the 65.5 same aspect of performance of the new vehicle or new equipment. 65.6 Subd. 2. [OTHER SAFETY STANDARDS.] In the absence of a 65.7 motor vehicle safety standard adopted pursuant to the National 65.8 Traffic and Motor Vehicle Safety Act of 1966 or if any the 65.9 standard is not applicable to new vehicles or new equipment 65.10 manufactured and first sold in the state of Minnesota, the 65.11 commissioner may require new vehicles and specific types of new 65.12 equipment to be tested and approved for compliance with the 65.13 requirements of this chapter, or any rule adopted pursuant to 65.14 this chapter. The commissioner shall approve or disapprove of 65.15 the vehicle or equipment within a reasonable time after it is 65.16 submitted. Approval may be based upon a certificate of approval 65.17 or test report furnished to the commissioner by the American 65.18 Association of Motor Vehicle Administrators. 65.19 Subd. 3. [FEE FOR TESTING AND APPROVAL.] The commissioner 65.20 is authorized to set and collect a reasonable fee from the 65.21 manufacturer or distributor for the testing and approval of all 65.22 new vehicles and specific types of new equipment upon which 65.23 approval is required under this section. The fee may be 65.24 sufficient in amount to reimburse the department for all costs 65.25 connected with the test and approval. The commissioner shall 65.26 waive the fee for any approval based on a certificate of 65.27 approval or test report furnished by the American Association of 65.28 Motor Vehicle Administrators. 65.29 Subd. 4. [SALE OR USE OF NONCOMPLYING NEW VEHICLE OR 65.30 EQUIPMENT.] If a new vehicle or new equipment does not conform 65.31 to the provisions of this chapter, or to the rules adopted by 65.32 the commissioner, no person shall sell, offer for sale, or use 65.33 any such new vehicle or new equipment. 65.34 Subd. 5. [CONFLICTS OF LAWS.] A federal motor vehicle 65.35 safety standard adopted by the commissioner that conflicts with 65.36 an equipment provision of this chapter, applicable to the same 66.1 aspect of performance, shall supersede, on its effective date, 66.2 the conflicting equipment provision of this chapter, with 66.3 respect to new motor vehicles. 66.4 Subd. 6. [APPLICABILITY TO COLLECTOR VEHICLES.] (a) A 66.5 pioneer, classic, collector, collector military, or street rod 66.6 vehicle as described in section 168.10, subdivisions 1a to 1d 66.7 and 1h, shall have all equipment, in operating condition, that 66.8 was specifically required by law as a condition for its first 66.9 sale after manufacture. 66.10 (b) No law requiring any particular equipment or specifying 66.11 any standards to be met by motor vehicles applies to a pioneer, 66.12 classic, collector, collector military, or street rod vehicle 66.13 unless the law specifically so states. 66.14 Sec. 2. [169F.035] [THIRD DEGREE MISDEMEANOR SALE OR USE 66.15 OF NONCONFORMING NEW VEHICLE OR EQUIPMENT.] 66.16 Any person violating the provisions of section 169F.03, 66.17 subdivision 4, is guilty of a third degree misdemeanor. 66.18 Sec. 3. [169F.05] [INJUNCTION.] 66.19 Subdivision 1. [AUTHORITY OF DISTRICT COURTS.] The 66.20 district courts of this state have the authority to restrain or 66.21 enjoin a violation or threatened violation of section 169F.03, 66.22 subdivision 4. 66.23 Subd. 2. [INJUNCTIVE POWER OF ATTORNEY GENERAL.] Whenever 66.24 it appears to the satisfaction of the attorney general that any 66.25 party has sold or offered for sale or is selling or offering for 66.26 sale any new motor vehicle or new item of motor vehicle 66.27 equipment in violation of section 169F.03, the attorney general 66.28 may, in the name of the state, seek injunctive relief in any 66.29 court of competent jurisdiction against any such violation or 66.30 threatened violation. 66.31 Sec. 4. [169F.07] [UNSAFE EQUIPMENT.] 66.32 Subdivision 1. [PROHIBITION.] Except as provided in 66.33 subdivision 2, it is unlawful for any person to drive or for the 66.34 owner to cause or knowingly permit to be driven on any highway 66.35 any vehicle or combination of vehicles that is in such unsafe 66.36 condition as to endanger any person, or that does not contain 67.1 those parts or is not at all times equipped with such lamps and 67.2 other equipment in proper condition and adjustment as required 67.3 in this chapter, or that is equipped in any manner in violation 67.4 of this chapter, or for any person to do any act forbidden or 67.5 fail to perform any act required under this chapter. 67.6 Subd. 2. [EXCEPTIONS.] The provisions of this chapter with 67.7 respect to equipment on vehicles do not apply to implements of 67.8 husbandry, road machinery, or road rollers except as otherwise 67.9 provided in this chapter. 67.10 Subd. 3. [SPECIALIZED VEHICLE.] For purposes of this 67.11 section, a specialized vehicle resembling a low-slung trailer 67.12 having a short bed or platform shall be deemed to be an 67.13 implement of husbandry when the vehicle is used exclusively to 67.14 transport implements of husbandry, provided, however, that no 67.15 such vehicle shall operate on the highway before sunrise or 67.16 after sunset unless proper lighting is affixed to the implement 67.17 being drawn. 67.18 Sec. 5. [169F.09] [TELEVISION; HEADPHONES.] 67.19 Subdivision 1. [TELEVISION SCREEN IN VEHICLE.] No 67.20 television screen shall be installed or used in any motor 67.21 vehicle at any point forward of the back of the driver's seat, 67.22 or that is visible to the driver while operating the motor 67.23 vehicle except: 67.24 (a) video screens installed in law enforcement vehicles; 67.25 (b) closed circuit video systems used exclusively to aid 67.26 the driver's visibility to the rear or sides of the vehicle; and 67.27 (c) video screens installed as part of a vehicle control 67.28 system or used in intelligent vehicle highway applications. 67.29 Subd. 2. [USE OF HEADPHONES IN VEHICLE.] No person, while 67.30 operating a motor vehicle, shall wear headphones or earphones 67.31 that are used in both ears simultaneously for purposes of 67.32 receiving or listening to broadcasts or reproductions from 67.33 radios, tapedecks, or other sound-producing or transmitting 67.34 devices. However, this subdivision does not prohibit the use of 67.35 hearing aid devices by persons in need thereof. 67.36 Sec. 6. [169F.11] [VEHICLE LIGHTING.] 68.1 Subdivision 1. [TIMES WHEN LIGHTS MUST BE DISPLAYED.] (a) 68.2 Except as provided in section 169F.19 (parked vehicles) and 68.3 169F.21 (law enforcement vehicles), every vehicle upon a highway 68.4 within this state shall display lighted lamps and illuminating 68.5 devices, as hereinafter, respectively, required for different 68.6 classes of vehicles: 68.7 (1) at any time from sunset to sunrise; 68.8 (2) at any time when it is raining, snowing, sleeting, or 68.9 hailing; and 68.10 (3) at any other time when visibility is impaired by 68.11 weather, smoke, fog, or other conditions or there is not 68.12 sufficient light to render clearly discernible persons and 68.13 vehicles on the highway at a distance of 500 feet ahead. 68.14 (b) In addition to the other requirements of this 68.15 subdivision, every school bus transporting children upon a 68.16 highway within this state, at any time from a half hour before 68.17 sunrise to a half hour after sunset, shall display lighted lamps 68.18 and illuminating devices as required by this subdivision, except 68.19 that the operator shall use the lowermost distribution of light 68.20 specified in section 169F.31 unless conditions warrant otherwise. 68.21 (c) When requirement is hereinafter declared as to the 68.22 distance from which certain lamps and devices shall render 68.23 objects visible or within which the lamps or devices shall be 68.24 visible, these provisions shall apply during the time stated in 68.25 this section upon a straight level unlighted highway under 68.26 normal atmospheric conditions unless a different time or 68.27 condition is expressly stated and unless otherwise specified the 68.28 location of lamps and devices shall refer to the center of the 68.29 lamps or devices. Parking lamps shall not be used in lieu of 68.30 head lamps to satisfy the requirements of this section. 68.31 Subd. 2. [CERTAIN VIOLATIONS; NEGLIGENCE.] Notwithstanding 68.32 section 169A.03, a violation of subdivision 1, paragraph (a), 68.33 clause (2), is not negligence per se or prima facie evidence of 68.34 negligence. 68.35 REQUIRED EQUIPMENT 68.36 Sec. 7. [169F.12] [HEADLAMP EQUIPMENT REQUIRED.] 69.1 Subdivision 1. [MOTOR VEHICLES GENERALLY.] Every motor 69.2 vehicle, other than a motorcycle, shall be equipped with at 69.3 least two head lamps, with at least one on each side of the 69.4 front of the motor vehicle, which head lamps shall comply with 69.5 the requirements and limitations set forth in this chapter. 69.6 Subd. 2. [MOTORCYCLES.] Every motorcycle shall be equipped 69.7 with at least one and not more than two head lamps, which shall 69.8 comply with the requirements and limitations of this chapter. 69.9 Sec. 8. [169F.13] [REAR LAMP EQUIPMENT REQUIRED.] 69.10 Subdivision 1. [REQUIREMENTS.] Every motor vehicle and 69.11 every vehicle that is being drawn at the end of a train of 69.12 vehicles shall be equipped with at least one tail lamp, 69.13 exhibiting a red light plainly visible from a distance of 500 69.14 feet to the rear. Further, every such above-mentioned vehicle, 69.15 other than a truck-tractor, registered in this state and 69.16 manufactured or assembled after January 1, 1960, shall be 69.17 equipped with at least two tail lamps mounted on the rear, on 69.18 the same level and as widely spaced laterally as practicable, 69.19 which, when lighted as herein required, shall comply with the 69.20 provisions of this section. 69.21 Subd. 2. [LICENSE PLATES.] Either the rear lamp or a 69.22 separate lamp shall be so constructed and placed as to 69.23 illuminate with a white light the rear license plate and render 69.24 it legible from a distance of 50 feet to the rear. Any rear 69.25 lamp or rear lamps, together with any separate lamp for 69.26 illuminating the rear license plate, shall be so wired as to be 69.27 lighted whenever the head lamps or auxiliary driving lamps are 69.28 lighted. 69.29 Subd. 3. [REFLECTORS.] On and after January 1, 1960, each 69.30 new motor vehicle, trailer, or semitrailer, sold and each such 69.31 vehicle operated on a highway, shall carry at the rear either as 69.32 a part of the rear lamp, or separately, at least two reflectors. 69.33 The reflectors shall be of a type approved by the commissioner 69.34 and shall be mounted as close as is practicable to the extreme 69.35 edges of the vehicle at a height not more than 60, nor less than 69.36 20 inches above the surface upon which the vehicle stands. Each 70.1 reflector shall be so designed and maintained as to be visible 70.2 at night from all distances within 300 to 50 feet from the 70.3 vehicle, except that on a commercial vehicle each reflector 70.4 shall be visible from all distances within 500 to 50 feet from 70.5 the vehicle, when directly in front of a motor vehicle 70.6 displaying lawfully lighted headlamps. 70.7 Sec. 9. [169F.14] [CLEARANCE AND MARKER LAMP EQUIPMENT 70.8 REQUIRED.] 70.9 Subdivision 1. [GENERALLY.] Every motor vehicle or 70.10 motor-drawn vehicle designed or used for the transportation of 70.11 property, or for the transportation of passengers for 70.12 compensation, shall display lighted lamps, as required in this 70.13 section. 70.14 Subd. 2. [CLEARANCE LAMPS.] Every such vehicle having a 70.15 width, including load thereon, at any part in excess of 80 70.16 inches shall be equipped with four clearance lamps. Two lamps 70.17 shall be located on the front at opposite sides and not more 70.18 than six inches from the extreme outer edge of the vehicle or 70.19 load, displaying a white or amber light visible from a distance 70.20 of 500 feet to the front of the vehicle. Two lamps shall be 70.21 located on the rear on opposite sides not more than six inches 70.22 from the extreme outer edge of the vehicle or load, displaying a 70.23 red light visible from a distance of 500 feet to the rear of the 70.24 vehicle. The front clearance lamps shall be located at a height 70.25 of not less than 24 inches above the head lamp centers. The 70.26 rear clearance lamps shall be in addition to the red rear lamp 70.27 hereinbefore required. 70.28 Subd. 3. [MARKER LAMPS.] Every such vehicle or combination 70.29 of such vehicles that exceeds 30 feet in overall length shall be 70.30 equipped with at least four side marker lamps, one on each side 70.31 near the front and one on each side near the rear. The lamps 70.32 shall be at a height of not less than 24 inches above the 70.33 surface upon which the vehicle stands. The lamps near the front 70.34 shall display a white or amber light and lamps near the rear 70.35 shall display a red light, each visible from a distance of 500 70.36 feet to the side of the vehicle on which it is located. If the 71.1 clearance lamps on the right and left sides of the vehicle, as 71.2 hereinbefore required, display lights visible from a distance of 71.3 500 feet at right angles to the right and left side, 71.4 respectively, of the vehicle, they shall be deemed to meet the 71.5 requirements as to marker lamps if an additional marker lamp, 71.6 white or amber, is displayed approximately midway between the 71.7 above specified marker lamps. 71.8 Sec. 10. [169F.15] [PROJECTING LOADS; LIGHTS AND FLAGS.] 71.9 Subdivision 1. [LIGHT DISPLAY REQUIRED.] When the load 71.10 upon any vehicle extends to the rear four feet or more beyond 71.11 the bed or body of the vehicle there shall be displayed at the 71.12 extreme rear end of the load, at the times when lighted lamps on 71.13 vehicles are required in this chapter, a red light or lantern 71.14 plainly visible from a distance of at least 500 feet to the 71.15 sides and rear. The light or lantern required under this 71.16 section shall be in addition to the rear light required upon 71.17 every vehicle. 71.18 Subd. 2. [FLAG DISPLAY REQUIRED.] At any time when no 71.19 lights are required there shall be displayed at the extreme rear 71.20 end of the load a red, yellow, or orange flag or cloth not less 71.21 than 16 inches square. 71.22 Sec. 11. [169F.17] [SLOW-MOVING VEHICLES, EMBLEM DISPLAY.] 71.23 Subdivision 1. [DISPLAYING EMBLEM; RULES.] (a) Except as 71.24 provided in paragraph (b), all animal-drawn vehicles, motorized 71.25 golf carts when operated on designated roadways pursuant to 71.26 section 169M.61, implements of husbandry, and other machinery, 71.27 including all road construction machinery, which are designed 71.28 for operation at a speed of 25 miles per hour or less shall 71.29 display a triangular slow-moving vehicle emblem. 71.30 (b) A vehicle need not display the emblem when being used 71.31 in actual construction and maintenance work and traveling within 71.32 the limits of a construction area that is marked in accordance 71.33 with requirements of the manual of uniform traffic control 71.34 devices, as set forth in section 169D.07. 71.35 (c) The emblem shall consist of a fluorescent yellow-orange 71.36 triangle with a dark red reflective border and be mounted so as 72.1 to be visible from a distance of not less than 600 feet to the 72.2 rear. When a primary power unit towing an implement of 72.3 husbandry or other machinery displays a slow-moving vehicle 72.4 emblem visible from a distance of 600 feet to the rear, it shall 72.5 not be necessary to display a similar emblem on the secondary 72.6 unit. All slow-moving vehicle emblems sold in this state shall 72.7 be so designed that when properly mounted they are visible from 72.8 a distance of not less than 600 feet to the rear when directly 72.9 in front of lawful lower beam of head lamps on a motor vehicle. 72.10 The commissioner shall adopt standards and specifications for 72.11 the design and position of mounting the slow-moving vehicle 72.12 emblem. The standards and specifications shall be adopted by 72.13 rule in accordance with the administrative procedure act. 72.14 (d) An alternate slow-moving vehicle emblem consisting of a 72.15 dull black triangle with a white reflective border may be used 72.16 after obtaining a permit from the commissioner under rules of 72.17 the commissioner. A person with a permit to use an alternate 72.18 slow-moving vehicle emblem must: 72.19 (1) carry in the vehicle a regular slow-moving vehicle 72.20 emblem and display the emblem when operating a vehicle between 72.21 sunset and sunrise, and at any other time when visibility is 72.22 impaired by weather, smoke, fog, or other conditions; and 72.23 (2) permanently affix to the rear of the slow-moving 72.24 vehicle at least 72 square inches of reflective tape that 72.25 reflects the color red. 72.26 Subd. 2. [PROHIBITION ON USE.] (a) Except as provided in 72.27 paragraph (b), the use of this emblem shall be restricted to the 72.28 slow moving vehicles specified in subdivision 1 and its use on 72.29 any other type of vehicle or stationary object on the highway is 72.30 prohibited. 72.31 (b) A towed implement of husbandry that is empty and that 72.32 is not self-propelled may be towed at lawful speeds greater than 72.33 25 miles per hour without removing the slow-moving vehicle 72.34 emblem. 72.35 Subd. 3. [PROHIBITION ON DISTRIBUTION.] No person shall 72.36 sell, lease, or rent any slow moving vehicle, as defined in 73.1 subdivision 1, except motorized golf carts and except those 73.2 units designed to be completely mounted on a primary power unit, 73.3 unless the vehicle is equipped with a slow moving vehicle emblem 73.4 mounting device as specified in subdivision 1. 73.5 Sec. 12. [169F.19] [LIGHTS FOR PARKED VEHICLES.] 73.6 Subdivision 1. [GENERALLY.] Except as provided in 73.7 subdivision 2, when a vehicle is parked or stopped upon a 73.8 highway or shoulder adjacent thereto during the times when 73.9 lighted lamps on vehicles are required, it shall be equipped 73.10 with one or more lamps, which shall exhibit: 73.11 (a) a white or amber light on the roadway side visible from 73.12 a distance of 500 feet to the front of the vehicle; and 73.13 (b) a red light visible from a distance of 500 feet to the 73.14 rear. 73.15 Subd. 2. [EXCEPTION.] Local authorities may provide by 73.16 ordinance that no lights need be displayed upon a vehicle when 73.17 stopped or parked in accordance with local parking regulations 73.18 upon a highway where there is sufficient light to clearly reveal 73.19 any person or object within a distance of 500 feet upon the 73.20 highway. 73.21 Subd. 3. [HEAD LAMPS TO BE DIMMED.] Any lighted head lamps 73.22 upon a parked vehicle shall be depressed or dimmed. 73.23 Sec. 13. [169F.21] [LIGHTING EXEMPTIONS; LAW ENFORCEMENT 73.24 VEHICLES; STANDARDS.] 73.25 Subdivision 1. [EXEMPTION.] Sections 84.87, 84.928, 73.26 86B.511, and 169F.11 to 169F.41, relating to lighting of 73.27 vehicles and watercraft, do not apply to a licensed peace 73.28 officer, as defined in section 626.84, subdivision 1, paragraph 73.29 (c), while operating a motor vehicle or watercraft owned, 73.30 leased, or otherwise the property of the state or a political 73.31 subdivision, in the performance of the officer's law enforcement 73.32 duties if the officer's conduct is reasonable and is consistent 73.33 with the standards adopted under subdivision 2, and if the 73.34 officer reasonably believes that operating the vehicle without 73.35 lights is necessary under the circumstances to investigate a 73.36 criminal violation or suspected criminal violation of state 74.1 laws, rules, or orders or local laws, ordinances, or regulations. 74.2 Subd. 2. [POST BOARD STANDARDS.] The peace officer 74.3 standards and training board shall adopt standards governing 74.4 situations in which licensed peace officers as defined in 74.5 section 626.84, subdivision 1, paragraph (c), may operate a 74.6 vehicle or watercraft without lights as provided in subdivision 74.7 1. 74.8 Sec. 14. [169F.23] [LIGHTS ON ALL VEHICLES.] 74.9 Subdivision 1. [LIGHTS OR REFLECTORS REQUIRED.] (a) At the 74.10 times when lighted lamps on vehicles are required each vehicle 74.11 including an animal-drawn vehicle and any vehicle specifically 74.12 excepted in any other section of this chapter, with respect to 74.13 equipment and not hereinbefore specifically required to be 74.14 equipped with lamps, shall be equipped with one or more lighted 74.15 lamps or lanterns projecting a white light visible from a 74.16 distance of 500 feet to the front of the vehicle and with a lamp 74.17 or lantern exhibiting a red light visible from a distance of 500 74.18 feet to the rear, except that reflectors meeting the maximum 74.19 requirements of this chapter may be used in lieu of the lights 74.20 required in this subdivision. 74.21 (b) It shall be unlawful except as otherwise provided in 74.22 this subdivision, to project a white light to the rear of any 74.23 such vehicle while traveling on any street or highway, unless 74.24 the vehicle is moving in reverse. 74.25 (c) An authorized emergency vehicle may display an 74.26 oscillating, alternating, or rotating white light used in 74.27 connection with an oscillating, alternating or rotating red 74.28 light when responding to emergency calls. 74.29 Subd. 2. [IMPLEMENTS OF HUSBANDRY.] (a) At the times when 74.30 lighted lamps on vehicles are required: 74.31 (1) every self-propelled implement of husbandry must be 74.32 equipped with at least one lamp displaying a white light to the 74.33 front, and at least one lamp displaying a red light to the rear; 74.34 (2) every self-propelled implement of husbandry must also 74.35 display two red reflectors visible to the rear; 74.36 (3) every combination of a self-propelled and towed 75.1 implement of husbandry must be equipped with at least one lamp 75.2 mounted to indicate as nearly as practicable the extreme left 75.3 projection of the combination and displaying a white or amber 75.4 light to the front and a red or amber light to the rear of the 75.5 self-propelled implement of husbandry; and 75.6 (4) the last unit of every combination of implements of 75.7 husbandry must display two red reflectors visible to the rear. 75.8 (b) The reflectors must be of the type approved for use 75.9 upon commercial vehicles. The reflectors must be mounted as 75.10 close as practicable to the extreme edges of the implement of 75.11 husbandry. The reflectors must be reflex reflectors that are 75.12 visible at night from all distances within 600 feet to 100 feet 75.13 when directly in front of lawful lower beams of headlamps. 75.14 Subd. 3. [IMPLEMENTS OF HUSBANDRY; HAZARD WARNING LIGHTS.] 75.15 No person may operate a self-propelled implement of husbandry 75.16 manufactured after January 1, 1970, on a highway unless the 75.17 implement of husbandry displays vehicular hazard warning lights 75.18 visible to the front and rear in normal sunlight. 75.19 Sec. 15. [169F.25] [AUXILIARY LIGHTS.] 75.20 Subdivision 1. [SPOT LIGHTS.] Any motor vehicle may be 75.21 equipped with not to exceed two spot lamps and every lighted 75.22 spot lamp shall be so aimed and used upon approaching another 75.23 vehicle that no part of the high intensity portion of the beam 75.24 will be directed on the road surface to the left of the center 75.25 of the vehicle, nor more than 100 feet ahead of the vehicle upon 75.26 which the lamps are mounted. 75.27 Subd. 2. [FOG LIGHTS.] Any motor vehicle may be equipped 75.28 with not to exceed two fog lamps mounted on the front at a 75.29 height not less than 12 inches nor more than 30 inches above the 75.30 level surface upon which the vehicle stands and so aimed that 75.31 when the vehicle is not loaded none of the high-intensity 75.32 portion of the light to the left of the center of the vehicle 75.33 shall at a distance of 25 feet ahead project higher than a level 75.34 of four inches below the level of the center of the lamp from 75.35 which it comes. Lighted fog lamps meeting the above 75.36 requirements may be used with lower headlamp beams as specified 76.1 in section 169F.31. 76.2 Subd. 3. [AUXILIARY LOW BEAM LIGHTS.] Except as provided 76.3 in subdivision 5, any motor vehicle may be equipped with not to 76.4 exceed two auxiliary low beam lamps mounted on the front at a 76.5 height of not less than 24 inches nor more than 42 inches above 76.6 the level surface upon which the vehicle stands. The provisions 76.7 of section 169F.31 shall apply to any combination of headlamps 76.8 and auxiliary low beam lamps. 76.9 Subd. 4. [AUXILIARY DRIVING LIGHTS.] Except as provided in 76.10 subdivision 5, any motor vehicle may be equipped with not to 76.11 exceed two auxiliary driving lamps mounted on the front at a 76.12 height not less than 16 inches nor more than 42 inches above the 76.13 level surface upon which the vehicle stands. The provisions of 76.14 section 169F.31 shall apply to any combination of headlamps and 76.15 auxiliary driving lamps. 76.16 Subd. 5. [EXCEPTION FOR LIGHTS OBSTRUCTED BY SNOWPLOW 76.17 BLADE.] (a) The auxiliary lamps permitted in subdivision 3 may 76.18 be mounted more than 42 inches high on any truck equipped with a 76.19 snowplow blade that obstructs the required headlights. The 76.20 lights may not be illuminated when a snowplow blade is not 76.21 mounted on the vehicle. 76.22 (b) No other vehicle may be operated on a public highway 76.23 unless the auxiliary lamps permitted in subdivisions 3 and 4 76.24 comply with the height requirements or are completely covered 76.25 with an opaque material. 76.26 Sec. 16. [169F.27] [VEHICLE SIGNALS.] 76.27 Subdivision 1. [STOP LIGHTS.] (a) Any vehicle may be 76.28 equipped and when required under this chapter, shall be equipped 76.29 with at least two stop lamps on the rear that shall emit a red 76.30 or yellow light and that shall be actuated upon application of 76.31 the service (foot) brake and that may, but need not be, 76.32 incorporated with the tail lamps and that shall be plainly 76.33 visible and understandable from a distance of 100 feet to the 76.34 rear during normal sunlight and at night. 76.35 (b) No person shall sell or offer for sale or operate on 76.36 the highways any motor vehicle registered in this state and 77.1 manufactured or assembled after January 1, 1960, unless it is 77.2 equipped with at least two stop lamps meeting the requirements 77.3 of this subdivision, except that a motorcycle, motorized 77.4 bicycle, or truck tractor manufactured or assembled after that 77.5 date shall be equipped with at least one stop lamp meeting the 77.6 requirements of this subdivision. 77.7 Subd. 2. [TURN SIGNAL.] (a) Any vehicle may be equipped, 77.8 and when required under this chapter shall be equipped, with a 77.9 lamp or lamps or mechanical signal device of such color as may 77.10 be approved by the commissioner and capable of clearly 77.11 indicating any intention to turn either to the right or to the 77.12 left and shall be visible and understandable during both daytime 77.13 and nighttime from a distance of 100 feet both to the front and 77.14 rear. 77.15 (b) It shall be unlawful for any person to sell or offer 77.16 for sale any new motor vehicle, excepting motorcycles, motor 77.17 scooters, and motorized bicycles, unless it is equipped with 77.18 turn signals meeting the requirements of this chapter. 77.19 Subd. 3. [MAINTENANCE.] (a) When a vehicle is equipped 77.20 with stop lamps or signal lamps, the lamps shall at all times be 77.21 maintained in good working condition. 77.22 (b) No stop lamps or signal lamp shall project a glaring or 77.23 dazzling light. 77.24 (c) All mechanical signal devices shall be self-illumined 77.25 when in use at the times when lighted lamps on vehicles are 77.26 required. 77.27 Subd. 4. [ALTERATION OF STOP LAMP PROHIBITED.] On a 77.28 vehicle that must be equipped with a single center high mounted 77.29 stop lamp under federal motor vehicle safety standards, and on 77.30 any other vehicle equipped with a similar stop lamp, a person 77.31 may not alter the stop lamp by the addition of an overlay or 77.32 other device, or install a replacement lens, if the alteration 77.33 or installation alters or obscures any portion of the lamp or 77.34 affects the intensity of light emitted. 77.35 Sec. 17. [169F.28] [IDENTIFICATION LAMPS.] 77.36 Subdivision 1. [WIDE OR LONG VEHICLES.] Any vehicle or 78.1 combination of vehicles having a width including load thereon at 78.2 any part in excess of 80 inches or that exceeds 30 feet in 78.3 overall length may be equipped with identification lamps on the 78.4 front displaying three amber or white lights and identification 78.5 lamps on the rear displaying three red lights, and when so 78.6 equipped the lights in each such group shall be evenly spaced 78.7 not less than six nor more than 12 inches apart, along a 78.8 horizontal line as near to the top of the vehicle as 78.9 practicable, and these lights shall be visible from a distance 78.10 of 500 feet to the front and rear, respectively, of the vehicle. 78.11 Subd. 2. [RED LAMPS; PERMITS FOR VOLUNTEER EMERGENCY 78.12 RESPONDERS.] Upon obtaining a permit from the commissioner, any 78.13 motor vehicles operated by an active member of a volunteer fire 78.14 department authorized by or contracting with any city or 78.15 township in this state, an emergency medical first responder, or 78.16 an ambulance crew member may be equipped with a lamp emitting a 78.17 red light to the front of the vehicle. The lens of the lamp 78.18 shall be not more than three inches in diameter. The lamp shall 78.19 be lighted only when the member of the volunteer fire 78.20 department, ambulance crew member, or emergency medical first 78.21 responder is responding to an emergency call in connection with 78.22 duties as a volunteer firefighter, ambulance crew member, or 78.23 responder. The commissioner is hereby authorized to issue 78.24 permits on applications of a member of a volunteer fire 78.25 department properly certified to by the chief of said volunteer 78.26 fire department, and on applications for emergency medical first 78.27 responders or ambulance crew members. The commissioner must be 78.28 notified immediately upon the termination of membership in a 78.29 volunteer fire department or when an ambulance or permitted 78.30 emergency medical first responder ceases operations. 78.31 Subd. 3. [VOLUNTEER AMBULANCE DRIVERS.] The commissioner, 78.32 upon application therefor, may issue a permit to any 78.33 certificated volunteer ambulance driver authorizing the driver 78.34 to equip any privately owned motor vehicle operated by the 78.35 driver with a lamp emitting a red light to the front of the 78.36 vehicle. The lamps shall conform to specifications adopted by 79.1 the commissioner. The lamp shall be lighted only when the 79.2 driver is proceeding to the location of an ambulance in response 79.3 to an emergency call. The application shall be in the form 79.4 prescribed by the commissioner and shall contain verification 79.5 satisfactory to the commissioner of the applicant's status as a 79.6 certificated volunteer ambulance driver. Any permit issued 79.7 shall expire immediately upon termination of the permittee's 79.8 employment as a volunteer ambulance driver. 79.9 Sec. 18. [169F.29] [WARNING LIGHTS.] 79.10 Subdivision 1. [FENDER LIGHTS.] Any vehicle may be 79.11 equipped with not more than two side cowl or fender lamps, one 79.12 on each side, that shall emit a white light without glare. 79.13 Subd. 2. [RUNNING BOARD LIGHTS.] Any vehicle may be 79.14 equipped with not more than one running board courtesy lamp on 79.15 each side thereof, which shall emit a white or yellow light 79.16 without glare. 79.17 Subd. 3. [BACKUP LIGHTS.] Any vehicle may be equipped with 79.18 not more than two backup lamps, either separately or in 79.19 combination with another lamp, and not more than two rear 79.20 cornering lamps, except that the lamps must not be continuously 79.21 lighted when the vehicle is in forward motion, nor shall it 79.22 project a glaring light. 79.23 Subd. 4. [FLASHING WARNING LIGHTS.] Any vehicle may be 79.24 equipped with lamps that may be used for the purpose of warning 79.25 the operators of other vehicles of the presence of a vehicular 79.26 traffic hazard requiring the exercise of unusual care in 79.27 approaching, overtaking, or passing, and when so equipped may 79.28 display the warning in addition to any other warning signals 79.29 required by this chapter. The lamps used to display the 79.30 warnings to the front shall be mounted at the same level and as 79.31 widely spaced laterally as practicable, and shall display 79.32 simultaneous flashing white or amber lights, or any shade of 79.33 color between white and amber. The lamps used to display the 79.34 warnings to the rear shall be mounted at the same level and as 79.35 widely spaced laterally as practicable, and shall show 79.36 simultaneously flashing amber or red lights, or any shade of 80.1 color between amber and red. Instead of a pair of lamps that 80.2 flash simultaneously, either one or two strobe lights or 80.3 rotating beacon lights with an amber or yellow lens may be used 80.4 both to the front and rear of the vehicle. These warning lights 80.5 shall be visible from a distance of not less than 500 feet under 80.6 normal atmospheric conditions at night. 80.7 Sec. 19. [169F.31] [HIGH AND LOW BEAM EQUIPMENT.] 80.8 Subdivision 1. [GENERALLY.] Except as hereinafter 80.9 provided, the head lamps, the auxiliary low beam lamps, or the 80.10 auxiliary driving lamps, or combinations thereof, on motor 80.11 vehicles shall be so arranged that the driver may select at will 80.12 between distributions of light projected to different 80.13 elevations, subject to the requirements and limitations of 80.14 subdivisions 2 to 4. 80.15 Subd. 2. [HIGH BEAM.] There shall be an uppermost 80.16 distribution of light, or composite beam, so aimed and of such 80.17 intensity as to reveal persons and vehicles at a distance of at 80.18 least 350 feet ahead for all conditions of loading. 80.19 Subd. 3. [LOW BEAM.] There shall be a lowermost 80.20 distribution of light, or composite beam, so aimed and of 80.21 sufficient intensity to reveal persons and vehicles at a 80.22 distance of at least 100 feet ahead; and on a straight level 80.23 road under any condition of loading none of the high intensity 80.24 portion of the beam shall be directed to strike the eyes of an 80.25 approaching driver. 80.26 Subd. 4. [BEAM INDICATOR.] All road lighting equipment 80.27 manufactured and installed on and after January 1, 1938, shall 80.28 be so arranged that when any beam is used that is not in 80.29 conformity with subdivision 3, means shall be provided for 80.30 indicating to the driver when the beam is being used. 80.31 Sec. 20. [169F.33] [USE OF HIGH AND LOW BEAMS.] 80.32 Subdivision 1. [GENERALLY.] When a motor vehicle is being 80.33 operated on a highway or shoulder adjacent thereto during the 80.34 times when lighted lamps on vehicles are required in this 80.35 chapter, the driver shall use a distribution of light, or 80.36 composite beam, directed high enough and of sufficient intensity 81.1 to reveal persons and vehicles at a safe distance in advance of 81.2 the vehicle, subject to the following requirements and 81.3 limitations. 81.4 Subd. 2. [APPROACHING VEHICLE.] When the driver of a 81.5 vehicle approaches a vehicle within 1,000 feet, the driver shall 81.6 use a distribution of light, or composite beam, so aimed that 81.7 the glaring rays are not projected into the eyes of the oncoming 81.8 driver. 81.9 Subd. 3. [FOLLOWING VEHICLE.] When the driver of a vehicle 81.10 follows another vehicle within 200 feet to the rear, except when 81.11 engaged in the act of overtaking and passing, the driver shall 81.12 use a distribution of light permissible under this chapter other 81.13 than the uppermost distribution of light specified in section 81.14 169F.31. 81.15 Sec. 21. [169F.35] [HEADLAMPS PERMITTED ON MOTOR VEHICLES 81.16 MANUFACTURED AND SOLD BEFORE 1938.] 81.17 Subdivision 1. [GENERALLY.] Head lamps arranged to provide 81.18 a single distribution of light not supplemented by auxiliary 81.19 driving lamps shall be permitted on motor vehicles manufactured 81.20 and sold prior to January 1, 1938, in lieu of multiple-beam road 81.21 lighting equipment herein specified if the single distribution 81.22 of light complies with the requirements and limitations 81.23 specified in subdivisions 2 and 3. 81.24 Subd. 2. [HEIGHT OF BEAM.] The head lamps shall be so 81.25 aimed that when the vehicle is fully loaded none of the high 81.26 intensity portion of the lamp beam rises above a horizontal 81.27 plane passing through the head lamp centers parallel to the 81.28 level surface upon which the vehicle stands, and in no case 81.29 higher than 42 inches above the level on which the vehicle 81.30 stands at a distance of 75 and more feet ahead. 81.31 Subd. 3. [INTENSITY.] The intensity shall be sufficient to 81.32 reveal persons and vehicles at a distance of at least 200 feet. 81.33 Sec. 22. [169F.37] [NUMBER AND INTENSITY OF HEAD LAMPS.] 81.34 Subdivision 1. [MINIMUM NUMBER OF HEADLAMPS.] At all times 81.35 when lighted lamps on vehicles are required in this chapter, at 81.36 least two lighted head lamps shall be displayed, one on each 82.1 side at the front of every motor vehicle, other than a 82.2 motorcycle. However, under adverse weather conditions two 82.3 lighted auxiliary lamps, one on each side at the front of the 82.4 vehicle, may be used in lieu of two lighted head lamps, except 82.5 when the vehicle is parked subject to the rules governing lights 82.6 on parked vehicles. 82.7 Subd. 2. [MAXIMUM NUMBER OF FRONT LAMPS.] When a motor 82.8 vehicle equipped with head lamps, as herein required, is also 82.9 equipped with any auxiliary lamps, spot lamps, or any other 82.10 lamps on the front thereof projecting a beam of intensity 82.11 greater than 300-candle power, not more than a total of four of 82.12 any such lamps on the front of a vehicle shall be lighted at any 82.13 one time when upon a highway. 82.14 Subd. 3. [MAXIMUM CANDLE POWER.] The maximum beam candle 82.15 power from any combination of lamps used at any time for road 82.16 lighting shall not exceed that authorized by the commissioner. 82.17 Sec. 23. [169F.39] [PROHIBITED LIGHTS; EXCEPTIONS.] 82.18 Subdivision 1. [BRIGHT LIGHTS.] Any lighted lamp or 82.19 illuminating device upon a motor vehicle, other than a head 82.20 lamp, a spot lamp, or an auxiliary driving lamp, which projects 82.21 a beam of light of an intensity greater than 300-candle power, 82.22 shall be so directed that no part of the beam will strike the 82.23 level of the roadway on which the vehicle stands at a distance 82.24 of more than 75 feet from the vehicle. 82.25 Subd. 2. [COLORED LIGHTS.] Unless otherwise authorized by 82.26 the commissioner, no vehicle shall be equipped, nor shall any 82.27 person drive or move any vehicle or equipment upon any highway 82.28 with any lamp or device displaying a red light or any colored 82.29 light other than those required or permitted in this chapter. 82.30 Subd. 3. [FLASHING LIGHTS.] Flashing lights are 82.31 prohibited, except on an authorized emergency vehicle, school 82.32 bus, bicycle as provided in section 169M.17, subdivision 5, road 82.33 maintenance equipment, tow truck or towing vehicle, service 82.34 vehicle, farm tractors, self-propelled farm equipment, rural 82.35 mail carrier vehicle, or on any vehicle as a means of indicating 82.36 a right or left turn, or the presence of a vehicular traffic 83.1 hazard requiring unusual care in approaching, overtaking or 83.2 passing. All flashing warning lights shall be of the type 83.3 authorized by section 169F.29, subdivision 4, unless otherwise 83.4 permitted or required in this chapter. 83.5 Subd. 4. [BLUE LIGHTS.] (a) Except as provided in 83.6 paragraph (b), blue lights are prohibited on all vehicles except 83.7 road maintenance equipment and snow removal equipment operated 83.8 by or under contract to the state or a political subdivision 83.9 thereof. 83.10 (b) Authorized emergency vehicles may display flashing blue 83.11 lights to the rear of the vehicle as a warning signal in 83.12 combination with other lights permitted or required by this 83.13 chapter. 83.14 Subd. 5. [FLASHING LIGHTS ON TOW TRUCK.] A tow truck or 83.15 towing vehicle must be equipped with flashing or intermittent 83.16 red and amber lights of a type approved by the commissioner. 83.17 The lights must be placed on the dome of the vehicle at the 83.18 highest practicable point visible from a distance of 500 feet. 83.19 The flashing red light must be displayed only when the tow truck 83.20 or towing vehicle is engaged in emergency service on or near the 83.21 traveled portion of a highway. The flashing amber light may be 83.22 displayed when the tow truck or towing vehicle is moving a 83.23 disabled vehicle. 83.24 Subd. 6. [FLASHING AMBER LIGHT.] (a) Any service vehicle 83.25 may be equipped with a flashing amber lamp of a type approved by 83.26 the commissioner. 83.27 (b) A service vehicle shall not display the lighted lamp 83.28 authorized under paragraph (a) when traveling upon the highway 83.29 or at any other time except at the scene of a disabled vehicle 83.30 or while engaged in snow removal or road maintenance. 83.31 (c) A self-propelled implement of husbandry may display the 83.32 lighted lamp authorized under paragraph (a) at any time. 83.33 Subd. 7. [STROBE LAMPS.] (a) Notwithstanding sections 83.34 169F.23, subdivision 1, 169F.27, subdivision 3, paragraph (b), 83.35 or any other law to the contrary, a vehicle may be equipped with 83.36 a 360-degree flashing strobe lamp that emits a white light with 84.1 a flash rate of 60 to 120 flashes a minute, and the lamp may be 84.2 used as provided in this subdivision, if the vehicle is: 84.3 (1) a school bus that is subject to and complies with the 84.4 equipment requirements of sections 169E.05, subdivision 1, and 84.5 169E.07, subdivision 1, or a Head Start bus that is not a type 84.6 III bus. The lamp shall be permanently mounted on the 84.7 longitudinal center line of the bus roof not less than two feet 84.8 nor more than seven feet forward of the rear roof edge. It 84.9 shall operate from a separate switch containing an indicator 84.10 lamp to show when the strobe lamp is in use. The strobe lamp 84.11 may be lighted only when atmospheric conditions or terrain 84.12 restrict the visibility of school bus lamps and signals or Head 84.13 Start bus lamps and signals so as to require use of the bright 84.14 strobe lamp to alert motorists to the presence of the school bus 84.15 or Head Start bus. A strobe lamp may not be lighted unless the 84.16 school bus or Head Start bus is actually being used as a school 84.17 bus or Head Start bus; or 84.18 (2) a road maintenance vehicle owned or under contract to 84.19 the department of transportation or a road authority of a 84.20 county, home rule or statutory city, or town, but the strobe 84.21 lamp may only be operated while the vehicle is actually engaged 84.22 in snow removal during daylight hours. 84.23 (b) Notwithstanding sections 169F.23, subdivision 1; 84.24 169F.27, subdivision 3, paragraph (b), or any other law to the 84.25 contrary, a vehicle may be equipped with a 360-degree flashing 84.26 strobe lamp that emits an amber light with a flash rate of 60 to 84.27 120 flashes a minute, and the lamp may be used as provided in 84.28 this subdivision, if the vehicle is a rural mail carrier 84.29 vehicle, provided that the strobe lamp is mounted at the highest 84.30 practicable point on the vehicle. The strobe lamp may only be 84.31 operated while the vehicle is actually engaged during daylight 84.32 hours in the delivery of mail to residents on a rural mail route. 84.33 (c) A strobe lamp authorized by this section shall be of a 84.34 double flash type certified to the commissioner by the 84.35 manufacturer as being weatherproof and having a minimum 84.36 effective light output of 200 candelas as measured by the 85.1 Blondel-Rey formula. 85.2 Subd. 8. [WARNING LAMPS ON VEHICLES COLLECTING SOLID 85.3 WASTE.] A vehicle used to collect solid waste may be equipped 85.4 with a single amber gaseous discharge warning lamp that meets 85.5 the Society of Automotive Engineers standard J 1318, Class 2. 85.6 The lamp may be operated only when the collection vehicle is in 85.7 the process of collecting solid waste and is either: 85.8 (a) stopped at an establishment where solid waste is to be 85.9 collected; or 85.10 (b) traveling at a speed that is at least ten miles per 85.11 hour below the posted speed limit and moving between 85.12 establishments where solid waste is to be collected. 85.13 Subd. 9. [COVERING LAMPS AND REFLECTORS.] (a) Except as 85.14 provided in paragraph (b), it is prohibited for any person to: 85.15 (1) equip a motor vehicle with any equipment or material 85.16 that covers a head lamp, tail lamp, or reflector; or 85.17 (2) operate a motor vehicle fitted with or otherwise having 85.18 equipment or material that covers a head lamp, tail lamp, or 85.19 reflector. 85.20 (b) Paragraph (a) does not apply to: 85.21 (1) any manufacturer's original equipment or material; 85.22 (2) any equipment or material that is clear and colorless; 85.23 or 85.24 (3) the covering for auxiliary lights required under 85.25 section 169F.25. 85.26 Sec. 24. [169F.41] [SPECIFICATIONS FOR LIGHTING AND OTHER 85.27 DEVICES.] 85.28 Subdivision 1. [STANDARD SPECIFICATIONS.] The commissioner 85.29 is hereby authorized and required to adopt and enforce standard 85.30 specifications as to the amount, color, and direction of light 85.31 to be emitted or reflected by lighting devices and as to the 85.32 general construction and mounting on the vehicle for compliance 85.33 with the requirements and limitations of this chapter. 85.34 Subd. 2. [SELLING OR USING UNAPPROVED EQUIPMENT.] No 85.35 person shall have for sale, sell, or offer for sale for use upon 85.36 or as a part of the equipment of a vehicle, trailer or 86.1 semitrailer, or use upon any such vehicle, any head lamp, 86.2 auxiliary driving lamp, rear lamp, signal lamp, spot lamp, 86.3 clearance lamp, marker lamp or reflector, or parts of any of the 86.4 foregoing, unless of a type that has been submitted to and 86.5 approved by the commissioner. 86.6 Subd. 3. [SELLING OR USING UNMARKED EQUIPMENT.] No person 86.7 shall have for sale, sell, or offer for sale for use upon or as 86.8 a part of the equipment of a vehicle, trailer or semitrailer, or 86.9 bicycle, or use upon any such vehicle, any lamp or device 86.10 mentioned in this section, which has been approved by the 86.11 commissioner unless the lamp or device bears thereon the 86.12 trademark or name and model designation all permanently marked 86.13 under which it is approved so as to be legible when installed. 86.14 Subd. 4. [USING UNAPPROVED LAMPS.] No person shall use 86.15 upon any vehicle, trailer or semitrailer, or bicycle any lamps 86.16 mentioned in this section unless the lamps are equipped with 86.17 bulbs of a type approved by the commissioner, having a rated 86.18 candle power, and are mounted and adjusted as to focus and aim 86.19 in accordance with instructions of the commissioner. 86.20 Subd. 5. [COMMISSIONER'S AUTHORITY AND DUTIES.] (a) The 86.21 commissioner is hereby authorized to approve or disapprove 86.22 lighting devices. 86.23 (b) The commissioner is hereby required to approve or 86.24 disapprove any lighting device, of a type on which approval is 86.25 specifically required in this chapter, within a reasonable time 86.26 after the device has been submitted. 86.27 (c) The commissioner is further authorized to set up a 86.28 procedure that shall be followed when any device is submitted 86.29 for approval. 86.30 (d) The commissioner is authorized to set and collect a 86.31 reasonable fee for the testing and approval of all types of 86.32 devices upon which approval is required in this chapter. The 86.33 fee may be sufficient in amount to reimburse the department for 86.34 all costs connected with the test and approval. 86.35 (e) The commissioner, upon approving any such lamp or 86.36 device, shall issue to the applicant a certificate of approval, 87.1 together with any instructions determined by the commissioner. 87.2 (f) The commissioner shall publish lists of all lamps and 87.3 devices by name and type that have been approved by the 87.4 commissioner, together with instructions as to the permissible 87.5 candlepower rating of the bulbs that the commissioner has 87.6 determined for use therein and such other instructions as to 87.7 adjustment as the commissioner may deem necessary. No person 87.8 shall sell for use or use on any vehicle any reconverted lamp or 87.9 any device redesigned for a use other than for which it was 87.10 originally approved unless authorized by the commissioner. 87.11 Sec. 25. [169F.43] [HEARINGS ON SPECIFICATIONS.] 87.12 Subdivision 1. [HEARING AND NOTICE OF NONCOMPLIANCE.] With 87.13 reason to believe that an approved device that is being sold 87.14 commercially does not comply with the requirements of this 87.15 chapter, the commissioner may, after giving 30 days' previous 87.16 notice to the person holding the certificate of approval for the 87.17 device in this state, conduct a hearing upon the question of 87.18 compliance of the approved device. After the hearing the 87.19 commissioner shall determine whether the approved device meets 87.20 the requirements of this chapter. If it does not meet the 87.21 requirements of this chapter, the commissioner shall give notice 87.22 to the person holding the certificate of approval for the device 87.23 in this state. 87.24 Subd. 2. [SUSPENSION OR REVOCATION OF APPROVAL.] If, upon 87.25 the expiration of 90 days after the notice, the person holding 87.26 the certificate of approval for the device has failed to satisfy 87.27 the commissioner that the approved device as thereafter to be 87.28 sold meets the requirements of this chapter, the commissioner: 87.29 (a) shall suspend or revoke the approval issued therefor 87.30 until or unless the device is resubmitted to and retested by an 87.31 authorized testing agency and is found to meet the requirements 87.32 of this chapter; and 87.33 (b) may require that all such devices sold since the 87.34 notification following the hearing be replaced with devices that 87.35 do comply with the requirements of this chapter. 87.36 Subd. 3. [REFUSAL OF RENEWAL OF APPROVAL.] The 88.1 commissioner may at the time of the retest purchase in the open 88.2 market and submit to the testing agency one or more sets of the 88.3 approved devices, and if the device upon the retest fails to 88.4 meet the requirements of this chapter, the commissioner may 88.5 refuse to renew the certificate of approval of the device. 88.6 Sec. 26. [169F.45] [BRAKES.] 88.7 Subdivision 1. [MOTOR VEHICLES.] Every motor vehicle, 88.8 other than a motorcycle, when operated upon a highway, shall be 88.9 equipped with brakes adequate to control the movement of and to 88.10 stop and hold the vehicle, including two separate means of 88.11 applying the brakes, each of which means shall be effective to 88.12 apply the brakes to at least two wheels. If these two separate 88.13 means of applying the brakes are connected in any way, they 88.14 shall be so constructed that failure of any one part of the 88.15 operating mechanism shall not leave the motor vehicle without 88.16 brakes on at least two wheels. The requirement in this 88.17 subdivision for separate braking systems does not apply to a 88.18 commercial motor vehicle described in section 169F.87, 88.19 subdivision 4, paragraph (e). 88.20 Subd. 2. [MOTORCYCLES AND MOTORIZED BICYCLES.] Every 88.21 motorcycle and motorized bicycle, when operated upon a highway, 88.22 shall be equipped with at least one brake, which may be operated 88.23 by hand or foot. 88.24 Subd. 3. [TRAILERS, SEMITRAILERS.] (a) No trailer or 88.25 semitrailer with a gross weight of 3,000 or more pounds, or a 88.26 gross weight that exceeds the empty weight of the towing 88.27 vehicle, may be drawn on a highway unless it is equipped with 88.28 brakes that are adequate to control the movement of and to stop 88.29 and hold the trailer or semitrailer. 88.30 (b) No trailer or semitrailer that is required to have 88.31 brakes and that has a gross weight of more than 6,000 pounds may 88.32 be drawn on a highway unless it is equipped with brakes that are 88.33 so constructed that they are adequate to stop and hold the 88.34 trailer or semitrailer whenever it becomes detached from the 88.35 towing vehicle. 88.36 (c) Except as provided in paragraph (d), paragraph (a) does 89.1 not apply to: 89.2 (1) a trailer used by a farmer while transporting farm 89.3 products produced on the user's farm, or supplies back to the 89.4 farm of the trailer's user; 89.5 (2) a towed custom service vehicle drawn by a motor vehicle 89.6 that is equipped with brakes that meet the standards of 89.7 subdivision 5, provided that such a towed custom service vehicle 89.8 that exceeds 30,000 pounds gross weight may not be drawn at a 89.9 speed of more than 45 miles per hour; 89.10 (3) a trailer or semitrailer operated or used by retail 89.11 dealers of implements of husbandry while engaged exclusively in 89.12 the delivery of implements of husbandry; 89.13 (4) a motor vehicle drawn by another motor vehicle that is 89.14 equipped with brakes that meet the standards of subdivision 5; 89.15 (5) a tank trailer of not more than 12,000 pounds gross 89.16 weight owned by a distributor of liquid fertilizer while engaged 89.17 exclusively in transporting liquid fertilizer, or gaseous 89.18 fertilizer under pressure; 89.19 (6) a trailer of not more than 12,000 pounds gross weight 89.20 owned by a distributor of dry fertilizer while engaged 89.21 exclusively in the transportation of dry fertilizer; and 89.22 (7) a disabled vehicle while being towed to a place of 89.23 repair. 89.24 (d) Vehicles described in paragraph (c), clauses (1), (3), 89.25 and (4), may be operated without complying with paragraph (a) 89.26 only if the trailer or semitrailer does not exceed the following 89.27 gross weights: 89.28 (1) 3,000 pounds while being drawn by a vehicle registered 89.29 as a passenger automobile, other than a pickup truck as defined 89.30 in section 168.011, subdivision 29; 89.31 (2) 12,000 pounds while being drawn by any other motor 89.32 vehicle except a self-propelled implement of husbandry. 89.33 Subd. 4. [SERVICE BRAKES ON WHEELS; EXCEPTIONS.] (a) All 89.34 motor vehicles, trailers, and semitrailers manufactured after 89.35 June 30, 1988, must be equipped with foot brakes on all wheels. 89.36 (b) Paragraph (a) does not apply to: 90.1 (1) a mobile crane that is not operated at a speed of more 90.2 than 45 miles per hour and is capable of stopping within the 90.3 performance standards of subdivision 5; 90.4 (2) a motorcycle; 90.5 (3) a trailer or semitrailer with a gross weight of less 90.6 than 3,000 pounds; 90.7 (4) a swivel-type third wheel on a travel trailer; and 90.8 (5) a temporary auxiliary axle attached to a motor vehicle 90.9 during a period of vehicle weight restrictions for the purpose 90.10 of relieving the weight on another axle, if the combined gross 90.11 weight on the temporary axle and the axle being relieved does 90.12 not exceed 18,000 pounds and the motor vehicle meets all brake 90.13 requirements under this section. 90.14 (c) Paragraph (a) does not require brakes on the front 90.15 wheels of a vehicle having three or more axles and manufactured 90.16 before July 1, 1988, if the brakes on the other wheels of the 90.17 vehicle meet the standards of subdivision 5. 90.18 Subd. 5. [PERFORMANCE STANDARDS.] (a) Every motor vehicle 90.19 or combination of vehicles, at all times and under all 90.20 conditions of loading, upon application of the service (foot) 90.21 brake, shall be capable of: 90.22 (1) developing a braking force that is not less than the 90.23 percentage of its gross weight tabulated herein for its 90.24 classification; 90.25 (2) decelerating in a stop from not more than 20 miles per 90.26 hour at not less than the feet per second per second tabulated 90.27 herein for its classification; and 90.28 (3) stopping from a speed of 20 miles per hour in not more 90.29 than the distance tabulated herein for its classification, such 90.30 distance to be measured from the point at which movement of the 90.31 service brake pedal or control begins. 90.32 (b) Tests for deceleration and stopping distance shall be 90.33 made on a substantially level (not to exceed plus or minus one 90.34 percent grade), dry, smooth, hard surface that is free from 90.35 loose material. 90.36 Deceleration Table 91.1 1 2 3 4 91.2 Classification Braking Deceleration Brake 91.3 of Vehicles Force as a in Feet Per System 91.4 and Percentage Second Per Application 91.5 Combinations of Gross Second and 91.6 Vehicle or Braking 91.7 Combination Distance 91.8 Weight in Feet 91.9 Passenger 91.10 vehicles, not 91.11 including 91.12 buses ......... 52.8 percent 17 25 91.13 Single-unit 91.14 vehicles 91.15 with a 91.16 manufacturer's 91.17 gross vehicle 91.18 weight rating 91.19 of less than 91.20 10,000 91.21 pounds ........ 43.5 percent 14 30 91.22 Single-unit, 91.23 2-axle 91.24 vehicles with 91.25 a 91.26 manufacturer's 91.27 gross vehicle 91.28 weight rating 91.29 of 10,000 or 91.30 more pounds, 91.31 and buses not 91.32 having a 91.33 manufacturer's 91.34 gross vehicle 91.35 weight 91.36 rating ........ 43.5 percent 14 40 92.1 All other 92.2 vehicles and 92.3 combinations 92.4 with a 92.5 manufacturer's 92.6 gross vehicle 92.7 weight rating 92.8 of 10,000 92.9 or more 92.10 pounds ........ 43.5 percent 14 50 92.11 (c) All brakes shall be maintained in good working order 92.12 and shall be so adjusted as to operate as equally as practicable 92.13 with respect to the wheels on opposite sides of the vehicle. 92.14 Subd. 6. [IMPLEMENTS OF HUSBANDRY.] (a) No person may 92.15 drive or tow an implement of husbandry that exceeds 6,000 pounds 92.16 registered gross weight or gross vehicle weight and is not 92.17 equipped with brakes. 92.18 (b) An implement of husbandry must be equipped with brakes 92.19 adequate to control the movement of and to stop and hold the 92.20 towed vehicle if the implement of husbandry: 92.21 (1) is not self-propelled; 92.22 (2) has a manufacturer's recommended capacity of more than 92.23 24,000 pounds; and 92.24 (3) is manufactured and sold after January 1, 1994. 92.25 Sec. 27. [169F.47] [HORNS.] 92.26 Subdivision 1. [REQUIRED EQUIPMENT.] Every motor vehicle 92.27 when operated upon a highway shall be equipped with a horn in 92.28 good working order and capable of emitting sound audible under 92.29 normal conditions from a distance of not less than 200 feet, but 92.30 no horn or other warning device shall emit an unreasonably loud 92.31 or harsh sound or a whistle. 92.32 Subd. 2. [USE OF HORN.] The driver of a motor vehicle 92.33 shall, when reasonably necessary to ensure safe operation, give 92.34 audible warning with the horn, but shall not otherwise use the 92.35 horn when upon a highway. 92.36 Subd. 3. [SIREN, WHISTLE, OR BELL.] No vehicle shall be 93.1 equipped with, nor shall any person use upon a vehicle, any 93.2 siren, whistle, or bell, except as otherwise permitted in this 93.3 section. It is permissible, but not required, that any 93.4 commercial vehicle be equipped with a theft alarm signal device 93.5 that is so arranged that it cannot be used by the driver as an 93.6 ordinary warning signal. All authorized emergency vehicles 93.7 shall be equipped with a siren capable of emitting sound audible 93.8 under normal conditions from a distance of not less than 500 93.9 feet and of a type approved by the department, but the siren 93.10 shall not be used except when the vehicle is operated in 93.11 response to an emergency call or in the immediate pursuit of an 93.12 actual or suspected violator of the law, in which latter events 93.13 the driver of the vehicle shall sound the siren when necessary 93.14 to warn pedestrians and other drivers of the approach thereof. 93.15 Sec. 28. [169F.49] [DECLARATION OF POLICY.] 93.16 It is the policy of this state that enactment of a 93.17 mandatory automobile seat belt usage law is intended to be 93.18 compatible with support for federal safety standards requiring 93.19 automatic crash protection and should not be used in any manner 93.20 to rescind federal automatic crash protection system 93.21 requirements for new vehicles. 93.22 Sec. 29. [169F.51] [SEAT BELTS.] 93.23 Subdivision 1. [VEHICLE MUST BE EQUIPPED FOR SEAT BELTS.] 93.24 All new motor vehicles, not exempt from Minnesota license fees, 93.25 other than a bus, school bus, motorcycle, motorized bicycle, 93.26 farm tractor, road tractor, and truck, sold or offered for sale 93.27 or registered in Minnesota shall be equipped to permit the 93.28 installation of seat belts in the front seat thereof. 93.29 Subd. 2. [INSTALLATION REQUIRED.] Within 30 days after the 93.30 registration of the motor vehicle, it shall be equipped with 93.31 seat belts installed for use in the left front and right front 93.32 seats thereof. 93.33 Subd. 3. [STANDARDS.] The specifications and requirements 93.34 for seat belts or seat belt assemblies shall conform with the 93.35 minimum standards for seat belts or seat belt assemblies 93.36 heretofore adopted by the society of automotive engineers and in 94.1 effect on January 1, 1963. 94.2 Subd. 4. [SEAT BELT USE REQUIRED.] A properly adjusted and 94.3 fastened seat belt, including both the shoulder and lap belt 94.4 when the vehicle is so equipped, shall be worn by: 94.5 (a) the driver of a passenger vehicle or commercial motor 94.6 vehicle; 94.7 (b) a passenger riding in the front seat of a passenger 94.8 vehicle or commercial motor vehicle; and 94.9 (c) a passenger riding in any seat of a passenger vehicle 94.10 who is older than three but younger than 11 years of age. 94.11 Subd. 5. [SEAT BELT EXEMPTIONS.] Subdivision 4 shall not 94.12 apply to: 94.13 (a) a person driving a passenger vehicle in reverse; 94.14 (b) a person riding in a seat in which all the seating 94.15 positions equipped with safety belts are occupied by other 94.16 persons; 94.17 (c) a person who is in possession of a written certificate 94.18 from a licensed physician verifying that because of medical 94.19 unfitness or physical disability the person is unable to wear a 94.20 seat belt; 94.21 (d) a person who is actually engaged in work that requires 94.22 the person to alight from and reenter a passenger vehicle at 94.23 frequent intervals and who, while engaged in that work, does not 94.24 drive or travel in that vehicle at a speed exceeding 25 miles 94.25 per hour; 94.26 (e) a rural mail carrier of the United States Postal 94.27 Service while in the performance of duties; 94.28 (f) a person driving or riding in a passenger vehicle 94.29 manufactured before January 1, 1965; and 94.30 (g) a person driving or riding in a pickup truck, as 94.31 defined in section 168.011, subdivision 29, while engaged in 94.32 normal farming work or activity. 94.33 Subd. 6. [RESTRICTION ON ISSUING CITATION.] A peace 94.34 officer may not issue a citation for a violation of subdivision 94.35 4 unless the officer lawfully stopped or detained the driver of 94.36 the motor vehicle for a moving violation other than a violation 95.1 involving motor vehicle equipment. 95.2 Subd. 7. [ADMISSIBILITY INTO EVIDENCE.] Proof of the use 95.3 or failure to use seat belts, or proof of the installation or 95.4 failure of installation of seat belts, shall not be admissible 95.5 in evidence in any litigation involving personal injuries or 95.6 property damage resulting from the use or operation of any motor 95.7 vehicle. 95.8 Sec. 30. [169F.515] [INFRACTION SEAT BELT USE VIOLATION.] 95.9 Subdivision 1. [PENALTY.] A person is guilty of an 95.10 infraction and may be sentenced to pay a fine of not more than 95.11 $25 if: 95.12 (a) the person is 15 years of age or older and violates 95.13 section 169F.51, subdivision 4, paragraph (a) or (b); or 95.14 (b) the person is the driver of the passenger vehicle or 95.15 commercial motor vehicle in which a violation of section 95.16 169F.51, subdivision 4, paragraph (b) or (c), is committed by: 95.17 (1) a child of the driver under the age of 15; or 95.18 (2) any child under the age of 11. 95.19 Subd. 2. [NO NOTATION ON DRIVING RECORD.] The department 95.20 shall not record a violation of this section on a person's 95.21 driving record. 95.22 Subd. 3. [APPROPRIATION; SPECIAL ACCOUNT.] The fines 95.23 collected under this section must be deposited in the state 95.24 treasury and credited to a special account to be known as the 95.25 emergency medical services relief account. Ninety percent of 95.26 the money in the account shall be distributed to the eight 95.27 regional emergency medical services systems designated by the 95.28 emergency medical services regulatory board under section 95.29 144.8093, for personnel education and training, equipment and 95.30 vehicle purchases, and operational expenses of emergency life 95.31 support transportation services. The board of directors of each 95.32 emergency medical services region shall establish criteria for 95.33 funding. Ten percent of the money in the account shall be 95.34 distributed to the commissioner for the expenses of traffic 95.35 safety educational programs conducted by state patrol troopers. 95.36 Sec. 31. [169F.53] [PASSENGER RESTRAINT SYSTEMS FOR 96.1 CHILDREN.] 96.2 Subdivision 1. [EQUIPMENT REQUIRED.] Every motor vehicle 96.3 operator, when transporting a child under the age of four on the 96.4 streets and highways of this state in a motor vehicle equipped 96.5 with factory-installed seat belts, shall equip and install for 96.6 use in the motor vehicle, according to the manufacturer's 96.7 instructions, a child passenger restraint system meeting federal 96.8 motor vehicle safety standards. 96.9 Subd. 2. [CHILD RESTRAINT USE REQUIRED.] No motor vehicle 96.10 operator who is operating a motor vehicle on the streets and 96.11 highways of this state may transport a child under the age of 96.12 four in a seat of a motor vehicle equipped with a 96.13 factory-installed seat belt, unless the child is properly 96.14 fastened in the child passenger restraint system. 96.15 Subd. 3. [EXCEPTIONS.] (a) This section does not apply to: 96.16 (1) a person transporting a child in an emergency medical 96.17 vehicle while in the performance of official duties and when the 96.18 physical or medical needs of the child make the use of a child 96.19 passenger restraint system unreasonable or when a child 96.20 passenger restraint system is not available; 96.21 (2) a peace officer transporting a child while in the 96.22 performance of official duties and when a child passenger 96.23 restraint system is not available, provided that a seat belt 96.24 must be substituted; and 96.25 (3) a person while operating a motor vehicle for hire, 96.26 including a taxi, airport limousine, and bus, but excluding a 96.27 rented, leased, or borrowed motor vehicle. 96.28 (b) A child passenger restraint system is not required for 96.29 a child who cannot, in the judgment of a licensed physician, be 96.30 safely transported in a child passenger restraint system because 96.31 of a medical condition, body size, or physical disability. A 96.32 motor vehicle operator claiming exemption for a child under this 96.33 paragraph must possess a typewritten statement from the 96.34 physician stating that the child cannot be safely transported in 96.35 a child passenger restraint system. The statement must give the 96.36 name and birth date of the child, be dated within the previous 97.1 six months, and be made on the physician's letterhead or contain 97.2 the physician's name, address, and telephone number. A person 97.3 charged with violating subdivision 1 or 2 may not be convicted 97.4 if the person produces the physician's statement in court or in 97.5 the office of the arresting officer. 97.6 Subd. 4. [RENTAL VEHICLES.] A person offering a motor 97.7 vehicle for rent or lease shall provide a child passenger 97.8 restraint device to a customer renting or leasing the motor 97.9 vehicle who requests the device. A reasonable rent or fee may 97.10 be charged for use of the child passenger restraint device. 97.11 Subd. 5. [APPROPRIATION; SPECIAL ACCOUNT; LEGISLATIVE 97.12 REPORT.] The Minnesota child passenger restraint and education 97.13 account is created in the state treasury, consisting of fines 97.14 collected under section 169F.535 and other money appropriated or 97.15 donated. The money in the account is annually appropriated to 97.16 the commissioner, to be used to provide child passenger 97.17 restraint systems to families in financial need and to provide 97.18 an educational program on the need for and proper use of child 97.19 passenger restraint systems. The commissioner shall report to 97.20 the legislature by February 1 of each odd-numbered year on the 97.21 commissioner's activities and expenditure of funds under this 97.22 section. 97.23 Subd. 6. [ADMISSIBILITY INTO EVIDENCE.] Proof of the use 97.24 or failure to use a child passenger restraint system as 97.25 described in subdivision 2, or proof of the installation or 97.26 failure of installation of a child passenger restraint system as 97.27 described in subdivision 1, shall not be admissible in evidence 97.28 in any litigation involving personal injuries or property damage 97.29 resulting from the use or operation of any motor vehicle. 97.30 Sec. 32. [169F.535] [INFRACTION CHILD RESTRAINT 97.31 VIOLATION.] 97.32 Subdivision 1. [PENALTY.] Any motor vehicle operator who 97.33 violates section 169F.53 is guilty of an infraction and may be 97.34 sentenced to pay a fine of not more than $50. 97.35 Subd. 2. [WAIVER OR REDUCTION OF FINE.] The fine under 97.36 subdivision 1 may be waived or the amount reduced if the motor 98.1 vehicle operator produces evidence that within 14 days after the 98.2 date of the violation a child passenger restraint system meeting 98.3 federal motor vehicle safety standards was purchased or obtained 98.4 for the exclusive use of the operator. 98.5 Subd. 3. [DISPOSITION OF FINES.] The fines collected under 98.6 this section must be deposited in the state treasury and 98.7 credited to a special account to be known as the Minnesota child 98.8 passenger restraint and education account. 98.9 Sec. 33. [169F.55] [MUFFLERS.] 98.10 Subdivision 1. [EQUIPMENT REQUIREMENT.] Every motor 98.11 vehicle shall at all times be equipped with a muffler in good 98.12 working order that blends the exhaust noise into the overall 98.13 vehicle noise and is in constant operation to prevent excessive 98.14 or unusual noise. 98.15 Subd. 2. [USING CUTOUT OR BYPASS.] No person shall use a 98.16 muffler cutout, bypass, or similar device upon a motor vehicle 98.17 on a street or highway. 98.18 Subd. 3. [POPPING OR CRACKLING SOUND.] The exhaust system 98.19 shall not emit or produce a sharp popping or crackling sound. 98.20 Subd. 4. [PREVENTING CARBON MONOXIDE FROM ENTERING 98.21 VEHICLE.] Every motor vehicle shall at all times be equipped 98.22 with parts and equipment so arranged and kept in such state of 98.23 repair as to prevent carbon monoxide gas from entering the 98.24 interior of the vehicle. 98.25 Subd. 5. [SELLING OR USING NONCOMPLYING MUFFLER.] No 98.26 person shall have for sale, sell or offer for sale, or use on 98.27 any motor vehicle any muffler that fails to comply with the 98.28 specifications as required by the commissioner. 98.29 Sec. 34. [169F.57] [MOTOR VEHICLE NOISE LIMITS.] 98.30 It is unlawful to operate a motor vehicle in violation of 98.31 motor vehicle noise rules adopted by the pollution control 98.32 agency. 98.33 Sec. 35. [169F.59] [REAR VIEW MIRRORS.] 98.34 Every motor vehicle that is so constructed, loaded, or 98.35 connected with another vehicle as to obstruct the driver's view 98.36 to the rear thereof from the driver's position shall be equipped 99.1 with a mirror so located as to reflect to the driver a view of 99.2 the highway for a distance of at least 200 feet to the rear of 99.3 the vehicle. 99.4 Sec. 36. [169F.61] [WINDSHIELDS.] 99.5 Subdivision 1. [PROHIBITIONS GENERALLY.] No person shall 99.6 drive or operate any motor vehicle with a windshield cracked or 99.7 discolored to an extent to limit or obstruct proper vision, or, 99.8 except for law enforcement vehicles, with any objects suspended 99.9 between the driver and the windshield, other than sun visors and 99.10 rear vision mirrors, or with any sign, poster, or other 99.11 nontransparent material upon the front windshield, sidewings, 99.12 side or rear windows of the vehicle, other than a certificate or 99.13 other paper required to be so displayed by law, or authorized by 99.14 the state director of the division of emergency management, or 99.15 the commissioner. 99.16 Subd. 2. [WINDSHIELD WIPERS.] The windshield on every 99.17 motor vehicle shall be equipped with a device for cleaning rain, 99.18 snow, or other moisture from the windshield, which device shall 99.19 be so constructed as to be controlled or operated by the driver 99.20 of the vehicle. 99.21 Subd. 3. [DEFROSTING REQUIREMENT.] No person shall drive 99.22 any motor vehicle with the windshield or front side windows 99.23 covered with steam or frost to such an extent as to prevent 99.24 proper vision. 99.25 Subd. 4. [GLAZING MATERIALS; PROHIBITIONS AND EXCEPTIONS.] 99.26 (a) No person shall drive or operate any motor vehicle required 99.27 to be registered in the state of Minnesota upon any street or 99.28 highway under the following conditions: 99.29 (1) when the windshield is composed of, covered by, or 99.30 treated with any material that has the effect of making the 99.31 windshield more reflective or in any other way reducing light 99.32 transmittance through the windshield; 99.33 (2) when any window on the vehicle is composed of, covered 99.34 by, or treated with any material that has a highly reflective or 99.35 mirrored appearance; 99.36 (3) when any side window or rear window: 100.1 (i) is composed of or treated with any material so as to 100.2 obstruct or substantially reduce the driver's clear view through 100.3 the window; or 100.4 (ii) has a light transmittance of less than 50 percent plus 100.5 or minus three percent in the visible light range or a luminous 100.6 reflectance of more than 20 percent plus or minus three percent; 100.7 or 100.8 (4) when any material has been applied after August 1, 100.9 1985, to any motor vehicle window without an accompanying 100.10 permanent marking that indicates the percent of transmittance 100.11 and the percent of reflectance afforded by the material. The 100.12 marking must be in a manner so as not to obscure vision and be 100.13 readable when installed on the vehicle. 100.14 (b) This subdivision does not apply to glazing materials 100.15 that: 100.16 (1) have not been modified since the original installation, 100.17 nor to original replacement windows and windshields, that were 100.18 originally installed or replaced in conformance with Federal 100.19 Motor Vehicle Safety Standard 205; 100.20 (2) are required to satisfy prescription or medical needs 100.21 of the driver of the vehicle or a passenger if the driver or 100.22 passenger is in possession of the prescription or a physician's 100.23 statement of medical need; or 100.24 (3) are applied to: 100.25 (i) the rear windows of a pickup truck as defined in 100.26 section 168.011, subdivision 29; 100.27 (ii) the rear windows or the side windows on either side 100.28 behind the driver's seat of a van as defined in section 168.011, 100.29 subdivision 28; 100.30 (iii) the side and rear windows of a vehicle used to 100.31 transport human remains by a funeral establishment holding a 100.32 permit under section 149.08; or 100.33 (iv) the side and rear windows of a limousine as defined in 100.34 section 168.011, subdivision 35. 100.35 Sec. 37. [169F.63] [SURFACE OF TIRES; TIRES WITH METAL 100.36 STUDS.] 101.1 Subdivision 1. [SOLID RUBBER, METAL, AND STUDDED TIRES.] 101.2 (a) Every solid rubber tire on a vehicle shall have rubber on 101.3 its entire traction surface at least one inch thick above the 101.4 edge of the flange of the entire periphery. 101.5 (b) No person shall operate or move on any highway any 101.6 motor vehicle, trailer, or semitrailer, having any metal tire in 101.7 contact with the roadway, except in case of emergency. 101.8 (c) Except as provided in this section and section 169F.64, 101.9 no tire on a vehicle moved on a highway shall have on its 101.10 periphery any block, stud, flange, cleat, or spike or any other 101.11 protuberances of any material other than rubber that projects 101.12 beyond the tread of the traction surface of the tire. 101.13 (d) It shall be permissible to use any of the following on 101.14 highways: 101.15 (1) implements of husbandry with tires having protuberances 101.16 that will not injure the highway; and 101.17 (2) tire chains of reasonable proportions upon any vehicle 101.18 when required for safety because of snow, ice, or other 101.19 conditions tending to cause a vehicle to skid. 101.20 (e) The commissioner and local authorities in their 101.21 respective jurisdictions may, in their discretion, issue special 101.22 permits authorizing the operation upon a highway of traction 101.23 engines or tractors having movable tracks with transverse 101.24 corrugations upon the periphery of the movable tracks or farm 101.25 tractors or other farm machinery, the operation of which upon a 101.26 highway would otherwise be prohibited under this chapter. 101.27 Subd. 2. [OCCASIONAL USE OF STUDDED TIRES BY 101.28 NONRESIDENTS.] Notwithstanding the provisions of subdivision 1, 101.29 a person, operating a motor vehicle properly licensed and 101.30 registered in another state or province of a foreign country 101.31 that authorizes the use of tires with metal studs or wire 101.32 embedded tires on its highways, may operate the motor vehicle 101.33 with tires having metal type studs or with tires having wire 101.34 embedded therein on the highways of this state while 101.35 occasionally within the state, and such use while occasionally 101.36 within the state is not unlawful. However: 102.1 (a) the metal type studs shall not exceed 5/16 of an inch 102.2 in diameter inclusive of the stud casing with an average 102.3 protrusion beyond the tread surface of not more than 7/64 of an 102.4 inch; 102.5 (b) the number of studs in a tire shall not exceed two 102.6 percent of the total net contact area; 102.7 (c) use of a vehicle in this state on more than 30 days in 102.8 any consecutive six-month period is not occasionally; and 102.9 (d) a person whose regular place of employment is within 102.10 the state or who is a student at an educational institution 102.11 located within the state, shall not operate a vehicle, 102.12 regardless of its place of registration, upon any highway within 102.13 the state if the vehicle is equipped with tires that would be 102.14 unauthorized were the vehicle registered in this state. 102.15 Sec. 38. [169F.64] [RURAL POSTAL CARRIER USE OF STUDDED 102.16 TIRES.] 102.17 Subdivision 1. [PERMIT FOR RURAL POSTAL CARRIER.] (a) A 102.18 rural mail carrier of the United States postal service may apply 102.19 to the commissioner for a permit to operate a rural mail 102.20 delivery vehicle with tires having metal studs. An applicant 102.21 must submit with the application for the permit: 102.22 (1) verification that the applicant is employed as a United 102.23 States postal carrier; 102.24 (2) a map showing the applicant's mail delivery route; and 102.25 (3) identification of the vehicle the applicant uses on 102.26 that mail delivery route. 102.27 (b) The commissioner may issue the permit if the 102.28 commissioner determines that: 102.29 (1) the applicant is employed as a United States postal 102.30 carrier; and 102.31 (2) less than 25 percent of the total mileage on the 102.32 applicant's mail delivery route is paved. 102.33 (c) A permit under this subdivision is valid beginning 102.34 November 1 of a calendar year and expires on April 15 of the 102.35 following calendar year. 102.36 (d) A permit under this subdivision authorizes the permit 103.1 holder to operate a motor vehicle equipped with tires having 103.2 metal studs that meet the limitations in subdivision 4, while: 103.3 (1) traveling between the permit holder's residence and a 103.4 mail pickup station; and 103.5 (2) delivering United States mail on the permit holder's 103.6 delivery route as shown in the map accompanying the permit 103.7 application. 103.8 (e) The permit is valid only for the vehicle identified in 103.9 the permit. 103.10 (f) The commissioner may amend a permit under this 103.11 subdivision when: 103.12 (1) the permit holder submits evidence of a change in the 103.13 permit holder's mail delivery route; or 103.14 (2) the permit holder changes vehicles used in the route. 103.15 (g) The commissioner may revoke a permit when the 103.16 commissioner determines that: 103.17 (1) the vehicle named in the permit is or has been operated 103.18 in violation of this subdivision or the terms of the permit; or 103.19 (2) the commissioner determines that more than 25 percent 103.20 of the total mileage of the permit holder's mail delivery route 103.21 is paved. 103.22 Subd. 2. [REMOVAL OF STUDDED TIRES.] A permit holder under 103.23 this section must remove tires having metal studs from the 103.24 vehicle identified in the permit: 103.25 (a) by 12:01 a.m. on April 16 of each year; and 103.26 (b) whenever the permit holder transfers ownership of the 103.27 vehicle or ceases employment as a United States postal carrier. 103.28 Subd. 3. [PROHIBITION.] It is unlawful to operate a motor 103.29 vehicle identified in a permit in violation of this section or 103.30 the terms of a permit issued under this section. 103.31 Sec. 39. [169F.65] [TIRE STANDARDS.] 103.32 Subdivision 1. [RULES.] The commissioner shall promulgate 103.33 rules pursuant to chapter 14 providing for the safe operating 103.34 conditions of tires for use on passenger automobiles. The rules 103.35 shall be so promulgated that a law enforcement officer may 103.36 determine whether or not a tire is in compliance by visual 104.1 inspection or by the use of simple measuring gauges. The rules 104.2 shall be based on and include effects of tread wear and depth of 104.3 tread, and shall incorporate all of the provisions of 104.4 subdivision 2. 104.5 Subd. 2. [UNSAFE TIRES.] A tire shall be considered unsafe 104.6 if it has: 104.7 (a) any part of the ply or cord exposed; 104.8 (b) any bump, bulge, or separation; 104.9 (c) a tread design depth of less than 2/32 (1/16) of an 104.10 inch measured in the tread groove nearest the center of the tire 104.11 at three locations equally spaced around the circumference of 104.12 the tire, exclusive of tie bars or for those tires with tread 104.13 wear indicators; 104.14 (d) been worn to the level of the tread wear indicators in 104.15 any two tread grooves at three locations; 104.16 (e) a marking "not for highway use," or "for racing 104.17 purposes only," or "unsafe for highway use"; 104.18 (f) tread or sidewall cracks, cuts, or snags deep enough to 104.19 expose the body cords; or 104.20 (g) been regrooved or recut below the original tread design 104.21 depth, except special taxicab tires that have extra undertread 104.22 rubber and are identified as such. 104.23 Subd. 3. [ENFORCEMENT.] If a peace officer has reasonable 104.24 cause to believe that a passenger automobile is equipped with 104.25 tires in violation of the rules adopted under subdivision 1, the 104.26 officer may require the operator of the passenger automobile to 104.27 stop and submit the passenger automobile to an inspection. If 104.28 the inspection discloses that the tires of the passenger 104.29 automobile are in violation, the officer may issue a citation 104.30 for the violation, and the defect must be corrected as soon as 104.31 possible. 104.32 Sec. 40. [169F.67] [TIRE VIOLATIONS.] 104.33 Subdivision 1. [DRIVING WITH NONCOMPLYING TIRES.] No 104.34 person shall drive, move, or cause to be driven or moved any 104.35 passenger automobile upon any highway of this state, unless the 104.36 passenger automobile is equipped with tires in safe operating 105.1 condition in accordance with rules promulgated by the 105.2 commissioner. 105.3 Subd. 2. [SELLING PASSENGER AUTOMOBILE WITH NONCOMPLYING 105.4 TIRES.] No person or organization shall sell or offer for sale, 105.5 other than to a motor vehicle dealer, any passenger automobile 105.6 for use on the public highways of this state, unless the 105.7 passenger automobile is equipped with tires that are in 105.8 compliance with the rules promulgated by the commissioner under 105.9 authority of section 169F.65, subdivision 1. If the tires are 105.10 not in compliance with the rules, the person or organization 105.11 selling or offering to sell the passenger automobile shall 105.12 cause, prior to sale, the tires to be removed from the vehicle 105.13 and shall equip the vehicle with tires that are in compliance 105.14 with the rules; unless the vehicle is towed or hauled away. 105.15 Subd. 3. [SELLING NONCOMPLYING TIRES.] No person, firm, 105.16 corporation, or organization shall sell or offer for sale, other 105.17 than to a tire dealer, tires for highway use not in compliance 105.18 with the rules promulgated by the commissioner. 105.19 Sec. 41. [169F.675] [INFRACTION VIOLATION OF TIRE 105.20 PROVISION.] 105.21 Any person who violates section 169F.67 is guilty of an 105.22 infraction. 105.23 Sec. 42. [169F.69] [BUMPERS, SAFEGUARDS.] 105.24 Subdivision 1. [BUMPER REQUIREMENT.] All private passenger 105.25 vehicles shall be equipped with front and rear bumpers, except 105.26 that pickup trucks and vans shall be equipped with front bumpers 105.27 and with either rear bumpers or reflectors. 105.28 Subd. 2. [BUMPER RESTRICTIONS.] No person shall operate a 105.29 private passenger vehicle that: 105.30 (a) was originally equipped with bumpers as standard 105.31 equipment, unless the vehicle is equipped with bumpers equal to 105.32 the original equipment; or 105.33 (b) has a suspension system or body so modified that the 105.34 height of the vehicle or any bumpers varies more than six inches 105.35 from the original manufactured height for the vehicle. 105.36 Subd. 3. [MAXIMUM BUMPER HEIGHT.] (a) Notwithstanding the 106.1 restrictions contained in subdivision 2, bumpers required under 106.2 this section shall not exceed a height of: 106.3 (1) 20 inches on any passenger automobile or station wagon; 106.4 or 106.5 (2) 25 inches on any four-wheel drive multipurpose type 106.6 vehicle, van as defined in section 168.011, subdivision 28, or 106.7 pickup truck as defined in section 168.011, subdivision 29, when 106.8 the vehicle is being operated on a public highway. 106.9 (b) The height of the bumper shall be determined by 106.10 measuring from the bottom of the bumper, excluding any vertical 106.11 bumper attachments, to the ground. A vehicle that has an 106.12 original bumper that does not exceed a height of 30 inches may 106.13 be modified by attaching a full width bumper to the regular 106.14 bumper to meet the height requirement. The attached bumper must 106.15 be at least 4.5 inches in vertical height, be centered on the 106.16 vehicle's centerline, extend at least ten inches on either side 106.17 of the frame, and be attached to the frame in at least four 106.18 places with angle braces at no less than 45 degrees so that it 106.19 effectively transfers impact to an extent equal to or greater 106.20 than the original bumper. 106.21 (c) Competent evidence that a vehicle was originally 106.22 manufactured with bumpers higher than prescribed in this 106.23 subdivision shall be an affirmative defense in any action under 106.24 this section. 106.25 Subd. 4. [REAR-END PROTECTION FOR OTHER VEHICLES.] (a) 106.26 Vehicles other than private passenger vehicles, collector 106.27 vehicles, collector military vehicles, and other vehicles 106.28 specifically exempted by law from the requirements must meet the 106.29 rear-end protection requirements of federal motor carrier 106.30 regulations, Code of Federal Regulations, title 49, section 106.31 393.86. 106.32 (b) Notwithstanding contrary regulations cited in paragraph 106.33 (a), a truck tractor and semitrailer combination with a 106.34 semitrailer length longer than 50 feet whose frame or body 106.35 extends more than 36 inches beyond the rear of its rearmost axle 106.36 must not be operated on the highways of this state unless 107.1 equipped with a bumper or underride guard on the extreme rear of 107.2 the frame or body. The bumper or underride guard must: 107.3 (1) provide a continuous horizontal beam having a maximum 107.4 ground clearance of 22 inches, as measured with the vehicle 107.5 empty and on level ground; and 107.6 (2) extend to within four inches of the lateral extremities 107.7 of the semitrailer on both left and right sides. 107.8 Sec. 43. [169F.71] [WHEEL FLAPS ON TRUCKS AND TRAILERS.] 107.9 Subdivision 1. [VEHICLES GENERALLY.] Every truck, trailer, 107.10 semitrailer, pole trailer, and rear-end dump truck, excepting 107.11 rear-end dump farm trucks and military vehicles of the United 107.12 States, shall be provided with wheel flaps or other suitable 107.13 protection above and behind the rearmost wheels of the vehicle 107.14 or combination of vehicles to prevent, as far as practicable, 107.15 the wheels from throwing dirt, water, or other materials on the 107.16 windshields of vehicles that follow. The flaps or protectors 107.17 shall be at least as wide as the tires they are protecting and 107.18 shall have a ground clearance of not more than one-fifth of the 107.19 horizontal distance from the center of the rearmost axle to the 107.20 flap under any conditions of loading or operation of the motor 107.21 vehicle. 107.22 Subd. 2. [VEHICLE WITH CONVEYOR BELT.] For a dump truck or 107.23 truck with a rigid box fastened to its frame and having a 107.24 conveyor belt or chain in the bottom of the vehicle that moves 107.25 the cargo to the rear end of the vehicle, the flaps shall be 107.26 mounted as far to the rear of the vehicle as practicable and 107.27 shall have a ground clearance of not more than 18 inches when 107.28 the vehicle is loaded. 107.29 Subd. 3. [BOTTOM-DUMP VEHICLES.] A bottom-dump cargo 107.30 vehicle transporting sand, gravel, aggregate, dirt, lime rock, 107.31 silica, or similar material must be equipped with flaps that are 107.32 mounted to the rear of the axles, cover the entire width of the 107.33 vehicle, and have a ground clearance of six inches or less when 107.34 the vehicle is fully loaded. 107.35 Subd. 4. [ALTERNATIVE REQUIREMENTS.] If the motor vehicle 107.36 is so designed and constructed that the above requirements are 108.1 accomplished by means of body construction or other means of 108.2 enclosure, then no such protectors or flaps shall be required. 108.3 Subd. 5. [EXTENDED FLAPS.] If the rear wheels are not 108.4 covered at the top by fenders, body, or other parts of the 108.5 vehicle, the flap or other protective means shall be extended at 108.6 least to a point directly above the center of the rearmost axle. 108.7 Subd. 6. [LAMPS OR WIRING.] Lamps or wiring shall not be 108.8 attached to fender flaps. 108.9 Sec. 44. [169F.73] [WHEEL DEVICES ON AUTOMOBILES.] 108.10 Every passenger automobile shall have fenders, or other 108.11 devices, that are designed to prevent, as far as practicable, 108.12 water, dirt, or other material being thrown up and to the rear 108.13 by the wheels of the vehicle. 108.14 Sec. 45. [169F.75] [SAFETY GLASS.] 108.15 Subdivision 1. [REQUIRED.] No person shall sell any new 108.16 motor vehicle, nor shall any new motor vehicle be registered 108.17 thereafter, unless the vehicle is equipped with safety glass 108.18 wherever glass is used in doors, windows, and windshields. 108.19 Subd. 2. [REPLACEMENTS.] All glass replacement in doors, 108.20 windows, and windshields or partitions of motor vehicles shall 108.21 be made with materials meeting the requirements of this chapter 108.22 for safety glass if glass is used therefor. 108.23 Subd. 3. [OTHER MATERIAL PROHIBITED.] No glazing material 108.24 other than of a type meeting the requirements of this chapter 108.25 shall be sold, offered for sale, offered for use, or used for 108.26 installation in doors, windows, or windshields of motor vehicles 108.27 or of passenger-carrying trailers or semitrailers. 108.28 Subd. 4. [FROSTSHIELDS.] Nothing in this section shall be 108.29 construed to include frostshields. 108.30 Sec. 46. [169F.77] [BUG DEFLECTORS.] 108.31 Subdivision 1. [GENERALLY.] Bug deflectors shall be 108.32 permitted but not required on motor vehicles. 108.33 Subd. 2. [SELLING OR USING ILLUMINATED DEFLECTOR.] No bug 108.34 deflector shall be sold, offered for sale, or used that is 108.35 composed of other than nonilluminated material. 108.36 Subd. 3. [OPERATING MOTOR VEHICLE WITH NONTRANSPARENT 109.1 DEFLECTOR.] No person shall operate any motor vehicle equipped 109.2 with a bug deflector of nontransparent material having more than 109.3 one inch of material extending above the highest part of the 109.4 hood, excluding any decorative ornament. 109.5 Subd. 4. [OPERATING MOTOR VEHICLE WITH TRANSPARENT 109.6 DEFLECTOR.] No person shall operate any motor vehicle equipped 109.7 with a bug deflector of transparent material having more than 109.8 three inches of material extending above the highest part of the 109.9 hood, excluding any decorative ornament. However, trucks and 109.10 truck-tractors of 12,000 pounds gross vehicle weight or larger 109.11 may be operated with a clear, uncolored bug deflector extending 109.12 no more than six inches above the highest part of the hood, 109.13 excluding any decorative ornament. 109.14 Sec. 47. [169F.79] [FLARES, FLAGS, AND REFLECTORS.] 109.15 Subdivision 1. [NUMBER REQUIRED.] No person shall operate 109.16 any motor vehicle towing a travel trailer, any passenger bus, or 109.17 any other motor vehicle or combination of vehicles of an actual 109.18 gross weight or manufacturer's rated gross weight of more than 109.19 10,000 pounds at any location upon an interstate highway or 109.20 freeway or upon any other highway outside of a business or 109.21 residence district at any time from a half hour after sunset to 109.22 a half hour before sunrise, unless there shall be carried in the 109.23 vehicle the following equipment, each unit of which shall be 109.24 capable of being seen and distinguished at a distance of 500 109.25 feet under normal atmospheric conditions at nighttime: 109.26 (a) at least three flares; 109.27 (b) at least three red electric lanterns; 109.28 (c) at least three emergency reflective triangles; or 109.29 (d) at least three portable red reflector devices. 109.30 Subd. 2. [FLAMMABLES.] (a) No person shall at any time 109.31 operate a motor vehicle transporting flammable liquids in bulk 109.32 or compressed flammable gases as cargo or part of cargo upon a 109.33 highway unless it carries the following equipment to be used in 109.34 lieu of flares: 109.35 (1) three red electric lanterns; 109.36 (2) three emergency reflective triangles; or 110.1 (3) three portable red reflector devices. 110.2 (b) No open burning flares shall be carried on or placed 110.3 adjacent to the vehicle. 110.4 Subd. 3. [FLAGS AND REFLECTORS.] (a) No person shall 110.5 operate any motor vehicle towing a travel trailer, any passenger 110.6 bus, or any other motor vehicle or combination of vehicles of an 110.7 actual gross weight or manufacturer's rated gross weight of more 110.8 than 10,000 pounds at any location upon any interstate highway 110.9 or freeway or upon any other highway outside of a business or 110.10 residence district unless there shall be carried in the vehicle 110.11 at least: 110.12 (1) three emergency reflective triangles; or 110.13 (2) two red, yellow, or orange flags not less than 12 110.14 inches square. 110.15 (b) The triangles or flags shall be displayed at any time 110.16 from one-half hour before sunrise to one-half hour after sunset 110.17 under circumstances that would require the use of warning lights 110.18 at night and in the manner and position governing the use of 110.19 warning lights as prescribed in subdivision 5. However, a flag 110.20 or reflector is not required to be displayed at the ten foot 110.21 distance. 110.22 Subd. 4. [APPROVED TYPE.] Every flare, lantern, signal, 110.23 reflective triangle, or reflector required in this section shall 110.24 be of a type approved by the commissioner. 110.25 Subd. 5. [WHEN USED.] (a) When any vehicle subject to the 110.26 provisions of subdivision 1 or 3 is disabled upon the roadway or 110.27 shoulder at any location upon an interstate highway or freeway, 110.28 or upon any other highway outside of a business or residence 110.29 district during the period when lighted lamps must be displayed 110.30 on vehicles and the motor vehicle cannot immediately be removed 110.31 from the main traveled portion of the highway or from the 110.32 shoulder, the driver or other person in charge of the vehicle 110.33 shall promptly cause flares, lanterns, or other signals to be 110.34 lighted and placed as warning lights upon the highway. 110.35 (b) Subject to paragraphs (c) and (d), the driver or other 110.36 person in charge shall place the warning signals as follows: 111.1 (1) one at the traffic side of the standing vehicle 111.2 approximately ten feet rearward or forward thereof in the 111.3 direction of greatest hazard to traffic; 111.4 (2) one at a distance of approximately 100 feet to the rear 111.5 of the vehicle in the center of the lane occupied by the 111.6 vehicle; and 111.7 (3) one at a distance of approximately 100 feet to the 111.8 front of the vehicle in the center of the traffic lane occupied 111.9 by the vehicle. 111.10 (c) If disablement of any vehicle occurs within 500 feet of 111.11 a curve, crest of a hill, or other obstruction to view, the 111.12 driver or other person in charge shall so place the warning 111.13 signal in that direction so as to offer ample warning to other 111.14 users of the highway but in no case less than 100 feet nor more 111.15 than 500 feet from the disabled vehicle. 111.16 (d) If disablement of the vehicle occurs upon the roadway 111.17 or shoulder of any one-way roadway of any highway, the driver or 111.18 other person in charge shall place the warning signals as 111.19 follows: 111.20 (1) one at the traffic side of the vehicle not more than 111.21 ten feet to the rear of the vehicle; 111.22 (2) one 100 feet to the rear of the vehicle in the center 111.23 of the lane occupied by the standing vehicle; and 111.24 (3) one at a distance of approximately 200 feet to the rear 111.25 of the vehicle. 111.26 TRANSPORTING PRESSURIZED GAS 111.27 Sec. 48. [169F.81] [PRESSURIZED FLAMMABLE GAS.] 111.28 Subdivision 1. [MARKING REQUIRED.] Any vehicle within this 111.29 state that carries liquefied petroleum gas fuel or natural gas 111.30 in a tank attached to the vehicle in any concealed area, 111.31 including but not limited to trunks, compartments, or under the 111.32 vehicle, shall display on the exterior of the vehicle the words 111.33 "Pressurized Flammable Gas," or a standard abbreviation or 111.34 symbol as determined by the department, in block letters at 111.35 least two inches high. The letters shall be of contrasting 111.36 colors and shall be placed as near as possible to the area where 112.1 the tank is located. 112.2 Subd. 2. [DISPENSING PROHIBITION.] No person shall 112.3 dispense liquefied petroleum gas fuel or natural gas into any 112.4 tank in a concealed area of a vehicle unless the vehicle is in 112.5 compliance with the requirements of subdivision 1. 112.6 Sec. 49. [169F.815] [THIRD DEGREE MISDEMEANOR PRESSURIZED 112.7 FLAMMABLE GAS VIOLATION.] 112.8 Any owner convicted of violating section 169F.81 is guilty 112.9 of a third degree misdemeanor. 112.10 VEHICLE INSPECTIONS 112.11 Sec. 50. [169F.83] [COMMERCIAL MOTOR VEHICLE INSPECTION 112.12 SPECIAL DEFINITIONS.] 112.13 Subdivision 1. [COMMERCIAL MOTOR VEHICLE.] For purposes of 112.14 sections 169F.85 to 169F.91: 112.15 (a) "commercial motor vehicle" means: 112.16 (1) a commercial motor vehicle as defined in section 112.17 169A.05; and 112.18 (2) each vehicle in a combination of more than 26,000 112.19 pounds; and 112.20 (b) "commercial motor vehicle" does not include: 112.21 (1) a school bus or Head Start bus displaying a certificate 112.22 under section 169E.51; 112.23 (2) a bus operated by the metropolitan council or by a 112.24 local transit commission created in chapter 458A; or 112.25 (3) a motor vehicle with a gross weight of not more than 112.26 26,000 pounds, carrying in bulk tanks a total of not more than 112.27 200 gallons of petroleum products or liquid fertilizer or 112.28 pesticide. 112.29 Subd. 2. [OWNER.] "Owner" means a person who owns, or has 112.30 control, under a lease of more than 30 days' duration, of one or 112.31 more commercial motor vehicles. 112.32 Sec. 51. [169F.85] [SPOT CHECKS OF COMMERCIAL MOTOR 112.33 VEHICLES.] 112.34 Subdivision 1. [INSPECTION PROGRAM.] The intent of this 112.35 section is to establish a motor vehicle inspection program 112.36 administered by the commissioner of public safety evidencing 113.1 substantial compliance with the Federal Highway Safety Act. 113.2 Subd. 2. [INSPECTIONS BY STATE TROOPERS.] The commissioner 113.3 of public safety is directed to accelerate spot check 113.4 inspections for unsafe commercial motor vehicles and commercial 113.5 motor vehicle equipment. These inspections shall be conducted 113.6 by the personnel of the state patrol. 113.7 Subd. 3. [RULES.] The commissioner of public safety may 113.8 establish reasonable rules as are necessary to carry out the 113.9 provisions of this section, but all spot check inspections shall 113.10 be held in such a manner that the commercial motor vehicle 113.11 operators shall not be unnecessarily inconvenienced either by 113.12 extended detours, unnecessary delays, or any other unreasonable 113.13 cause. 113.14 Subd. 4. [IMPLIED CONSENT TO INSPECTION.] Use of the 113.15 highways of this state by a commercial vehicle constitutes 113.16 consent to spot check inspections as provided in this section. 113.17 Sec. 52. [169F.87] [ANNUAL INSPECTION OF COMMERCIAL MOTOR 113.18 VEHICLE.] 113.19 Subdivision 1. [INSPECTION REQUIRED.] It is unlawful for a 113.20 person to operate or permit the operation of a commercial motor 113.21 vehicle registered in Minnesota unless: 113.22 (a) the vehicle displays a valid safety inspection decal 113.23 issued by an inspector certified by the commissioner; or 113.24 (b) the vehicle carries: 113.25 (1) proof that the vehicle complies with federal motor 113.26 vehicle inspection requirements for vehicles in interstate 113.27 commerce; and 113.28 (2) a certificate of compliance with federal requirements 113.29 issued by the commissioner under subdivision 7. 113.30 Subd. 2. [INSPECTOR CERTIFICATION; SUSPENSION AND 113.31 REVOCATION; HEARING.] (a) An inspection required by this section 113.32 may be performed only by: 113.33 (1) an employee of the department of public safety or 113.34 transportation who has been certified by the commissioner after 113.35 having received training provided by the state patrol; or 113.36 (2) another person who has been certified by the 114.1 commissioner after having received training provided by the 114.2 state patrol or other training approved by the commissioner. 114.3 (b) A person who is not an employee of the department of 114.4 public safety or transportation may be certified by the 114.5 commissioner if the person is: 114.6 (1) an owner, or employee of the owner, of one or more 114.7 commercial motor vehicles that are power units; 114.8 (2) a dealer licensed under section 168.27 and engaged in 114.9 the business of buying and selling commercial motor vehicles, or 114.10 an employee of the dealer; or 114.11 (3) engaged in the business of repairing and servicing 114.12 commercial motor vehicles. 114.13 (c) Certification of persons described in paragraph (b), 114.14 clauses (1) to (3), is effective for two years from the date of 114.15 certification. The commissioner may require biennial retraining 114.16 of persons holding a certificate under this paragraph as a 114.17 condition of renewal of the certificate. The commissioner may 114.18 charge a fee of not more than $10 for each certificate issued 114.19 and renewed. A certified person described in paragraph (b), 114.20 clauses (1) to (3), may charge a fee of not more than $50 for 114.21 each inspection of a vehicle not owned by the person or the 114.22 person's employer. 114.23 (d) Except as otherwise provided in subdivision 4, the 114.24 standards adopted by the commissioner for commercial motor 114.25 vehicle inspections under sections 169F.83 to 169F.91 shall be 114.26 the standards prescribed in Code of Federal Regulations, title 114.27 49, section 396.17, and in chapter III, subchapter B, appendix G. 114.28 The commissioner may classify types of vehicles for inspection 114.29 purposes and may issue separate classes of inspector 114.30 certificates for each class. 114.31 (e) The commissioner shall issue separate categories of 114.32 inspector certificates based on the following classifications: 114.33 (1) a class of certificate that authorizes the certificate 114.34 holder to inspect commercial motor vehicles without regard to 114.35 ownership or lease; and 114.36 (2) a class of certificate that authorizes the certificate 115.1 holder to inspect only commercial motor vehicles the certificate 115.2 holder owns or leases. 115.3 (f) The commissioner shall issue a certificate described in 115.4 paragraph (e), clause (1), only to a person described in 115.5 paragraph (b), clause (2) or (3). 115.6 (g) The commissioner, after notice and an opportunity for a 115.7 hearing, may suspend a certificate issued under paragraph (b) 115.8 for failure to meet annual certification requirements prescribed 115.9 by the commissioner or failure to inspect commercial motor 115.10 vehicles in accordance with inspection procedures established by 115.11 the state patrol. The commissioner shall revoke a certificate 115.12 issued under paragraph (b) if the commissioner determines after 115.13 notice and an opportunity for a hearing that the certified 115.14 person issued an inspection decal for a commercial motor vehicle 115.15 when the person knew or reasonably should have known that the 115.16 vehicle was in such a state of repair that it would have been 115.17 declared out of service if inspected by an employee of the state 115.18 patrol. Suspension and revocation of certificates under this 115.19 subdivision are not subject to sections 14.57 to 14.69. 115.20 Subd. 3. [INSPECTION REPORTS.] (a) A person performing an 115.21 inspection under this section shall issue an inspection report 115.22 to the owner of the commercial motor vehicle inspected. The 115.23 report must include: 115.24 (1) the full name of the person performing the inspection, 115.25 and the person's inspector certification number; 115.26 (2) the name of the owner of the vehicle and, if 115.27 applicable, the United States Department of Transportation 115.28 carrier number issued to the owner of the vehicle, or to the 115.29 operator of the vehicle if other than the owner; 115.30 (3) the vehicle identification number and, if applicable, 115.31 the license plate number of the vehicle; 115.32 (4) the date and location of the inspection; 115.33 (5) the vehicle components inspected and a description of 115.34 the findings of the inspection, including identification of the 115.35 components not in compliance with federal motor carrier safety 115.36 regulations; and 116.1 (6) the inspector's certification that the inspection was 116.2 complete, accurate, and in compliance with the requirements of 116.3 this section. 116.4 (b) The owner must retain a copy of the inspection report 116.5 for at least 14 months at a location in the state where the 116.6 vehicle is domiciled or maintained. The inspector must maintain 116.7 a copy of the inspection report for a period of 14 months 116.8 following the inspection in a location in the state where the 116.9 inspector conducts business. During this period the report must 116.10 be available for inspection by an authorized federal, state, or 116.11 local official. 116.12 (c) The commissioner shall prescribe the form of the 116.13 inspection report and revise it as necessary to comply with 116.14 state and federal law and regulations. The adoption of the 116.15 report form is not subject to the administrative procedure act. 116.16 Subd. 4. [INSPECTION DECALS.] (a) A person inspecting a 116.17 commercial motor vehicle shall issue an inspection decal for the 116.18 vehicle if each inspected component of the vehicle complies with 116.19 federal motor carrier safety regulations. The decal must state 116.20 that in the month specified on the decal the vehicle was 116.21 inspected and each inspected component complied with federal 116.22 motor carrier safety regulations. The decal is valid for 12 116.23 months after the month specified on the decal. The 116.24 commissioners of public safety and transportation shall make 116.25 decals available, at a fee of not more than $2 for each decal, 116.26 to persons certified to perform inspections under subdivision 2, 116.27 paragraph (b). 116.28 (b) Minnesota inspection decals may be affixed only to 116.29 commercial motor vehicles bearing Minnesota-based license plates. 116.30 (c) Notwithstanding paragraph (a), unless a vehicle has one 116.31 or more defects that would result in the vehicle being declared 116.32 out of service under the North American Uniform Driver, Vehicle, 116.33 and Hazardous Materials Out-of-Service Criteria issued by the 116.34 federal highway administration and the commercial motor vehicle 116.35 safety alliance a person inspecting a vehicle must issue an 116.36 inspection decal to the vehicle if the vehicle is: 117.1 (1) a vehicle of less than 57,000 pounds gross vehicle 117.2 weight and registered as a farm truck; 117.3 (2) a storage semitrailer; or 117.4 (3) a building mover vehicle. 117.5 (d) A decal issued to a vehicle described in paragraph (c), 117.6 clause (1), (2), or (3), is valid for two years after the date 117.7 of issuance. A decal issued to such a vehicle must clearly 117.8 indicate that it is valid for two years after the date of 117.9 issuance. 117.10 (e) Notwithstanding paragraph (a), a commercial motor 117.11 vehicle that has a dual transmission system is not required to 117.12 comply with a requirement in an inspection standard that 117.13 requires that the service brake system and parking brake system 117.14 be separate systems in the motor vehicle, if the motor vehicle: 117.15 (1) is registered as a farm truck; 117.16 (2) is not operated more than 75 miles from the owner's 117.17 home post office; and 117.18 (3) was manufactured before 1979. 117.19 Subd. 5. [REVIEWS; RANDOM INSPECTIONS; AUDITS.] Employees 117.20 of the state patrol and motor transportation representatives of 117.21 the department of transportation may review records required to 117.22 be kept under subdivision 3, paragraph (b), and conduct random 117.23 vehicle inspections and audits at the facility of an owner of a 117.24 commercial motor vehicle. 117.25 Subd. 6. [DISPOSITION OF REVENUES.] The commissioner shall 117.26 pay all revenues received under this section to the state 117.27 treasurer for deposit in the trunk highway fund. 117.28 Subd. 7. [PROOF OF FEDERAL INSPECTION.] An owner of a 117.29 commercial motor vehicle that is subject to and in compliance 117.30 with federal motor vehicle inspection requirements for vehicles 117.31 in interstate commerce may apply to the commissioner for a 117.32 certificate of compliance with federal requirements. On payment 117.33 of a fee equal to the fee for an inspection decal under 117.34 subdivision 4, paragraph (a), the commissioner shall issue the 117.35 certificate to the applicant. 117.36 Sec. 53. [169F.875] [THIRD DEGREE MISDEMEANOR COMMERCIAL 118.1 MOTOR VEHICLE ANNUAL INSPECTION VIOLATION.] 118.2 Whoever violates section 169F.87, subdivision 1 or 3, 118.3 paragraph (b), is guilty of a third degree misdemeanor. 118.4 Sec. 54. [169F.89] [DAILY INSPECTION OF COMMERCIAL MOTOR 118.5 VEHICLE.] 118.6 Subdivision 1. [DRIVER'S DAILY INSPECTION REPORT.] (a) The 118.7 driver of a commercial motor vehicle shall report in writing at 118.8 the completion of each day's work on each commercial motor 118.9 vehicle the driver has operated. 118.10 (b) A person who owns one or more commercial motor vehicles 118.11 and who employs drivers for those commercial motor vehicles must 118.12 require each driver to report as required in this section. 118.13 (c) The report must cover the following parts and 118.14 accessories: 118.15 (1) service brakes, including trailer and semitrailer brake 118.16 connections; 118.17 (2) parking (hand) brake; 118.18 (3) steering mechanism; 118.19 (4) lighting devices and reflectors; 118.20 (5) tires; 118.21 (6) horn; 118.22 (7) windshield wiper or wipers; 118.23 (8) rear vision mirror or mirrors; 118.24 (9) coupling devices; 118.25 (10) wheels and rims; and 118.26 (11) emergency equipment. 118.27 (d) The report must identify the vehicle and list any 118.28 defect or deficiency discovered by or reported to the driver 118.29 that would affect the safe operation of the vehicle or result in 118.30 its mechanical breakdown. If no defect or deficiency is 118.31 discovered by or reported to the driver, the report must so 118.32 indicate. The driver must sign the report after completing it. 118.33 In the case of a commercial motor vehicle operated by two 118.34 drivers, the signature of one of the drivers satisfies the 118.35 requirements of this subdivision if both drivers agree 118.36 concerning the defects or deficiencies. If a driver operates 119.1 more than one commercial motor vehicle during a day's work, a 119.2 report must be prepared for each vehicle operated. 119.3 (e) Before operating or allowing the operation of a 119.4 commercial motor vehicle on which a report has been prepared 119.5 under this subdivision, the owner of the vehicle or the owner's 119.6 agent must repair defects or deficiencies listed on the report 119.7 that would be sufficient under inspection procedures established 119.8 by the state patrol to require the vehicle to be declared out of 119.9 service. 119.10 (f) Before allowing the commercial motor vehicle to be 119.11 operated again, the owner or the owner's agent must certify, on 119.12 the report listing the defect or deficiency, that the defect or 119.13 deficiency has been corrected or that correction is unnecessary. 119.14 (g) A motor carrier must keep the original vehicle 119.15 inspection report for at least three months after the date of 119.16 inspection. The report must be available for inspection by an 119.17 authorized federal, state, or local official at any time during 119.18 this period. 119.19 (h) A copy of the vehicle inspection report, including a 119.20 certification of corrections resulting from the report, must be 119.21 carried in the commercial motor vehicle, or in the power unit of 119.22 a commercial motor vehicle combination, at all times when the 119.23 vehicle or power unit is operated until the next inspection 119.24 report is completed under this subdivision. The copy must be 119.25 made available on demand to: 119.26 (1) a peace officer; 119.27 (2) a person authorized under section 221.221; and 119.28 (3) a person described in section 299D.06. 119.29 Subd. 2. [DRIVERS; PRETRIP INSPECTION.] (a) Before driving 119.30 a commercial motor vehicle, a driver must: 119.31 (1) review the most recent vehicle inspection report on the 119.32 vehicle; 119.33 (2) determine that the vehicle is in safe operating 119.34 condition; and 119.35 (3) sign the inspection report in the vehicle. 119.36 (b) The driver shall sign the report only if all defects 120.1 and deficiencies listed in the report have been certified as 120.2 having been corrected or as not requiring correction. 120.3 (c) If the commercial motor vehicle does not contain the 120.4 previous day's inspection report, the driver must make the 120.5 inspection and complete the report required under subdivision 1. 120.6 Subd. 3. [OPERATION PROHIBITED.] It is unlawful to drive 120.7 or to cause another person to drive a commercial motor vehicle 120.8 that does not contain a copy of an inspection report complying 120.9 with this section. 120.10 Subd. 4. [EXCEPTIONS.] (a) With the exception of 120.11 subdivision 2, paragraph (a), clause (2), this section does not 120.12 apply to a commercial motor vehicle that is a farm truck that 120.13 may be operated by a person not holding a commercial driver's 120.14 license. 120.15 (b) This section does not apply to a commercial motor 120.16 vehicle held for resale by a motor vehicle dealer licensed under 120.17 section 168.27. 120.18 Sec. 55. [169F.895] [THIRD DEGREE MISDEMEANOR COMMERCIAL 120.19 MOTOR VEHICLE DAILY INSPECTION VIOLATION.] 120.20 Whoever violates section 169F.89, subdivision 3, is guilty 120.21 of a third degree misdemeanor. 120.22 Sec. 56. [169F.91] [ACCIDENTS; REINSPECTION.] 120.23 Subdivision 1. [POSTCRASH INSPECTION.] A peace officer 120.24 responding to an accident involving a commercial motor vehicle 120.25 must immediately notify the state patrol if the accident results 120.26 in death, personal injury, or property damage to an apparent 120.27 extent of more than $4,400. It is unlawful for a person to 120.28 drive or cause to be driven a commercial motor vehicle after 120.29 such an accident unless: 120.30 (a) the vehicle has been inspected by a state trooper or 120.31 other person authorized to conduct inspections under section 120.32 169F.87, subdivision 2, paragraph (a), who is an employee of the 120.33 department of public safety or transportation, and the person 120.34 inspecting the vehicle has determined that the vehicle may 120.35 safely be operated; or 120.36 (b) a waiver has been granted under subdivision 2. 121.1 Subd. 2. [WAIVER.] A state trooper or other authorized 121.2 person called to the scene of an accident by a responding peace 121.3 officer under subdivision 1 may waive the inspection requirement 121.4 of that subdivision if the person determines that a postcrash 121.5 inspection is not needed or cannot be accomplished without 121.6 unreasonable delay. A person who grants a waiver must provide 121.7 to the driver of the commercial motor vehicle for which the 121.8 waiver is granted a written statement that the inspection has 121.9 been waived. The written statement must include the incident 121.10 report number assigned to the accident by the state patrol. 121.11 Sec. 57. [169F.915] [SECOND DEGREE MISDEMEANOR ACCIDENT 121.12 REINSPECTION VIOLATION.] 121.13 Whoever violates section 169F.91 is guilty of a second 121.14 degree misdemeanor. 121.15 Sec. 58. [169F.93] [LICENSE PLATES.] 121.16 Subdivision 1. [GENERALLY.] No person shall operate, 121.17 drive, or park a motor vehicle on any highway unless the vehicle 121.18 is registered in accordance with the laws of this state and has 121.19 the license plates for the current year only, except as provided 121.20 in section 168.12, subdivision 2f, as assigned to it by the 121.21 commissioner, conspicuously displayed thereon in a manner that 121.22 the view of any plate is not obstructed. If the vehicle is a 121.23 semitrailer, the license plate displayed must be assigned to the 121.24 registered owner and correlate to the certificate of title 121.25 documentation on file with the department and shall not display 121.26 a year indicator. If the vehicle is a motorcycle, motor 121.27 scooter, motorized bicycle, motorcycle sidecar, trailer, 121.28 semitrailer, or vehicle displaying a dealer plate, one plate 121.29 shall be displayed on the rear thereof; if the vehicle is a 121.30 truck-tractor, road-tractor or farm truck, as defined in section 121.31 168.011, subdivision 17, but excluding from that definition 121.32 semitrailers and trailers, one plate shall be displayed on the 121.33 front thereof; if it is any other kind of motor vehicle, one 121.34 plate shall be displayed on the front and one on the rear 121.35 thereof. 121.36 Subd. 2. [SECURE FASTENING.] All plates shall be securely 122.1 fastened so as to prevent them from swinging. 122.2 Subd. 3. [KEEPING PLATE UNOBSTRUCTED.] The person driving 122.3 the motor vehicle shall keep the plate legible and unobstructed 122.4 and free from grease, dust, or other blurring material so that 122.5 the lettering shall be plainly visible at all times. 122.6 Subd. 4. [COVERING LETTERS OR NUMBERS.] It is unlawful to 122.7 cover any assigned letters and numbers or the name of the state 122.8 of origin of a license plate with any material whatever, 122.9 including any clear or colorless material that affects the 122.10 plate's visibility or reflectivity. 122.11 Subd. 5. [POSITION OF MONTH AND YEAR OF EXPIRATION.] 122.12 License plates issued to vehicles registered under section 122.13 168.017 must display the month of expiration in the lower left 122.14 corner as viewed facing the plate and the year of expiration in 122.15 the lower right corner as viewed facing the plate. 122.16 ARTICLE 4 122.17 SIZE AND WEIGHT PROVISIONS 122.18 GENERAL PROVISIONS 122.19 Section 1. [169G.03] [VIOLATION UNLAWFUL.] 122.20 It is unlawful for a person to drive or move, or for the 122.21 owner to cause or knowingly permit to be driven or moved, on a 122.22 highway a vehicle or vehicles: 122.23 (a) of a size or weight exceeding the limitations stated in 122.24 this chapter; or 122.25 (b) otherwise in violation of this chapter. 122.26 Sec. 2. [169G.05] [MAXIMUM SIZE AND WEIGHT LAWFUL.] 122.27 The maximum size and weight of vehicles as prescribed in 122.28 this chapter shall be lawful throughout this state, and local 122.29 authorities shall have no power or authority to alter these 122.30 limitations except as express authority may be granted in this 122.31 chapter. 122.32 Sec. 3. [169G.07] [MANNER OF WEIGHING.] 122.33 Subdivision 1. [AXLES WEIGHED SEPARATELY.] (a) When all 122.34 the axles of a vehicle or combination of vehicles are weighed 122.35 separately the sum of the weights of the axles so weighed shall 122.36 be evidence of the total gross weight of the vehicle or 123.1 combination of vehicles so weighed. 123.2 (b) When each of the axles of any group that contains two 123.3 or more consecutive axles of a vehicle or combination of 123.4 vehicles have been weighed separately the sum of the weights of 123.5 the axles so weighed shall be evidence of the total gross weight 123.6 on the group of axles so weighed. 123.7 Subd. 2. [AXLES WEIGHED SEPARATELY AND TOGETHER.] When, in 123.8 any group of three or more consecutive axles of a vehicle or 123.9 combination of vehicles any axles have been weighed separately 123.10 and two or more axles consecutive to each other in the group 123.11 have been weighed together, the sum of the weights of the axles 123.12 weighed separately and the axles weighed together shall be 123.13 evidence of the total gross weight of the group of axles so 123.14 weighed. 123.15 GENERAL EXEMPTIONS 123.16 Sec. 4. [169G.11] [INAPPLICABILITY TO FIRE APPARATUS OR 123.17 VEHICLE WITH SPECIAL PERMIT.] 123.18 The provisions of this chapter governing size, weight, and 123.19 load shall not apply to fire apparatus, or to a vehicle operated 123.20 under the terms of a special permit issued as provided by law. 123.21 Sec. 5. [169G.13] [IMPLEMENTS OF HUSBANDRY.] 123.22 Subdivision 1. [EXEMPTION FROM SIZE, WEIGHT, LOAD 123.23 PROVISIONS.] Except as provided in this section and section 123.24 169G.43, the provisions of this chapter that govern size, 123.25 weight, and load do not apply to: 123.26 (a) a horse-drawn wagon while carrying a load of loose 123.27 straw or hay; 123.28 (b) a specialized vehicle resembling a low-slung trailer 123.29 having a short bed or platform, while transporting one or more 123.30 implements of husbandry; or 123.31 (c) an implement of husbandry while being driven or towed 123.32 at a speed of not more than 25 miles per hour if the implement 123.33 of husbandry: 123.34 (1) is owned, leased, or under the control of a farmer; 123.35 (2) is being operated on noninterstate roads or highways; 123.36 and 124.1 (3) is being operated within 75 miles of any farmland: 124.2 (i) owned, leased, or operated by the farmer; and 124.3 (ii) on which the farmer regularly uses the implement of 124.4 husbandry. 124.5 Subd. 2. [WEIGHT PER INCH OF TIRE WIDTH.] An implement of 124.6 husbandry that is not self-propelled and is equipped with 124.7 pneumatic tires may not be operated on a public highway with a 124.8 maximum wheel load that exceeds 500 pounds per inch of tire 124.9 width. 124.10 Subd. 3. [HITCHES.] A towed implement of husbandry must be 124.11 equipped with: 124.12 (a) safety chains that meet the requirements of section 124.13 169G.43, subdivision 3, paragraph (b); 124.14 (b) a regulation fifth wheel and kingpin assembly approved 124.15 by the commissioner of public safety; or 124.16 (c) a hitch pin or other hitching device with a retainer 124.17 that prevents accidental unhitching. 124.18 HEIGHT 124.19 Sec. 6. [169G.21] [HEIGHT LIMITATIONS.] 124.20 Subdivision 1. [GENERALLY.] Except as provided in 124.21 subdivision 2 or section 169G.71 or 169G.73, no vehicle unladen 124.22 or with load shall exceed a height of 13 feet six inches. 124.23 Subd. 2. [DOUBLE-DECK BUS.] A double-deck bus may not 124.24 exceed a height of 14 feet three inches. Any carrier operating 124.25 a double-deck bus exceeding 13 feet six inches shall obtain from 124.26 the commissioner, with respect to highways under the 124.27 commissioner's jurisdiction, and from local authorities, with 124.28 respect to highways under their jurisdiction, an annual permit 124.29 to operate the bus upon any highway under the jurisdiction of 124.30 the party granting the permit. Annual permits shall be issued 124.31 in accordance with applicable provisions of section 169G.71. 124.32 The fee for an annual permit issued by the commissioner is as 124.33 provided in section 169G.71, subdivision 7. 124.34 WIDTH 124.35 Sec. 7. [169G.31] [GENERAL WIDTH LIMITATIONS.] 124.36 Subdivision 1. [OUTSIDE WIDTH.] Except as provided in this 125.1 section or in section 169G.11 or 169G.13, the total outside 125.2 width of the following may not exceed 102 inches: 125.3 (a) a vehicle exclusive of rear view mirrors or load 125.4 securement devices that are not an integral part of the vehicle 125.5 and not exceeding three inches on each side; or 125.6 (b) a vehicle's load. 125.7 Subd. 2. [POLITICAL SUBDIVISION'S SEWAGE SLUDGE VEHICLE.] 125.8 (a) The outside width of a vehicle owned by a political 125.9 subdivision and used exclusively for the purpose of handling 125.10 sewage sludge from sewage treatment facilities to farm fields or 125.11 disposal sites, may not exceed 12 feet. 125.12 (b) A vehicle exceeding 102 inches in total outside width, 125.13 owned by a political subdivision and used for the purpose of 125.14 transporting or applying sewage sludge to farm fields or 125.15 disposal sites may not transport sludge for distances greater 125.16 than 15 miles, nor may it be used for transportation of sewage 125.17 sludge or return travel between the hours of sunset and sunrise, 125.18 or at any other time when visibility is impaired by weather, 125.19 smoke, fog, or other conditions rendering persons and vehicles 125.20 not clearly discernible on the highway at a distance of 500 feet. 125.21 Subd. 3. [LOW BED TRAILER OR EQUIPMENT DOLLY TRANSPORTING 125.22 FARM OR CONSTRUCTION EQUIPMENT.] The total outside width of a 125.23 low bed trailer or equipment dolly, and the load, used 125.24 exclusively for transporting farm machinery and construction 125.25 equipment may not exceed nine feet in width. A low bed trailer 125.26 or equipment dolly with a total outside width, including the 125.27 load, exceeding 102 inches may not be operated on any interstate 125.28 highway without first having obtained a permit for the operation 125.29 under section 169G.71. The vehicle must display 12-inch square 125.30 red flags as markers at the front and rear of the left side of 125.31 the vehicle. 125.32 Subd. 4. [TRACKLESS TROLLEY CAR OR BUS.] The total outside 125.33 width of a trackless trolley car or passenger motor bus, 125.34 operated exclusively in a city or contiguous cities in this 125.35 state, may not exceed nine feet. 125.36 Subd. 5. [LOAD ON PASSENGER VEHICLE.] No passenger-type 126.1 vehicle shall be operated on any highway with any load carried 126.2 thereon extending beyond the line of the fenders on the left 126.3 side of the vehicle nor extending more than six inches beyond 126.4 the line of the fenders on the right side thereof. 126.5 LENGTH 126.6 Sec. 8. [169G.41] [LENGTH LIMITATIONS.] 126.7 Subdivision 1. [LENGTH OF SINGLE VEHICLE; EXCEPTIONS.] (a) 126.8 Statewide, no single vehicle may exceed 40 feet in overall 126.9 length, including load and front and rear bumpers, except: 126.10 (1) mobile cranes, which may not exceed 48 feet in overall 126.11 length; and 126.12 (2) buses, which may not exceed 45 feet in overall length. 126.13 (b) Statewide, no semitrailer may exceed 48 feet in overall 126.14 length, including bumper and load, but excluding 126.15 non-cargo-carrying equipment, such as refrigeration units or air 126.16 compressors, necessary for safe and efficient operation and 126.17 located on the end of the semitrailer adjacent to the 126.18 truck-tractor. However, statewide, a single semitrailer may 126.19 exceed 48 feet, but not 53 feet, if the distance from the 126.20 kingpin to the centerline of the rear axle group of the 126.21 semitrailer does not exceed 41 feet. 126.22 (c) Statewide, no single trailer may have an overall length 126.23 exceeding 45 feet, including the tow bar assembly but exclusive 126.24 of rear bumpers that do not increase the overall length by more 126.25 than six inches. 126.26 (d) For determining compliance with this subdivision, the 126.27 length of the semitrailer or trailer must be determined 126.28 separately from the overall length of the combination of 126.29 vehicles. 126.30 (e) No semitrailer or trailer used in a three-vehicle 126.31 combination may have an overall length exceeding 28-1/2 feet, 126.32 exclusive of: 126.33 (1) non-cargo-carrying accessory equipment, including 126.34 refrigeration units or air compressors and upper coupler plates, 126.35 necessary for safe and efficient operation, located on the end 126.36 of the semitrailer or trailer adjacent to the truck or 127.1 truck-tractor; 127.2 (2) the tow bar assembly; and 127.3 (3) lower coupler equipment that is a fixed part of the 127.4 rear end of the first semitrailer or trailer. 127.5 Subd. 2. [NUMBER OF UNITS IN VEHICLE COMBINATIONS; 127.6 GENERALLY, EXCEPTIONS.] (a) Statewide, no combination of 127.7 vehicles coupled together may consist of more than two units, 127.8 except as provided in paragraph (b). 127.9 (b) Three-unit combinations may only be used as provided 127.10 for in subdivisions 3, paragraph (d), 4, 10, and 11. Further, 127.11 vehicles transporting milk from the point of production to the 127.12 point of first processing may consist of no more than three 127.13 units. Mount combinations, consisting of a truck or 127.14 truck-tractor transporting similar vehicles by having the front 127.15 axle of the transported vehicle mounted onto the center of the 127.16 rear part of the preceding vehicle, may be used. 127.17 Subd. 3. [LENGTH OF VEHICLE COMBINATIONS.] (a) Statewide, 127.18 except on the highways identified under provisions in paragraph 127.19 (d), no combination of vehicles may exceed a total length of 75 127.20 feet. 127.21 (b) However, the total length limitation does not apply to 127.22 combinations of vehicles transporting: 127.23 (1) telephone poles, electric light and power poles, 127.24 piling, or pole length pulpwood; or 127.25 (2) pipe or other objects by a public utility when required 127.26 for emergency or repair of public service facilities or when 127.27 operated under special permits as provided in section 169G.71. 127.28 (c) Combinations of vehicles under paragraph (b) must be 127.29 equipped with sufficient clearance markers, or lamps for night 127.30 transportation, on both sides and upon the extreme ends of a 127.31 projecting load to clearly mark the dimensions of the load. 127.32 (d) The following combination of vehicles regularly engaged 127.33 in the transportation of commodities may operate only on divided 127.34 highways having four or more lanes of travel, and on other 127.35 highways as may be designated by the commissioner subject to 127.36 section 169G.61, subdivision 1, and subject to the approval of 128.1 the authority having jurisdiction over the highway, for the 128.2 purpose of providing reasonable access between the divided 128.3 highways of four or more lanes of travel and terminals, 128.4 facilities for food, fuel, repair, and rest, and points of 128.5 loading and unloading for household goods carriers, livestock 128.6 carriers, or for the purpose of providing continuity of route: 128.7 (1) a truck-tractor and semitrailer exceeding 75 feet in 128.8 length; 128.9 (2) a combination of vehicles including a truck-tractor and 128.10 semitrailer drawing one additional semitrailer, which may be 128.11 equipped with an auxiliary dolly; 128.12 (3) a combination of vehicles including a truck-tractor and 128.13 semitrailer drawing one full trailer; 128.14 (4) a truck-tractor and semitrailer designed and used 128.15 exclusively for the transportation of motor vehicles or boats 128.16 and exceeding an overall length of 75 feet including the load; 128.17 and 128.18 (5) a truck or truck-tractor transporting similar vehicles 128.19 by having the front axle of the transported vehicle mounted onto 128.20 the center or rear part of the preceding vehicle, defined in 128.21 Code of Federal Regulations, title 49, sections 390.5 and 393.5 128.22 as drive-away saddlemount combinations or drive-away saddlemount 128.23 vehicle transporter combinations, when the overall length 128.24 exceeds 75 feet. 128.25 (e) Vehicles operated under the provisions of this section 128.26 must conform to the standards for those vehicles prescribed by 128.27 the United States Department of Transportation, Federal Highway 128.28 Administration, Bureau of Motor Carrier Safety, as amended. 128.29 Subd. 4. [RECREATIONAL VEHICLE COMBINATIONS.] 128.30 Notwithstanding subdivision 3, a recreational vehicle 128.31 combination may be operated without a permit if: 128.32 (a) the combination does not consist of more than three 128.33 vehicles, and the towing rating of the pickup truck is equal to 128.34 or greater than the total weight of all vehicles being towed; 128.35 (b) the combination does not exceed 60 feet in length; 128.36 (c) the camper-semitrailer in the combination does not 129.1 exceed 26 feet; 129.2 (d) the operator of the combination is at least 18 years of 129.3 age; 129.4 (e) the trailer carrying a watercraft meets all 129.5 requirements of law; 129.6 (f) the trailers in the combination are connected to the 129.7 pickup truck and each other in conformity with section 169G.43 129.8 (trailer equipment); and 129.9 (g) the combination is not operated within the seven-county 129.10 metropolitan area, as defined in section 473.121, subdivision 2, 129.11 during the hours of 6:00 a.m. to 9:00 a.m. and 4:00 p.m. to 7:00 129.12 p.m. on Mondays through Fridays. 129.13 Subd. 5. [PROJECTING LOADS.] The load upon any vehicle 129.14 operated alone, or the load upon the front vehicle of a 129.15 combination of vehicles, shall not extend more than three feet 129.16 beyond the front wheels of the vehicle or the front bumper of 129.17 the vehicle if it is equipped with such a bumper. 129.18 Subd. 6. [MANNER OF LOADING.] No vehicle shall be driven 129.19 or moved on any highway unless the vehicle is so constructed, 129.20 loaded, or the load securely covered as to prevent any of its 129.21 load from dropping, sifting, leaking, blowing, or otherwise 129.22 escaping therefrom. However, sand may be dropped for the 129.23 purpose of securing traction, or water or other substances may 129.24 be sprinkled on a roadway in cleaning or maintaining the 129.25 roadway. This subdivision shall not apply to motor vehicles 129.26 operated by a farmer or the farmer's agent when transporting 129.27 produce such as small grains, shelled corn, soybeans, or other 129.28 farm produce of a size and density not likely to cause injury to 129.29 persons or damage to property on escaping in small amounts from 129.30 a vehicle. 129.31 Subd. 7. [FIREWOOD LOAD.] No vehicle that has a cargo area 129.32 without a rear wall may be driven or moved on a trunk highway 129.33 with a load of cut firewood of less than three feet in length 129.34 unless the rear of the cargo area is covered with a material of 129.35 sufficient strength to prevent any part of the load from 129.36 escaping from the rear. No person shall transport firewood in 130.1 any vehicle in an unsafe manner. A peace officer may issue a 130.2 warning rather than a citation for a first violation of this 130.3 subdivision if, in the officer's judgment, the load of firewood 130.4 is made safe for transport. 130.5 Subd. 8. [GRAVEL TRUCK SECURING LOAD.] (a) The driver of a 130.6 vehicle transporting sand, gravel, aggregate, dirt, lime rock, 130.7 silica, or similar material shall ensure that the cargo 130.8 compartment of the vehicle is securely covered if: 130.9 (1) the vertical distance from the top of an exterior wall 130.10 of the cargo compartment to the load, when measured downward 130.11 along the inside surface of the wall, is less than six inches; 130.12 or 130.13 (2) the horizontal distance from the top of an exterior 130.14 wall of the cargo compartment to the load is less than two feet. 130.15 (b) The driver shall not operate a vehicle to transport 130.16 sand, gravel, aggregate, dirt, lime rock, silica, or similar 130.17 material in or on any part of the vehicle other than in the 130.18 cargo container. The driver shall clean the vehicle of loose 130.19 sand, gravel, aggregate, dirt, lime rock, silica, or similar 130.20 material before the vehicle is moved on a road, street, or 130.21 highway following loading or unloading. 130.22 Subd. 9. [GARBAGE TRUCK SECURING LOAD.] (a) A driver of a 130.23 vehicle used to transport garbage, rubbish, trash, debris, or 130.24 similar material need not cover the transported material as long 130.25 as: 130.26 (1) the vehicle is being operated at a speed less than 30 130.27 miles per hour; 130.28 (2) the vehicle is not being operated on an interstate 130.29 highway; and 130.30 (3) no part of the load escapes from the vehicle. 130.31 (b) The driver shall immediately retrieve material that 130.32 escapes from the vehicle, when safe to do so. 130.33 Subd. 10. [LIVESTOCK OR POULTRY LOADING CHUTE TRAILER.] (a) 130.34 Notwithstanding the provisions of subdivisions 1 and 3, and 130.35 subject to paragraphs (b) and (d), either of the following 130.36 vehicles may draw one additional two-wheel trailer, the loaded 131.1 weight of which does not exceed 3,000 pounds, for the sole 131.2 purpose of transporting a livestock or poultry loading chute: 131.3 (1) a farm truck as defined in section 168.011, subdivision 131.4 17, including a single unit truck or a combination of vehicles 131.5 of no more than two units and otherwise not exceeding the size 131.6 and weight limitations prescribed by law; and 131.7 (2) a livestock or poultry truck, including a single unit 131.8 truck or a combination of vehicles of no more than two units and 131.9 not otherwise exceeding the size and weight limitations 131.10 prescribed by law, owned or operated by a livestock or poultry 131.11 carrier and used primarily for transporting livestock or poultry 131.12 for hire. 131.13 (b) The two-wheel trailer shall not be drawn by a two-unit 131.14 combination on the public highways of this state beyond a ten- 131.15 mile radius of the home post office of the owner or operator of 131.16 the two-unit combination. 131.17 (c) The two-wheel trailer used solely for transporting a 131.18 livestock or poultry chute is special mobile equipment. 131.19 (d) This subdivision does not apply to the seven-county 131.20 metropolitan area. 131.21 Subd. 11. [PICKUP TRUCKS; LIMITATION ON DRAWING TRAILERS.] 131.22 Notwithstanding any other provision of this section or any other 131.23 law to the contrary, a pickup truck used primarily in the 131.24 production or transportation of liquid fertilizer, anhydrous 131.25 ammonia, or any agricultural commodity as defined in section 131.26 17.53, subdivision 2, may draw one or two empty trailers when 131.27 the resulting combination does not exceed the size and weight 131.28 limitations otherwise prescribed by law. A pickup truck when 131.29 drawing two trailers shall not be operated on the highways of 131.30 this state beyond a 35-mile radius of the home post office of 131.31 the owner of the pickup truck nor at a speed exceeding 35 miles 131.32 per hour. 131.33 Sec. 9. [169G.43] [TRAILER EQUIPMENT.] 131.34 Subdivision 1. [CONNECTION TO TOWING VEHICLE.] (a) When 131.35 one vehicle is towing another the drawbar or other connection 131.36 must be of sufficient strength to pull the weight being towed. 132.1 (b) The drawbar or other connection may not exceed 15 feet 132.2 from one vehicle to the other. This paragraph does not apply to 132.3 the connection between any two vehicles transporting poles, 132.4 pipe, machinery, or other objects of structural nature that 132.5 cannot readily be dismembered. 132.6 Subd. 2. [MARKING.] When one vehicle is towing another and 132.7 the connection consists of a chain, rope, or cable, the 132.8 connection must display a white, red, yellow, or orange flag or 132.9 cloth not less than 12 inches square. 132.10 Subd. 3. [HITCHES; CHAINS; CABLES.] (a) Every trailer or 132.11 semitrailer must be hitched to the towing motor vehicle by a 132.12 device approved by the commissioner of public safety. 132.13 (b) Every trailer and semitrailer must be equipped with 132.14 safety chains or cables permanently attached to the trailer 132.15 except in cases where the coupling device is a regulation fifth 132.16 wheel and kingpin assembly approved by the commissioner of 132.17 public safety. In towing, the chains or cables must be attached 132.18 to the vehicles near the points of bumper attachments to the 132.19 chassis of each vehicle, and must be of sufficient strength to 132.20 control the trailer in the event of failure of the towing 132.21 device. The length of chain or cable must be no more than 132.22 necessary to permit free turning of the vehicles. 132.23 (c) This subdivision does not apply to towed implements of 132.24 husbandry. 132.25 Sec. 10. [169G.45] [TOWING BY VEHICLE TRANSPORT BUSINESS; 132.26 EQUIPMENT.] 132.27 A person employed by a business required to be licensed 132.28 under section 168.053 (drive-away in transit license), in 132.29 pulling or towing vehicles covered by that section, shall use at 132.30 least two safety chains in addition to tow bars. 132.31 Sec. 11. [169G.51] [WEIGHT LIMITATIONS GENERALLY.] 132.32 Subdivision 1. [PNEUMATIC-TIRED VEHICLES.] No vehicle or 132.33 combination of vehicles equipped with pneumatic tires shall be 132.34 operated upon the highways of this state: 132.35 (a) where the gross weight on any wheel exceeds 9,000 132.36 pounds, except that on designated local routes and state trunk 133.1 highways the gross weight on any single wheel shall not exceed 133.2 10,000 pounds; 133.3 (b) where the gross weight on any single axle exceeds 133.4 18,000 pounds, except that on designated local routes and state 133.5 trunk highways the gross weight on any single axle shall not 133.6 exceed 20,000 pounds; 133.7 (c) where the maximum wheel load: 133.8 (1) on the foremost and rearmost steering axles, exceeds 133.9 600 pounds per inch of tire width or the manufacturer's 133.10 recommended load, whichever is less; or 133.11 (2) on other axles, exceeds 500 pounds per inch of tire 133.12 width or the manufacturer's recommended load, whichever is less; 133.13 (d) where the gross weight on any axle of a tridem exceeds 133.14 15,000 pounds, except that for vehicles to which an additional 133.15 axle has been added prior to June 1, 1981, the maximum gross 133.16 weight on any axle of a tridem may be up to 16,000 pounds 133.17 provided the gross weight of the tridem combination does not 133.18 exceed 39,900 pounds where the first and third axles of the 133.19 tridem are spaced nine feet apart; or 133.20 (e) where the gross weight on any group of axles exceeds 133.21 the weights permitted under this section with any or all of the 133.22 interior axles disregarded and their gross weights subtracted 133.23 from the gross weight of all axles of the group under 133.24 consideration. 133.25 Subd. 2. [VEHICLES NOT EQUIPPED WITH PNEUMATIC TIRES.] A 133.26 vehicle or combination of vehicles not equipped with pneumatic 133.27 tires shall be governed by the provisions of this section, 133.28 except that the gross weight limitations shall be reduced by 40 133.29 percent. 133.30 Subd. 3. [GROSS WEIGHT SCHEDULE.] (a) No vehicle or 133.31 combination of vehicles equipped with pneumatic tires shall be 133.32 operated upon the highways of this state where the total gross 133.33 weight on any group of two or more consecutive axles of any 133.34 vehicle or combination of vehicles exceeds that given in the 133.35 following table for the distance between the centers of the 133.36 first and last axles of any group of two or more consecutive 134.1 axles under consideration. Unless otherwise noted, the distance 134.2 between axles shall be measured longitudinally to the nearest 134.3 even foot, and when the measurement is a fraction of exactly 134.4 one-half foot the next largest whole number in feet shall be 134.5 used, except that when the distance between axles is more than 134.6 three feet four inches and less than three feet six inches the 134.7 distance of four feet shall be used. The maximum gross weight 134.8 on a group of three consecutive axles where the distance between 134.9 centers of foremost and rearmost axles is listed as seven feet 134.10 or eight feet applies only to vehicles manufactured before 134.11 August 1, 1991. "8 plus" refers to any distance greater than 134.12 eight feet but less than nine feet. The gross weights shown in 134.13 parentheses are permitted only on state trunk highways and 134.14 routes designated under section 169G.53, subdivision 1: 134.15 Maximum gross weight in pounds on a group of 134.16 2 3 4 134.17 Distances consecutive consecutive consecutive 134.18 in feet axles of axles of axles of 134.19 between a 2-axle a 3-axle a 4-axle 134.20 centers vehicle vehicle vehicle 134.21 of fore- or of any or of any or any com- 134.22 most and vehicle or vehicle or bination of 134.23 rearmost combination combination vehicles 134.24 axles of of vehicles of vehicles having a 134.25 a group having a having a total of 4 134.26 total of 2 total of 3 or more axles 134.27 or more axles or more axles 134.28 4 34,000 134.29 5 34,000 134.30 134.31 6 34,000 134.32 134.33 7 34,000 37,000 134.34 134.35 8 34,000 38,500 134.36 135.1 8 plus 34,000 42,000 135.2 (38,000) 135.3 9 35,000 43,000 135.4 (39,000) 135.5 10 36,000 43,500 49,000 135.6 (40,000) 135.7 11 36,000 44,500 49,500 135.8 12 45,000 50,000 135.9 13 46,000 51,000 135.10 14 46,500 51,500 135.11 15 47,500 52,000 135.12 16 48,000 53,000 135.13 17 49,000 53,500 135.14 18 49,500 54,000 135.15 19 50,500 55,000 135.16 20 51,000 55,500 135.17 21 52,000 56,000 135.18 22 52,500 57,000 135.19 23 53,500 57,500 135.20 24 54,000 58,000 135.21 25 (55,000) 59,000 135.22 26 (55,500) 59,500 135.23 27 (56,500) 60,000 135.24 28 (57,000) 61,000 135.25 29 (58,000) 61,500 135.26 30 (58,500) 62,000 135.27 31 (59,500) 63,000 135.28 32 (60,000) 63,500 135.29 33 64,000 135.30 34 65,000 135.31 35 65,500 135.32 36 66,000 135.33 37 67,000 135.34 38 67,500 135.35 39 68,000 135.36 40 69,000 136.1 41 69,500 136.2 42 70,000 136.3 43 71,000 136.4 44 71,500 136.5 45 72,000 136.6 46 72,500 136.7 47 (73,500) 136.8 48 (74,000) 136.9 49 (74,500) 136.10 50 (75,500) 136.11 51 (76,000) 136.12 Maximum gross weight in pounds on a group of 136.13 5 6 7 136.14 Distances consecutive consecutive consecutive 136.15 in feet axles of a axles of axles of 136.16 between 5-axle vehicle a combination a combination 136.17 centers or any com- of vehicles of vehicles 136.18 of fore- bination of having a total having a total 136.19 most and vehicles of 6 or more of 7 or more 136.20 rearmost having a total axles axles 136.21 axles of of 5 or more 136.22 a group axles 136.23 14 57,000 136.24 15 57,500 136.25 16 58,000 136.26 17 59,000 136.27 18 59,500 136.28 19 60,000 136.29 20 60,500 66,000 72,000 136.30 22 61,500 67,000 72,500 136.31 22 62,000 67,500 73,000 136.32 23 62,500 68,000 73,500 136.33 24 63,000 68,500 74,000 136.34 25 64,000 69,000 75,000 136.35 26 64,500 70,000 75,500 136.36 27 65,000 70,500 76,000 137.1 28 65,500 71,000 76,500 137.2 29 66,500 71,500 77,000 137.3 30 67,000 72,000 77,500 137.4 31 67,500 73,000 78,500 137.5 32 68,000 73,500 79,000 137.6 33 69,000 74,000 79,500 137.7 34 69,500 74,500 80,000 137.8 35 70,000 75,000 137.9 36 70,500 76,000 137.10 37 71,500 76,500 137.11 38 72,000 77,000 137.12 39 72,500 77,500 137.13 40 73,000 78,000 137.14 41 (74,000) 79,000 137.15 42 (74,500) 79,500 137.16 43 (75,000) 80,000 137.17 44 (75,500) 137.18 45 (76,500) 137.19 46 (77,000) 137.20 47 (77,500) 137.21 48 (78,000) 137.22 49 (79,000) 137.23 50 (79,500) 137.24 51 (80,000) 137.25 (b) Notwithstanding any lesser weight in pounds shown in 137.26 the above table but subject to the restrictions on gross vehicle 137.27 weights in paragraph (c), two consecutive sets of tandem axles 137.28 may carry a gross load of 34,000 pounds each and a combined 137.29 gross load of 68,000 pounds if the overall distance between the 137.30 first and last axles of the consecutive sets of tandem axles is 137.31 36 feet or more. 137.32 (c) Notwithstanding the provisions of section 169G.81 137.33 (weighing), the gross vehicle weight of all axles of a vehicle 137.34 or combination of vehicles shall not exceed: 137.35 (1) 80,000 pounds for any vehicle or combination of 137.36 vehicles on all state trunk highways as defined in section 138.1 160.02, subdivision 2, and for all routes designated under 138.2 section 169G.53, subdivision 1; and 138.3 (2) 73,280 pounds for any vehicle or combination of 138.4 vehicles with five axles or less on all routes, other than state 138.5 trunk highways and routes that are designated under section 138.6 169G.53, subdivision 1; and 138.7 (3) 80,000 pounds for any vehicle or combination of 138.8 vehicles with six or more axles on all routes, other than state 138.9 trunk highways and routes that are designated under section 138.10 169G.53, subdivision 1. 138.11 (d) The maximum weights specified in this subdivision for 138.12 five consecutive axles shall not apply to a four axle ready mix 138.13 concrete truck that was equipped with a fifth axle prior to June 138.14 1, 1981. The maximum gross weight on four or fewer consecutive 138.15 axles of vehicles excepted by this paragraph shall not exceed 138.16 any maximum weight specified for four or fewer consecutive axles 138.17 in this subdivision. 138.18 Subd. 4. [GROSS WEIGHT SEASONAL INCREASES.] (a) The 138.19 limitations provided in this section are increased: 138.20 (1) by ten percent from January 1 to March 7 each winter, 138.21 statewide; 138.22 (2) by ten percent from December 1 through December 31 each 138.23 winter in the zone bounded as follows: beginning at Pigeon 138.24 River in the northeast corner of Minnesota; thence in a 138.25 southwesterly direction along the north shore of Lake Superior 138.26 along trunk highway No. 61 to the junction with trunk highway 138.27 No. 210; thence westerly along trunk highway No. 210 to the 138.28 junction with trunk highway No. 10; thence northwesterly along 138.29 trunk highway No. 10 to the Minnesota-North Dakota border; 138.30 thence northerly along that border to the Minnesota-Canadian 138.31 border; thence easterly along that border to Lake Superior; and 138.32 (3) by ten percent from the beginning of harvest to 138.33 November 30 each year for the movement of sugar beets and 138.34 potatoes within an area having a 75-mile radius from the field 138.35 of harvest to the point of the first unloading. The 138.36 commissioner shall not issue permits under this clause if to do 139.1 so will result in a loss of federal highway funding to the state. 139.2 (b) The duration of a ten percent increase in load limits 139.3 is subject to limitation by order of the commissioner, subject 139.4 to implementation of springtime load restrictions, or March 7. 139.5 (c) When the ten percent increase is in effect, a permit is 139.6 required for a motor vehicle, trailer, or semitrailer 139.7 combination that has a gross weight exceeding 80,000 pounds, an 139.8 axle group weight exceeding that prescribed in subdivision 3, or 139.9 a single axle weight exceeding 20,000 pounds and that travels on 139.10 interstate routes. 139.11 (d) In cases where gross weights in an amount less than 139.12 that set forth in this section are fixed, limited, or restricted 139.13 on a highway or bridge by or under another section of this 139.14 chapter, the lesser gross weight as fixed, limited, or 139.15 restricted may not be exceeded and must control instead of the 139.16 gross weights set forth in this section. 139.17 (e) Notwithstanding any other provision of this 139.18 subdivision, no vehicle may exceed a total gross vehicle weight 139.19 of 80,000 pounds on routes that have not been designated by the 139.20 commissioner under section 169G.53, subdivision 1. 139.21 (f) The commissioner may, after determining the ability of 139.22 the highway structure and frost condition to support additional 139.23 loads, grant a permit extending seasonal increases for vehicles 139.24 using portions of routes falling within two miles of the 139.25 southern boundary of the zone described under paragraph (a), 139.26 clause (2). 139.27 Subd. 5. [GROSS WEIGHT REDUCTION ON RESTRICTED 139.28 ROUTES.] The maximum weight on any single axle, two consecutive 139.29 axles spaced within eight feet or less, three consecutive axles 139.30 spaced within nine feet or less, or four consecutive axles 139.31 spaced within 14 feet or less shall not exceed 18,000 pounds, 139.32 34,000 pounds, 43,000 pounds, or 51,500 pounds respectively 139.33 multiplied by a factor of the axle weight in tons allowed on the 139.34 restricted route divided by nine. No combination of axle 139.35 weights shall exceed those weights specified in subdivision 3 139.36 for nondesignated routes. 140.1 Subd. 6. [CONSECUTIVE AXLE WEIGHT AND NUMBER OF AXLES.] No 140.2 vehicle alone nor any single vehicle of a combination of 140.3 vehicles shall be equipped with more than four axles unless the 140.4 additional axles are steering axles or castering axles. 140.5 However, the limitation on the number of axles as provided in 140.6 this section shall not apply to any vehicle operated under 140.7 permit pursuant to section 169G.71. No vehicle alone nor any 140.8 single vehicle of a combination of vehicles shall exceed the 140.9 posted weight limit for a single vehicle. 140.10 Subd. 7. [VARIABLE LOAD AXLES.] A vehicle or combination 140.11 of vehicles equipped with one or more variable load axles shall 140.12 have the pressure control preset so that the weight carried on 140.13 the variable load axle may not be varied by the operator during 140.14 transport of any load. The actuating control for the axle shall 140.15 function only as an on and off switch. The provisions of this 140.16 subdivision do not apply to any farm truck registered prior to 140.17 July 1, 1981, under section 168.013, subdivision 1c, for 57,000 140.18 pounds or less. This subdivision does not apply to rear-loading 140.19 refuse compactor vehicles, except that any refuse compactor 140.20 vehicle having a tridem rear axle must comply with this 140.21 subdivision before being issued a special permit under section 140.22 169G.71, subdivision 7, paragraph (h). 140.23 Subd. 8. [APPLICATION TO CITY VEHICLES, TRUNK HIGHWAYS.] 140.24 The provisions of this section do not apply to vehicles operated 140.25 exclusively in any city in this state that has in effect an 140.26 ordinance regulating the gross weight of vehicles operated 140.27 within that city. This subdivision does not apply to trunk 140.28 highways. 140.29 Subd. 9. [APPLICATION TO TOW TRUCKS.] This section does 140.30 not apply to a tow truck or towing vehicle when towing a 140.31 disabled vehicle damaged in such manner that the towed vehicle 140.32 cannot be towed from the rear and when the movement is temporary 140.33 for the purpose of taking the disabled vehicle to a place of 140.34 repair. 140.35 Subd. 10. [EXCEPTION FOR FARM AND FOREST PRODUCTS.] The 140.36 maximum weight provisions of this section do not apply to the 141.1 first haul of unprocessed or raw farm products and the 141.2 transportation of raw and unfinished forest products when the 141.3 prescribed maximum weight limitation is not exceeded by more 141.4 than ten percent. 141.5 Sec. 12. [169G.53] [WEIGHT LIMITATIONS ON DESIGNATED 141.6 ROUTES.] 141.7 Subdivision 1. [DESIGNATION OF ROUTES.] (a) The 141.8 commissioner may designate any street or highway route or 141.9 segment of a route to carry the gross weights permitted under 141.10 section 169G.51. Any designation of a route pursuant to this 141.11 subdivision, other than a trunk highway route, is subject to the 141.12 approval of the local authority having jurisdiction over the 141.13 route. A route may not be designated if the commissioner finds 141.14 that designation 141.15 (1) creates an undue hazard to traffic safety; or 141.16 (2) is inconsistent with structural capacity of the route, 141.17 including consideration of the volume of traffic expected to 141.18 occur on the route after designation. 141.19 (b) Notwithstanding any finding under paragraph (a), clause 141.20 (2), the commissioner shall designate any route that is needed 141.21 to provide: 141.22 (1) a connection between significant centers of population 141.23 or commerce, or between other designated routes; 141.24 (2) access to a transportation terminal; or 141.25 (3) temporary emergency service to a particular shipping or 141.26 receiving point on the route. 141.27 (c) The commissioner may undesignate any route when 141.28 continued designation is inconsistent with the provisions of 141.29 this subdivision, subject to the approval of any local authority 141.30 having jurisdiction over the route. 141.31 (d) Any route designation or undesignation shall be 141.32 effective when adopted. The commissioner may designate or 141.33 undesignate any route when requested by any local authority 141.34 having jurisdiction over the route. 141.35 Subd. 2. [RESTRICTIONS ON TRUNK HIGHWAYS; RULES.] (a) The 141.36 commissioner may impose seasonal load restrictions under section 142.1 169G.61 on a market artery only after giving 30 days' notice to 142.2 the chairs of the transportation and appropriations committees 142.3 of the house of representatives, and the chairs of the 142.4 transportation and finance committees of the senate. The 142.5 commissioner shall provide with each notice a plan to improve 142.6 the market artery within the next three years so that seasonal 142.7 load restrictions will not be necessary on it. 142.8 (c) The commissioner shall adopt rules under chapter 14 142.9 defining "significant centers of population and commerce" and 142.10 "temporary emergency service" for purposes of this section. 142.11 Sec. 13. [169G.55] [FEDERAL QUALIFYING HIGHWAYS.] 142.12 The commissioner may not add routes to the system of 142.13 federal qualifying highways submitted to the federal highway 142.14 administration in accordance with the Surface Transportation 142.15 Assistance Act of 1982, United States Code, title 49, section 142.16 2311, except in compliance with the criteria established by the 142.17 commissioner for the addition of routes. 142.18 Sec. 14. [169G.57] [LOAD LIMIT ON BRIDGES.] 142.19 Subject to the limitations upon wheel and axle loads 142.20 prescribed in this chapter, the gross weight of any vehicle or 142.21 combination of vehicles driven onto or over a bridge on any 142.22 highway shall not exceed the safe capacity of the bridge, as may 142.23 be indicated by warning posted on the bridge or the approaches 142.24 thereto. 142.25 ROAD AND SEASONAL LOAD RESTRICTIONS 142.26 Sec. 15. [169G.61] [ROAD RESTRICTIONS.] 142.27 Subdivision 1. [LOCAL AUTHORITY RESTRICTIONS TO PREVENT 142.28 ROAD DAMAGE.] (a) A local authority, with respect to any highway 142.29 under its jurisdiction, may prohibit the operation of vehicles 142.30 upon the highway or impose restrictions as to the weight of 142.31 vehicles to be operated upon the highway, whenever the highway, 142.32 by reason of deterioration, rain, snow, or other climatic 142.33 conditions, will be seriously damaged or destroyed unless the 142.34 use of vehicles thereon is prohibited or the permissible weights 142.35 thereof reduced. 142.36 (b) The local authority enacting the prohibition or 143.1 restriction shall erect or cause to be erected and maintained 143.2 signs plainly indicating the prohibition or restriction at each 143.3 end of that portion of any highway affected thereby, and the 143.4 prohibition or restriction shall not be effective unless and 143.5 until the signs are erected and maintained. 143.6 Subd. 2. [CITY'S RESTRICTIONS.] A city, with respect to 143.7 any highway under its jurisdiction, may also, by ordinance, 143.8 prohibit the operation of trucks or other commercial vehicles, 143.9 or may impose limitations as to the weight thereof, on a 143.10 designated highway. The prohibitions and limitations shall be 143.11 designated by appropriate signs placed on the highways. 143.12 Subd. 3. [COMMISSIONER'S RESTRICTIONS.] The commissioner 143.13 shall likewise have authority, as hereinabove granted to local 143.14 authorities, to determine and to impose prohibitions or 143.15 restrictions as to the weight of vehicles operated upon any 143.16 highway under the jurisdiction of the commissioner. The 143.17 restrictions shall be effective when signs giving notice thereof 143.18 are erected upon the highway or portion of any highway affected 143.19 by the action. 143.20 Subd. 4. [TRUCK ROUTE.] (a) When a local authority 143.21 petitions the commissioner to establish a truck route for travel 143.22 into, through, or out of the territory under its jurisdiction, 143.23 the commissioner shall investigate the matter. The commissioner 143.24 may, by order, designate any highway under the commissioner's 143.25 jurisdiction as a truck route into, through, or out of the 143.26 territory if the commissioner determines from investigation that 143.27 the operation of trucks into, through, or out of the territory 143.28 involves unusual hazards because of any or all of the following 143.29 factors: 143.30 (1) load carried; 143.31 (2) type of truck used; or 143.32 (3) topographic or weather conditions. 143.33 (b) When a highway has been marked as a truck route 143.34 pursuant to the order, trucks traveling into, through, or out of 143.35 the territory shall comply with the order. 143.36 Subd. 5. [SEASONAL LOAD RESTRICTIONS.] Except for portland 144.1 cement concrete roads, from March 20 to May 15 of each year, the 144.2 weight on any single axle shall not exceed five tons on a county 144.3 or town road that has not been restricted as provided in 144.4 subdivision 1. The gross weight on consecutive axles shall not 144.5 exceed the gross weight allowed in section 169G.51 multiplied by 144.6 a factor of five divided by nine. This reduction shall not 144.7 apply to the gross vehicle weight. 144.8 Subd. 6. [SCHOOL BUSES AND HEAD START BUSES.] Weight 144.9 restrictions imposed pursuant to this section do not apply to a 144.10 school bus or Head Start bus transporting students, Head Start 144.11 children, or Head Start parents when the gross weight on a 144.12 single axle of the school bus or Head Start bus does not exceed 144.13 14,000 pounds. However, a road authority may restrict any 144.14 highway under its jurisdiction to a lesser axle weight by 144.15 written order to a school board and Head Start grantee 24 hours 144.16 in advance of required compliance with the reduced axle weight. 144.17 PERMITS 144.18 Sec. 16. [169G.71] [SPECIAL PERMITS.] 144.19 Subdivision 1. [APPLICATION FOR PERMIT.] (a) The 144.20 commissioner, with respect to highways under the commissioner's 144.21 jurisdiction, and a local authority, with respect to highways 144.22 under its jurisdiction, may, in their discretion, upon 144.23 application in writing and good cause being shown therefor, 144.24 issue a special permit, in writing, authorizing the applicant to 144.25 move a vehicle or combination of vehicles of a size or weight of 144.26 vehicle or load exceeding the maximum specified in this chapter, 144.27 or otherwise not in conformity with the provisions of this 144.28 chapter, upon any highway under the jurisdiction of the party 144.29 granting the permit and for the maintenance of which the party 144.30 is responsible. 144.31 (b) A permit relating to an over-width or over-length 144.32 manufactured home shall not be issued to a person other than a 144.33 manufactured home dealer or manufacturer for movement of a new 144.34 unit owned by the manufactured home dealer or manufacturer, 144.35 until the person has presented a statement from the county 144.36 auditor and treasurer where the unit is presently located, 145.1 stating that all personal and real property taxes have been 145.2 paid. Upon payment of the most recent single year delinquent 145.3 personal property or current year taxes only, the county auditor 145.4 or treasurer must issue a taxes paid statement to a manufactured 145.5 home dealer or a financial institution desiring to relocate a 145.6 manufactured home that has been repossessed. This statement 145.7 must be dated within 30 days of the contemplated move. The 145.8 statement from the county auditor and treasurer where the unit 145.9 is presently located, stating that all personal and real 145.10 property taxes have been paid, may be made by telephone. If the 145.11 statement is obtained by telephone, the permit shall contain the 145.12 date and time of the telephone call and the names of the persons 145.13 in the auditor's office and treasurer's office who verified that 145.14 all personal and real property taxes had been paid. 145.15 (c) The commissioner may not grant a permit authorizing the 145.16 movement, in a three-vehicle combination, of a semitrailer or 145.17 trailer that exceeds 28-1/2 feet, except that the commissioner 145.18 may: 145.19 (1) renew a permit that was granted before April 16, 1984, 145.20 for the movement of a semitrailer or trailer that exceeds the 145.21 length limitation in section 169G.51, subdivision 1; or 145.22 (2) grant a permit authorizing the transportation of empty 145.23 trailers that exceed 28-1/2 feet when using a B-train hitching 145.24 mechanism as defined in Code of Federal Regulations, title 23, 145.25 section 658.5, paragraph (o), from a point of manufacture in the 145.26 state to the state border. 145.27 (d) The state as to state trunk highways, a statutory or 145.28 home rule charter city as to streets in the city, or a town as 145.29 to roads in the town, may issue permits authorizing the 145.30 transportation of combinations of vehicles exceeding the 145.31 limitations in section 169G.41, subdivisions 2 and 3, over 145.32 highways, streets, or roads within its boundaries. Combinations 145.33 of vehicles authorized by this paragraph may be restricted as to 145.34 the use of state trunk highways by the commissioner, to the use 145.35 of streets by the city road authority, and to the use of roads 145.36 by the town road authority. Nothing in this paragraph or 146.1 section 169G.41, subdivisions 2 and 3, alters or changes the 146.2 authority vested in local authorities under section 169A.17. 146.3 Subd. 2. [SEASONAL PERMITS FOR CERTAIN HAULERS.] The 146.4 commissioner, upon application in writing therefor, may issue 146.5 special permits annually to any hauler authorizing the hauler to 146.6 move vehicles or combinations of vehicles with weights exceeding 146.7 by not more than ten percent the weight limitations contained in 146.8 section 169G.51, on interstate highways during the times and 146.9 within the zones specified in section 169G.51. 146.10 Subd. 3. [REQUIRED INFORMATION.] The application for a 146.11 permit shall specifically describe in writing the vehicle or 146.12 vehicles and loads to be moved and the particular highways and 146.13 period of time for which a permit is requested. 146.14 Subd. 4. [DISCRETION TO ISSUE OR WITHHOLD; CONDITIONS OF 146.15 OPERATION; LIABILITY INSURANCE.] The commissioner or local 146.16 authority may issue or withhold the permit. If the permit is 146.17 issued, the commissioner or local authority may: 146.18 (a) limit or prescribe conditions of operation of the 146.19 vehicle or vehicles, when necessary to assure against undue 146.20 damage to the road foundations, surfaces or structures; 146.21 (b) require any undertaking or other security deemed 146.22 necessary to compensate for any injury or damage to any roadway 146.23 or road structure; and 146.24 (c) require that the operator or owner of the vehicle or 146.25 vehicles have in effect with respect to the operation of the 146.26 vehicle or vehicles a policy of liability insurance or bond 146.27 affording substantially the same coverage with respect to injury 146.28 to persons and damage to property as is required for proof of 146.29 financial responsibility under the No-Fault Automobile Insurance 146.30 Act, sections 65B.14 and 65B.41 to 65B.71. 146.31 Subd. 5. [DENIAL OF PERMIT; MANUFACTURED HOME FRAMES.] The 146.32 commissioner or local authority may not deny a permit for the 146.33 transport to a manufacturing plant of manufactured home frames 146.34 not more than 15-1/2 feet in width during periods of seasonal 146.35 weight restrictions unless the load exceeds the weight 146.36 restrictions. 147.1 Subd. 6. [DISPLAY AND INSPECTION OF PERMIT.] Every such 147.2 permit shall be carried in the vehicle or combination of 147.3 vehicles to which it refers and shall be open to inspection by 147.4 any peace officer or authorized agent of any authority granting 147.5 the permit. No person shall violate any of the terms or 147.6 conditions of the special permit. 147.7 Subd. 7. [FEES.] The commissioner, with respect to 147.8 highways under the commissioner's jurisdiction, may charge a fee 147.9 for each permit issued. All such fees for permits issued by the 147.10 commissioner shall be deposited in the state treasury and 147.11 credited to the trunk highway fund. Except for those annual 147.12 permits for which the permit fees are specified elsewhere in 147.13 this chapter, the fees shall be: 147.14 (a) $15 for each single trip permit. 147.15 (b) $36 for each job permit. A job permit may be issued 147.16 for loads of the same product, weight, and dimension carried on 147.17 a specific route for a period not to exceed two months. 147.18 (c) $60 for an annual permit to be issued for a period not 147.19 to exceed 12 consecutive months. An annual permit may be issued 147.20 for: 147.21 (1) a motor vehicle used to alleviate a temporary crisis 147.22 adversely affecting the safety or well-being of the public; 147.23 (2) a motor vehicle that travels on interstate highways and 147.24 carries loads authorized under subdivision 2; 147.25 (3) a motor vehicle operating with a gross weight 147.26 authorized under section 169G.51, subdivision 4, paragraph (a), 147.27 clause (3); and 147.28 (4) special pulpwood vehicles described in section 169G.73. 147.29 (d) $120 for an oversize annual permit to be issued for a 147.30 period not to exceed 12 consecutive months. An annual permit 147.31 may be issued for: 147.32 (1) a mobile crane; 147.33 (2) construction equipment, machinery, and supplies; 147.34 (3) a manufactured home; 147.35 (4) an implement of husbandry when the movement is not made 147.36 according to the provisions of paragraph (i); 148.1 (5) a double-deck bus; or 148.2 (6) commercial boat hauling. 148.3 (e) For a vehicle that has axle weight exceeding the weight 148.4 limitations of section 169G.51, an additional cost added to the 148.5 fees listed above. The additional cost is equal to the product 148.6 of the distance traveled times the sum of the overweight axle 148.7 group cost factors shown in the following chart. The amounts 148.8 added are rounded to the nearest cent for each axle or axle 148.9 group. The additional cost does not apply to a vehicle under 148.10 paragraph (c), clauses (1) and (3). For a vehicle found to 148.11 exceed the appropriate maximum permitted weight, a cost-per-mile 148.12 fee of 22 cents per ton, or fraction of a ton, over the 148.13 permitted maximum weight is imposed in addition to the normal 148.14 permit fee. Miles must be calculated based on the distance 148.15 already traveled in the state plus the distance from the point 148.16 of detection to a transportation loading site or unloading site 148.17 within the state or to the point of exit from the state: 148.18 Overweight Axle Group Cost Factors 148.19 Weight (pounds) Cost Per Mile For Each Group Of: 148.20 exceeding Two consec- Three consec- Four consec- 148.21 weight utive axles utive axles utive axles 148.22 limitations spaced within spaced within spaced within 148.23 on axles 8 feet or less 9 feet or less 14 feet or less 148.24 0-2,000 .12 .05 .04 148.25 2,001-4,000 .14 .06 .05 148.26 4,001-6,000 .18 .07 .06 148.27 6,001-8,000 .21 .09 .07 148.28 8,001-10,000 .26 .10 .08 148.29 10,001-12,000 .30 .12 .09 148.30 12,001-14,000 Not permitted .14 .11 148.31 14,001-16,000 Not permitted .17 .12 148.32 16,001-18,000 Not permitted .19 .15 148.33 18,001-20,000 Not permitted Not permitted .16 148.34 20,001-22,000 Not permitted Not permitted .20 148.35 (f) As an alternative to paragraph (e), an annual permit 148.36 may be issued for overweight, or oversize and overweight, 149.1 construction equipment, machinery, and supplies. The fee for 149.2 the permit is as set forth in the following chart. If the gross 149.3 weight of the vehicle is more than 145,000 pounds the permit fee 149.4 is determined under paragraph (e): 149.5 Gross Weight (pounds) of Vehicle Annual Permit Fee 149.6 90,000 or less $200 149.7 90,001 - 100,000 $300 149.8 100,001 - 110,000 $400 149.9 110,001 - 120,000 $500 149.10 120,001 - 130,000 $600 149.11 130,001 - 140,000 $700 149.12 140,001 - 145,000 $800 149.13 (g) For a vehicle that exceeds the width limitations set 149.14 forth in section 169G.13 by more than 72 inches, an additional 149.15 cost equal to $120 added to the amount in paragraph (a) when the 149.16 permit is issued while seasonal load restrictions pursuant to 149.17 section 169G.61 are in effect. 149.18 (h) $85 for an annual permit to be issued for a period not 149.19 to exceed 12 months, for a refuse compactor vehicle that carries 149.20 a gross weight of not more than: 149.21 (1) 22,000 pounds on a single rear axle; 38,000 pounds on a 149.22 tandem rear axle; or 149.23 (2) subject to section 169G.51, subdivision 7, 46,000 149.24 pounds on a tridem rear axle. A permit issued for up to 46,000 149.25 pounds on a tridem rear axle must limit the gross vehicle weight 149.26 to not more than 62,000 pounds. 149.27 (i) For a vehicle exclusively transporting implements of 149.28 husbandry, an annual permit fee of $24. A vehicle operated 149.29 under a permit authorized by this paragraph may be moved at the 149.30 discretion of the permit holder without prior route approval by 149.31 the commissioner if: 149.32 (1) the total width of the transporting vehicle, including 149.33 load, does not exceed 14 feet; 149.34 (2) the vehicle is operated only between sunrise and 30 149.35 minutes after sunset, and is not operated at any time after 149.36 12:00 noon on Sundays or holidays; 150.1 (3) the vehicle is not operated when visibility is impaired 150.2 by weather, fog, or other conditions that render persons and 150.3 other vehicles not clearly visible at 500 feet; 150.4 (4) the vehicle displays at the front and rear of the load 150.5 or vehicle a pair of flashing amber lights, as provided in 150.6 section 169F.29, subdivision 4, whenever the overall width of 150.7 the vehicle exceeds 126 inches; and 150.8 (5) the vehicle is not operated on a trunk highway with a 150.9 surfaced roadway width of less than 24 feet unless such 150.10 operation is authorized by the permit. 150.11 (j) A permit under paragraph (i) authorizes movements of 150.12 the permitted vehicle on an interstate highway, and movements of 150.13 75 miles or more on other highways. 150.14 Subd. 8. [ARTICULATED BUSES.] (a) An articulated bus 150.15 operated by a public transit operator: 150.16 (1) may exceed the length and weight limitations of this 150.17 chapter, subject only to an annual permit from the commissioner 150.18 for such operation; and 150.19 (2) shall not be subject to any city ordinance or to any 150.20 permit from any local road authority. 150.21 (b) The application for a permit shall contain such 150.22 information as may be required by the commissioner. 150.23 Subd. 9. [AGREEMENTS WITH OTHER STATES.] (a) On behalf of 150.24 the state of Minnesota, the commissioner may enter into an 150.25 agreement with authorized representatives of another state, a 150.26 foreign country, or a state or province thereof, for the 150.27 reciprocal administration and granting of permits to allow the 150.28 movement of vehicles of sizes and weights that do not conform to 150.29 Minnesota law. The agreement may authorize representatives of 150.30 another state, a foreign country, or a state or province thereof 150.31 to issue permits to allow vehicles that do not conform to the 150.32 size and weight provisions of this chapter to travel on highways 150.33 under the jurisdiction of the commissioner. 150.34 (b) An agreement entered into under paragraph (a), and all 150.35 amendments to it, must be in writing and may provide for 150.36 exchanging information for audit and enforcement activities, 151.1 collecting fees established under this chapter, and distributing 151.2 fees collected under the agreement. It must state that no 151.3 permit issued under the agreement excuses a vehicle operator 151.4 from compliance with a law of this state other than the laws 151.5 governing size and weight of vehicles. 151.6 (c) Fees collected under authority of the agreement must be 151.7 deposited in the Minnesota state treasury and credited to the 151.8 trunk highway fund. 151.9 Sec. 17. [169G.73] [PERMITS FOR WIDE AND HIGH LOADS OF 151.10 BALED AGRICULTURAL PRODUCTS.] 151.11 Subdivision 1. [PERMITS.] (a) The commissioner with 151.12 respect to highways under the commissioner's jurisdiction, and 151.13 local authorities with respect to highways under their 151.14 jurisdiction, may issue an annual permit to enable a vehicle 151.15 carrying round bales of hay, straw, or cornstalks, with a total 151.16 outside width of the vehicle or the load not exceeding 11-1/2 151.17 feet, to be operated on public streets and highways. 151.18 (b) The commissioner and local authorities may issue an 151.19 annual permit to enable a vehicle, having a maximum width of 102 151.20 inches, carrying a first haul of square bales of straw, each 151.21 bale having a minimum size of four feet by four feet by eight 151.22 feet, with a total outside width of the load not exceeding 12 151.23 feet, to be operated on public streets and highways between 151.24 August 1 and March 1 within 35 miles of the border between this 151.25 state and the state of North Dakota. 151.26 (c) The commissioner and local authorities may issue an 151.27 annual permit to enable a vehicle carrying square bales of hay, 151.28 each with an outside dimension of not less than three feet by 151.29 four feet by seven feet, with a total height of the loaded 151.30 vehicle not exceeding 15 feet, to be operated on those public 151.31 streets and highways designated in the permit. 151.32 Subd. 2. [RESTRICTIONS ON PERMITS.] Permits issued under 151.33 this section are governed by the applicable provisions of 151.34 section 169G.71 except as otherwise provided herein and, in 151.35 addition, carry the following restrictions: 151.36 (a) The vehicles may not be operated between sunset and 152.1 sunrise, when visibility is impaired by weather, fog, or other 152.2 conditions rendering persons and vehicles not clearly visible at 152.3 a distance of 500 feet, or on Sunday from noon until sunset, or 152.4 on the days the following holidays are observed: New Year's 152.5 Day, Memorial Day, Independence Day, Labor Day, Thanksgiving 152.6 Day, and Christmas Day. 152.7 (b) The vehicles may not be operated on interstate highways. 152.8 (c) The vehicles may not be operated on a trunk highway 152.9 with a pavement less than 24 feet wide. 152.10 (d) A vehicle operated under the permit must be equipped 152.11 with a retractable or removable mirror on the left side so 152.12 located that it will reflect to the driver a clear view of the 152.13 highway for a distance of at least 200 feet to the rear of the 152.14 vehicle. 152.15 (e) A vehicle operated under the permit must display red, 152.16 orange, or yellow flags, 18 inches square, as markers at the 152.17 front and rear and on both sides of the load. The load must be 152.18 securely bound to the transporting vehicle. 152.19 (f) Farm vehicles not for hire carrying round baled hay 152.20 less than 20 miles are exempt from the requirement to obtain a 152.21 permit. All other requirements of this section apply to 152.22 vehicles transporting round baled hay. 152.23 (g) The fee for the permit is $24. 152.24 Sec. 18. [169G.75] [SPECIAL PULPWOOD VEHICLE PERMIT.] 152.25 Subdivision 1. [SPECIAL VEHICLE.] The commissioner may 152.26 issue a permit for a vehicle that meets the following 152.27 requirements: 152.28 (a) There must be no more than two support points for the 152.29 vehicle or for each vehicle of a vehicle combination. The 152.30 support point of each axle group must be capable of distributing 152.31 the load equally to each axle of the group with a variance of no 152.32 more than 3,000 pounds between any two axles of the group. 152.33 (b) The maximum wheel load may not exceed the tire 152.34 manufacturer's recommended load or the following weight limits, 152.35 whichever is less: 152.36 (1) front steering axles, 550 pounds per inch; 153.1 (2) other single axles, 500 pounds per inch; 153.2 (3) tandem axles, 450 pounds per inch; and 153.3 (4) tridem or quad axle groups, 425 pounds per inch. 153.4 (c) The axle group weights must comply with the limitations 153.5 of section 169G.51, subdivision 7. 153.6 (d) The vehicle may not be equipped with a variable load 153.7 axle, unless the variable load axle cannot be operated from the 153.8 cab of the vehicle. 153.9 (e) The vehicle transports pole-length pulpwood, carries a 153.10 gross vehicle weight of not more than 82,000 pounds, and has six 153.11 axles. 153.12 Subd. 2. [PERMIT RESTRICTIONS.] A vehicle operating under 153.13 a permit issued under this section may not travel on an 153.14 interstate highway. The permit does not authorize the vehicle 153.15 to exceed allowable gross weights that restrict travel on a 153.16 highway or bridge under the authority of the commissioner or a 153.17 local road authority. 153.18 ENFORCEMENT OF WEIGHT RESTRICTIONS 153.19 Sec. 19. [169G.81] [WEIGHING.] 153.20 Subdivision 1. [SUBMITTING TO WEIGHING.] The driver of a 153.21 vehicle that has been lawfully stopped may be required by a 153.22 peace officer to submit the vehicle and load to a weighing by 153.23 means of portable or stationary scales, and the peace officer 153.24 may require that the vehicle be driven to the nearest available 153.25 scales if the distance to the scales is no further than five 153.26 miles, or if the distance from the point where the vehicle is 153.27 stopped to the vehicle's destination is not increased by more 153.28 than ten miles as a result of proceeding to the nearest 153.29 available scales. Official traffic control devices as 153.30 authorized by section 169D.07 may be used to direct the driver 153.31 to the nearest scale. When a truck weight enforcement operation 153.32 is conducted by means of portable or stationary scales and signs 153.33 giving notice of the operation are posted within the highway 153.34 right-of-way and adjacent to the roadway within two miles of the 153.35 operation, the driver of a truck or combination of vehicles 153.36 registered for or weighing more than 12,000 pounds shall proceed 154.1 to the scale site and submit the vehicle to weighing and 154.2 inspection. 154.3 Subd. 2. [UNLOADING.] Upon weighing a vehicle and load, as 154.4 provided in this section, an officer may require the driver to 154.5 stop the vehicle in a suitable place and remain standing until a 154.6 portion of the load is removed that is sufficient to reduce the 154.7 gross weight of the vehicle to the limit permitted under section 154.8 169G.51. A suitable place is a location where loading or 154.9 tampering with the load is not prohibited by federal, state, or 154.10 local law, rule or ordinance. A driver may be required to 154.11 unload a vehicle only if the weighing officer determines that: 154.12 (a) on routes subject to the provisions of section 169G.51, 154.13 the weight on an axle exceeds the lawful gross weight prescribed 154.14 by section 169G.51, by 2,000 pounds or more, or the weight on a 154.15 group of two or more consecutive axles in cases where the 154.16 distance between the centers of the first and last axles of the 154.17 group under consideration is ten feet or less exceeds the lawful 154.18 gross weight prescribed by section 169.825, by 4,000 pounds or 154.19 more; 154.20 (b) on routes designated by the commissioner in section 154.21 169G.53, subdivision 1, the overall weight of the vehicle or the 154.22 weight on an axle or group of consecutive axles exceeds the 154.23 maximum lawful gross weights prescribed by section 169G.51; or 154.24 (c) the weight is unlawful on an axle or group of 154.25 consecutive axles on a road restricted in accordance with 154.26 section 169G.61. Material unloaded must be cared for by the 154.27 owner or driver of the vehicle at the risk of the owner or 154.28 driver. 154.29 Sec. 20. [169G.815] [SECOND DEGREE MISDEMEANOR WEIGHING 154.30 VIOLATION.] 154.31 A driver of a vehicle is guilty of a second degree 154.32 misdemeanor if the driver: 154.33 (a) fails or refuses to stop and submit the vehicle and 154.34 load to a weighing as required by section 169G.81; or 154.35 (b) fails or refuses, when directed by an officer upon a 154.36 weighing of the vehicle, to stop the vehicle and otherwise 155.1 comply with the provisions of section 169G.81. 155.2 Sec. 21. [169G.83] [WEIGHT RECORD RELEVANT EVIDENCE.] 155.3 A document evidencing the receipt of goods issued by the 155.4 person consigning the goods for shipment or a person engaged in 155.5 the business of transporting or forwarding goods, which states a 155.6 gross weight of the vehicle and load or the weight of the load 155.7 when combined with the empty weight of the vehicle that exceeds 155.8 the prescribed maximum weight limitation permitted by this 155.9 chapter is relevant evidence that the weight of the vehicle and 155.10 load is unlawful. For the purposes of this section and sections 155.11 169G.85 and 169G.87, a document required to be kept under 155.12 section 169G.85 indicating a unit of measure that, when 155.13 converted to weight and combined with the weight of the empty 155.14 vehicle, indicates a gross weight exceeding the prescribed 155.15 maximum weight limitation permitted by this chapter is relevant 155.16 evidence that the weight of the vehicle and load is unlawful. 155.17 The foregoing provisions do not limit the introduction of other 155.18 competent evidence bearing upon the question of whether or not 155.19 there is a violation of the prescribed maximum weight 155.20 limitations permitted by this chapter. 155.21 Sec. 22. [169G.85] [RECEIPT OF CERTAIN OVERWEIGHT LOADS.] 155.22 Subdivision 1. [RECORDKEEPING.] (a) A person who weighs 155.23 goods before or after unloading or a person who loads or unloads 155.24 goods on the basis of liquid volume measure shall keep a written 155.25 record of: 155.26 (1) the origin, weight, and composition of each shipment; 155.27 (2) the date of loading or receipt; 155.28 (3) the name and address of the shipper; 155.29 (4) the total number of axles on the vehicle or combination 155.30 of vehicles; and 155.31 (5) the license plate number of the power unit or some 155.32 other means of identification by which the shipment was 155.33 transported. 155.34 (b) The record shall be retained for 30 days and shall be 155.35 open to inspection and copying by a state law enforcement 155.36 officer or motor transport representative, except state 156.1 conservation officers, upon demand. No search warrant is 156.2 required to inspect or copy the record. 156.3 (c) This subdivision does not apply to: 156.4 (1) a person weighing goods who is not involved in the 156.5 shipping, receiving, and transporting of those goods; or 156.6 (2) a person weighing raw and unfinished farm products 156.7 transported in a single unit vehicle with not more than three 156.8 axles or by a trailer towed by a farm tractor when the 156.9 transportation is the first haul of the product. 156.10 Subd. 2. [EVIDENCE.] Except for records relating to the 156.11 loading and unloading of the first haul of unprocessed or raw 156.12 farm products and the transportation of raw and unfinished 156.13 forest products, a record kept and maintained as provided in 156.14 subdivision 1 that shows that a vehicle has exceeded a gross 156.15 weight limit imposed by this chapter is relevant evidence of a 156.16 violation of this chapter. The foregoing provisions do not 156.17 limit the introduction of other competent evidence bearing upon 156.18 the question of whether or not there is a violation of the 156.19 prescribed maximum weight limitation permitted by this chapter. 156.20 Sec. 23. [169G.855] [SECOND DEGREE MISDEMEANOR 156.21 RECORDKEEPING VIOLATION]. 156.22 A person is guilty of a second degree misdemeanor if the 156.23 person fails to: 156.24 (a) keep, maintain, or open for inspection and copying, 156.25 those documents as required in section 169G.85; or 156.26 (b) accurately record the information required to be 156.27 contained in those documents required in section 169G.85. 156.28 Sec. 24. [169G.87] [CIVIL PENALTY.] 156.29 Subdivision 1. [CIVIL LIABILITY.] (a) The owner or lessee 156.30 of a vehicle that is operated with a gross weight exceeding a 156.31 weight limit imposed under this chapter or a shipper who ships 156.32 or tenders goods for shipment in a single truck or combination 156.33 vehicle that exceeds a weight limit imposed under this chapter 156.34 is liable for a civil penalty as follows: 156.35 (1) if the total gross excess weight is not more than 1,000 156.36 pounds, one cent per pound for each pound exceeding the legal 157.1 limit; 157.2 (2) if the total gross excess weight is more than 1,000 157.3 pounds but not more than 3,000 pounds, $10 plus five cents per 157.4 pound for each pound exceeding 1,000 pounds; 157.5 (3) if the total gross excess weight is more than 3,000 157.6 pounds but not more than 5,000 pounds, $110 plus ten cents per 157.7 pound for each pound exceeding 3,000 pounds; 157.8 (4) if the total gross excess weight is more than 5,000 157.9 pounds but not more than 7,000 pounds, $310 plus 15 cents per 157.10 pound for each pound exceeding 5,000 pounds; and 157.11 (5) if the total gross excess weight is more than 7,000 157.12 pounds, $610 plus 20 cents per pound for each pound exceeding 157.13 7,000 pounds. 157.14 (b) Any penalty imposed upon a defendant under this 157.15 subdivision shall not exceed the penalty prescribed by this 157.16 subdivision. Any fine paid by the defendant in a criminal 157.17 overweight action that arose from the same overweight violation 157.18 shall be applied toward payment of the civil penalty under this 157.19 subdivision. A peace officer who cites a driver for a violation 157.20 of the weight limitations established by this chapter shall give 157.21 written notice to the driver that the driver or another may also 157.22 be liable for the civil penalties provided herein in the same or 157.23 separate proceedings. 157.24 Subd. 2. [SPECIAL PERMIT VIOLATIONS.] (a) The owner or 157.25 lessee of a vehicle that is operated with a gross weight 157.26 exceeding a weight limit imposed by permit under sections 157.27 169G.71 and 169G.73 and a shipper who ships or tenders goods for 157.28 shipment in a single truck or combination vehicle that exceeds a 157.29 weight limit permitted under sections 169G.71 or 169G.73 is 157.30 liable for a civil penalty at a rate of five cents per pound for 157.31 each pound exceeding the weight permitted under section 169G.71 157.32 or 169G.73, or $100, whichever is greater. 157.33 (b) Any penalty imposed upon a defendant under this 157.34 subdivision shall not exceed the penalty prescribed by this 157.35 subdivision. Any fine paid by the defendant in a criminal 157.36 overweight action that arose from the same overweight violation 158.1 may not be applied toward payment of the civil penalty under 158.2 this subdivision. A peace officer who cites a driver for a 158.3 violation of the weight limitations established by permit 158.4 pursuant to section 169G.71 or 169G.73 shall give written notice 158.5 to the driver that the driver or another may also be liable for 158.6 the civil penalty provided in this subdivision in the same or 158.7 separate proceedings. 158.8 Subd. 3. [CIVIL PENALTY FOR FIRST TWO VIOLATIONS.] 158.9 Notwithstanding subdivision 1, paragraph (a), a civil penalty 158.10 under subdivision 1 for a violation in a motor vehicle in the 158.11 course of a first haul of a weight limit imposed under this 158.12 chapter that is not preceded by two or more violations of the 158.13 gross weight limits in those sections in that motor vehicle 158.14 within the previous 12 months, may not exceed $150. 158.15 Subd. 4. [TRIALS.] Trials under this section shall be to 158.16 the court, sitting without a jury. Trials to the court under 158.17 this section shall, if possible, be conducted at the same time 158.18 as pretrial motions or trials in the criminal prosecution under 158.19 this chapter, if any, subject to the agreement of the defendant. 158.20 Subd. 5. [APPEARANCES.] Notwithstanding the provisions of 158.21 section 8.01, county or city attorneys may appear in civil 158.22 actions commenced under this section at the request of the 158.23 attorney general. 158.24 Subd. 6. [VENUE.] Civil actions under this section may be 158.25 commenced in any county in which the vehicle was loaded, 158.26 unloaded, or operated in violation of subdivision 1 unless there 158.27 is agreement that the action may be tried in another county. 158.28 Subd. 7. [FINES.] Any penalty imposed and fines collected 158.29 pursuant to this section shall be disposed of as provided in 158.30 section 299D.03, subdivision 5, with the following exceptions: 158.31 (a) If the violation occurs in the county, and the county 158.32 attorney appears in the action, the remaining five-eighths shall 158.33 be credited to the highway user tax distribution fund. 158.34 (b) If the violation occurs within the city, and the city 158.35 attorney appears in the action, the remaining one-third shall be 158.36 paid to the highway user tax distribution fund. 159.1 (c) Except as provided in paragraph (d), when the attorney 159.2 general appears in the action, all penalties imposed and fines 159.3 collected shall be credited to the highway user tax distribution 159.4 fund. 159.5 (d) If the violation occurs in Hennepin county, and the 159.6 arrest or apprehension is made by the county sheriff, 159.7 three-eighths of the civil penalty shall be credited to the 159.8 general revenue fund of the county and the remaining 159.9 five-eighths shall be credited to the highway user tax 159.10 distribution fund. 159.11 Subd. 8. [COSTS AND DISBURSEMENTS.] The prevailing party 159.12 in any action commenced under this section shall be entitled to 159.13 reasonable costs incurred in the action. 159.14 Subd. 9. [SHIPPER'S GOOD FAITH EXCEPTION.] (a) The penalty 159.15 imposed by subdivision 1 shall not be imposed on a shipper who 159.16 ships goods or tenders goods for shipment in a vehicle that does 159.17 not exceed the maximum gross weight for which the truck is 159.18 licensed under section 168.013, subdivision 1e, if: 159.19 (a) the vehicle is licensed pursuant to section 168.013, 159.20 subdivision 1e; 159.21 (b) the operator of the vehicle is not under the control of 159.22 the shipper; 159.23 (c) the operator has requested that the vehicle be loaded 159.24 to the maximum gross weight for which the vehicle is licensed; 159.25 and 159.26 (d) the road leading from the shipper's immediate place of 159.27 shipment may be legally used for the allowed gross weight of the 159.28 vehicle with its legally maximum load. 159.29 Sec. 25. [169G.89] [DAMAGES; LIABILITY.] 159.30 Subdivision 1. [ILLEGAL OR OVERWEIGHT OPERATION.] Any 159.31 person driving any vehicle, object, or contrivance upon any 159.32 highway or highway structure shall be liable for all damage that 159.33 the highway or highway structure may sustain as a result of: 159.34 (a) any illegal operation, driving, or moving of the 159.35 vehicle, object, or contrivance; or 159.36 (b) operation, driving, or moving any vehicle, object, or 160.1 contrivance weighing more than the maximum weight in this 160.2 chapter but authorized by a special permit issued as provided in 160.3 this chapter. 160.4 Subd. 2. [JOINT LIABILITY.] When the driver is not the 160.5 owner of the vehicle, object, or contrivance, but is so 160.6 operating, driving, or moving the same with the express or 160.7 implied permission of the owner, then the owner and driver shall 160.8 be jointly and severally liable for any such damage. 160.9 Subd. 3. [WILLFUL OR NEGLIGENT DAMAGE.] Any person who by 160.10 willful acts or failure to exercise due care, damages any road, 160.11 street, or highway or highway structure shall be liable for the 160.12 amount thereof. 160.13 Subd. 4. [CIVIL ACTION.] Damages under this section may be 160.14 recovered in a civil action brought by the authorities in 160.15 control of the highway or highway structure. 160.16 ARTICLE 5 160.17 PARKING AND TOWING 160.18 STOPPING, STANDING, AND PARKING GENERALLY 160.19 Section 1. [169H.11] [STOPPING, STANDING, AND PARKING 160.20 OUTSIDE BUSINESS OR RESIDENCE DISTRICT.] 160.21 Subdivision 1. [UNLAWFUL ACTS.] Except as provided in 160.22 subdivision 2, upon any highway outside of a business or 160.23 residence district: 160.24 (a) no person shall stop, park, or leave standing any 160.25 vehicle, whether attended or unattended, upon the paved, 160.26 improved, or main traveled part of any highway when it is 160.27 practical to stop, park, or so leave the vehicle off that part 160.28 of the highway; 160.29 (b) a clear and unobstructed width of at least 20 feet of 160.30 the part of the highway opposite the standing vehicle shall be 160.31 left for the free passage of other vehicles; and 160.32 (c) a clear view of the stopped vehicle shall be available 160.33 from a distance of 200 feet in each direction upon the highway. 160.34 Subd. 2. [EXCEPTIONS.] This section does not apply to the 160.35 driver of: 160.36 (a) any vehicle that is disabled while on the paved, 161.1 improved, or main traveled portion of a highway in such a manner 161.2 and to such extent that it is impossible to avoid stopping and 161.3 temporarily leaving the disabled vehicle in that position; or 161.4 (b) a school bus stopped for the purpose of receiving or 161.5 discharging any school child, if the school bus is: 161.6 (1) equipped and identified as provided in sections 169E.05 161.7 and 169E.07, subdivision 1; and 161.8 (2) displaying the flashing red lamps and stop arm required 161.9 therein. 161.10 Sec. 2. [169H.13] [PEACE OFFICER MAY MOVE VEHICLE.] 161.11 Subdivision 1. [VEHICLE IMPROPERLY PARKED OUTSIDE BUSINESS 161.12 OR RESIDENCE DISTRICT.] When any peace officer finds a vehicle 161.13 standing upon a highway in violation of any of the provisions of 161.14 section 169H.11, the officer may move the vehicle, or require 161.15 the driver or other person in charge of the vehicle to move the 161.16 vehicle, to a position off the paved, improved, or main traveled 161.17 part of the highway. 161.18 Subd. 2. [VEHICLE OBSTRUCTING TRAFFIC.] When any peace 161.19 officer finds a vehicle unattended upon any street or highway, 161.20 upon any bridge or causeway, or in any tunnel where the vehicle 161.21 constitutes an obstruction to traffic, the officer may provide 161.22 for the removal of the vehicle and remove the same to the 161.23 nearest convenient garage or other place of safety. 161.24 Sec. 3. [169H.15] [PROHIBITIONS; STOPPING, PARKING.] 161.25 Subdivision 1. [STOPPING, STANDING, OR PARKING.] No person 161.26 shall stop, stand, or park a vehicle, except when necessary to 161.27 avoid conflict with other traffic or in compliance with the 161.28 directions of a peace officer or traffic-control device, in any 161.29 of the following places: 161.30 (a) on a sidewalk; 161.31 (b) in front of a public or private driveway; 161.32 (c) within an intersection; 161.33 (d) within ten feet of a fire hydrant; 161.34 (e) on a crosswalk; 161.35 (f) within 20 feet of a crosswalk at an intersection; 161.36 (g) within 30 feet upon the approach to any flashing 162.1 beacon, stop sign, or traffic-control signal located at the side 162.2 of a roadway; 162.3 (h) between a safety zone and the adjacent curb or within 162.4 30 feet of points on the curb immediately opposite the ends of a 162.5 safety zone, unless a different length is indicated by signs or 162.6 markings; 162.7 (i) within 50 feet of the nearest rail of a railroad 162.8 crossing; 162.9 (j) within 20 feet of the driveway entrance to any fire 162.10 station and on the side of a street opposite the entrance to any 162.11 fire station within 75 feet of the entrance when properly 162.12 signposted; 162.13 (k) alongside or opposite any street excavation or 162.14 obstruction when the stopping, standing, or parking would 162.15 obstruct traffic; 162.16 (l) on the roadway side of any vehicle stopped or parked at 162.17 the edge or curb of a street; 162.18 (m) upon any bridge or other elevated structure upon a 162.19 highway or within a highway tunnel, except as otherwise provided 162.20 by ordinance; or 162.21 (n) at any place where official signs prohibit stopping. 162.22 Subd. 2. [MOVING VEHICLE TO PROHIBITED AREA.] No person 162.23 shall move a vehicle not owned by the person into any prohibited 162.24 area or away from a curb such distance as is unlawful. 162.25 Subd. 3. [CAMPING.] No person shall, for camping purposes, 162.26 leave or park a travel trailer on or within the limits of any 162.27 highway or on any highway right-of-way, except where signs are 162.28 erected designating the place as a campsite. 162.29 Subd. 4. [PEACE OFFICER DIRECTION.] No person shall stop 162.30 or park a vehicle on a street or highway when directed or 162.31 ordered to proceed by any peace officer invested by law with 162.32 authority to direct, control, or regulate traffic. 162.33 Sec. 4. [169H.17] [GOOD SAMARITAN; EXCEPTION TO STOPPING 162.34 AND PARKING PROHIBITIONS.] 162.35 Subdivision 1. [AIDING OTHER MOTORIST.] A person who stops 162.36 or parks that person's motor vehicle on any highway or street 163.1 for the sole purpose of aiding another motorist who signals for 163.2 assistance by raising the hood of the vehicle or displaying a 163.3 flag, flare, or similar signal is not in violation of any law, 163.4 ordinance, or rule prohibiting the stopping or parking of a 163.5 motor vehicle, and no peace officer shall issue a traffic ticket 163.6 therefor if: 163.7 (a) the motorist in distress is not already being given aid 163.8 or assistance; 163.9 (b) the person takes reasonable safety precautions in 163.10 stopping and parking the vehicle, and conforms with other laws 163.11 regulating the stopping and parking of vehicles; 163.12 (c) the person is not in violation of traffic laws or rules 163.13 other than the prohibition against stopping and parking; and 163.14 (d) the person promptly leaves the scene if directed to 163.15 leave by a peace officer. 163.16 Subd. 2. [UNATTENDED VEHICLE.] This section does not apply 163.17 to any person who stops or parks a vehicle next to an unattended 163.18 vehicle. 163.19 PARKING FOR PHYSICALLY DISABLED 163.20 Sec. 5. [169H.21] [PARKING PRIVILEGES FOR PHYSICALLY 163.21 DISABLED.] 163.22 Subdivision 1. [SCOPE OF PRIVILEGE.] (a) If a physically 163.23 disabled person parks a vehicle displaying a certificate issued 163.24 under subdivision 3, license plates described in section 163.25 168.021, or a temporary permit valid for 30 days and issued to 163.26 an eligible person awaiting receipt of the license plates 163.27 described in that section, or a person parks the vehicle for a 163.28 physically disabled person, the person may park the vehicle as 163.29 follows: 163.30 (1) in a designated parking space for disabled persons, as 163.31 provided in section 169H.23; and 163.32 (2) in a metered parking space without obligation to pay 163.33 the meter fee and without time restrictions unless time 163.34 restrictions are separately posted on official signs. 163.35 (b) For purposes of this subdivision, a certificate is 163.36 prominently displayed if it is displayed so that it may be 164.1 viewed from the front and rear of the vehicle by hanging it from 164.2 the rearview mirror attached to the front windshield of the 164.3 vehicle. If there is no rearview mirror or if the certificate 164.4 holder's disability precludes placing the certificate on the 164.5 mirror, the placard must be displayed on the dashboard on the 164.6 driver's side of the vehicle. No part of the certificate may be 164.7 obscured. 164.8 (c) Notwithstanding paragraph (a), this section does not 164.9 permit parking in: 164.10 (1) areas prohibited by sections 169H.11 and 169H.13; 164.11 (2) designated no parking spaces; or 164.12 (3) parking spaces reserved for specified purposes or 164.13 vehicles. 164.14 (d) A local governmental unit may, by ordinance, prohibit 164.15 parking on any street or highway to create a fire lane, or to 164.16 accommodate heavy traffic during morning and afternoon rush 164.17 hours, and these ordinances also apply to physically disabled 164.18 persons. 164.19 Subd. 2. [PHYSICIAN'S OR CHIROPRACTOR'S STATEMENT.] (a) 164.20 The commissioner shall develop a form for the physician's or 164.21 chiropractor's statement. The statement must be signed by a 164.22 licensed physician or chiropractor who certifies that the 164.23 applicant is a physically disabled person. The commissioner may 164.24 request additional information from the physician or 164.25 chiropractor if needed to verify the applicant's eligibility. 164.26 The statement that the applicant is a physically disabled person 164.27 must specify whether the disability is permanent or temporary, 164.28 and if temporary, the opinion of the physician or chiropractor 164.29 as to the duration of the disability. 164.30 (b) It is unlawful for a physician or chiropractor to 164.31 fraudulently certify to the commissioner that a person is a 164.32 physically disabled person, and that the person is entitled to 164.33 the license plates authorized by section 168.021 or to the 164.34 certificate authorized by this section. 164.35 (c) The commissioner may waive the requirement of providing 164.36 a statement of a licensed physician or chiropractor, if the 165.1 applicant has previously filed with the commissioner a statement 165.2 of a licensed physician or chiropractor certifying that the 165.3 applicant has a permanent physical disability. 165.4 Subd. 3. [IDENTIFYING CERTIFICATE.] (a) The division of 165.5 driver and vehicle services in the department of public safety 165.6 shall issue: 165.7 (1) immediately, a temporary permit valid for 30 days, if 165.8 the person is eligible for the certificate issued under this 165.9 paragraph; and 165.10 (2) a special identifying certificate for a motor vehicle 165.11 when a physically disabled applicant submits proof of physical 165.12 disability under subdivision 2. The commissioner shall design 165.13 separate certificates for persons with permanent and temporary 165.14 disabilities that can be readily distinguished from each other 165.15 from outside a vehicle at a distance of 25 feet. The 165.16 certificate is valid: 165.17 (i) for six years, if the disability is specified in the 165.18 physician's or chiropractor's statement as permanent; and 165.19 (ii) for a period not to exceed six months, if the 165.20 disability is specified as temporary. 165.21 (b) When the commissioner is satisfied that a motor vehicle 165.22 is used primarily for the purpose of transporting physically 165.23 disabled persons, the division may issue without charge: 165.24 (1) immediately, a temporary permit valid for 30 days, if 165.25 the operator is eligible for the certificate issued under this 165.26 paragraph; and 165.27 (2) a special identifying certificate for the vehicle. The 165.28 operator of a vehicle displaying the certificate or temporary 165.29 permit has the parking privileges provided in subdivision 1 165.30 while the vehicle is in use for transporting physically disabled 165.31 persons. The certificate issued to a person transporting 165.32 physically disabled persons must be renewed every third year. 165.33 On application and renewal, the person must present evidence 165.34 that the vehicle continues to be used for transporting 165.35 physically disabled persons. 165.36 (c) A certificate must be made of plastic or similar 166.1 durable material and must bear its expiration date prominently 166.2 on both sides. A certificate issued prior to January 1, 1994, 166.3 must bear its expiration date prominently on its face and will 166.4 remain valid until that date or December 31, 2000, whichever 166.5 comes first. A certificate issued to a temporarily disabled 166.6 person must display the date of expiration of the duration of 166.7 the disability, as determined under paragraph (a). Each 166.8 applicant must be provided a summary of the parking privileges 166.9 and restrictions that apply to each vehicle for which the 166.10 certificate is used. The commissioner may charge a fee of $5 166.11 for issuance or renewal of a certificate or temporary permit, 166.12 and a fee of $5 for a duplicate to replace a lost, stolen, or 166.13 damaged certificate or temporary permit. The commissioner shall 166.14 not charge a fee for issuing a certificate to a person who has 166.15 paid a fee for issuance of a temporary permit. 166.16 Subd. 4. [UNAUTHORIZED USE OF CERTIFICATE; REVOCATION.] If 166.17 a peace officer or authorized agent of the citizen enforcement 166.18 program finds that the certificate or temporary permit is being 166.19 improperly used, the officer or agent shall report the violation 166.20 to the division of driver and vehicle services in the department 166.21 of public safety and the commissioner may revoke the certificate 166.22 or temporary permit. It is unlawful to use the certificate or 166.23 temporary permit in violation of this section. 166.24 Subd. 5. [UNAUTHORIZED USE OF SPECIAL PLATES.] (a) It is 166.25 unlawful for any person to use the plates or temporary permit 166.26 provided under section 168.021 on a motor vehicle in violation 166.27 of this section. This subdivision does not preclude a person 166.28 who is not physically disabled from operating a vehicle bearing 166.29 the plates or temporary permit if the person: 166.30 (1) is the owner of the vehicle and permits its operation 166.31 by a physically disabled person; 166.32 (2) operates the vehicle with the consent of the owner who 166.33 is physically disabled; or 166.34 (3) is the owner of the vehicle, is the custodial parent or 166.35 guardian of a permanently physically disabled minor, and 166.36 operates the vehicle to transport the minor. 167.1 (b) A driver who is not disabled is not entitled to the 167.2 parking privileges provided in this section and section 169H.23 167.3 unless parking the vehicle for a physically disabled person. 167.4 Sec. 6. [169H.215] [THIRD DEGREE MISDEMEANOR DISABILITY 167.5 CERTIFICATE VIOLATION.] 167.6 A physician or chiropractor who violates section 169H.21, 167.7 subdivision 2, paragraph (b), is guilty of a third degree 167.8 misdemeanor. 167.9 Sec. 7. [169H.217] [INFRACTION DISABILITY CERTIFICATE 167.10 VIOLATION.] 167.11 Whoever violates section 169H.21, subdivision 5, is guilty 167.12 of an infraction. 167.13 Sec. 8. [169H.23] [DISABLED SPACE; IMPROPER PARKING; 167.14 OBSTRUCTION.] 167.15 Subdivision 1. [PARKING CRITERIA.] A person shall not: 167.16 (a) park a motor vehicle in or obstruct access to a parking 167.17 space designated and reserved for the physically disabled, on 167.18 either private or public property; 167.19 (b) park a motor vehicle in or obstruct access to an area 167.20 designated by a local governmental unit as a transfer zone for 167.21 disabled persons; 167.22 (c) exercise the parking privilege provided in section 167.23 169H.21, unless: 167.24 (1) the person is a physically disabled person or the 167.25 person is transporting or parking a vehicle for a physically 167.26 disabled person; and 167.27 (2) the vehicle visibly displays one of the following: 167.28 (i) a license plate issued under section 168.021; 167.29 (ii) a certificate issued under section 169H.21; 167.30 (iii) a temporary permit valid for 30 days issued under 167.31 section 168.021 or 169H.21; or 167.32 (iv) an equivalent certificate, insignia, or license plate 167.33 issued by another state, a foreign country, or one of its 167.34 political subdivisions; or 167.35 (d) park a motor vehicle in an area used as a regular route 167.36 transit stopping point where a transit vehicle that is 168.1 accessible to the physically disabled regularly stops and a sign 168.2 that bears the international symbol of access in white on blue 168.3 is posted. A sign posted under this paragraph may display other 168.4 information relating to the regular route transit service. For 168.5 purposes of this paragraph, an area used as a regular route 168.6 transit stopping point consists of the 80 feet immediately 168.7 preceding the sign described in this paragraph. 168.8 Subd. 2. [EXCEPTION.] A physically disabled person, or a 168.9 person parking a vehicle for a disabled person, who is charged 168.10 with violating subdivision 1 because the person parked in a 168.11 parking space for physically disabled persons without the 168.12 required certificate, license plates, or temporary permit shall 168.13 not be convicted if the person: 168.14 (a) produces at any time before conviction the required 168.15 certificate, temporary permit, or evidence that the person has 168.16 been issued license plates under section 168.021; and 168.17 (b) demonstrates entitlement to the certificate, plates, or 168.18 temporary permit at the time of arrest or tagging. 168.19 Subd. 3. [SIGNS; PARKING SPACES FREE OF OBSTRUCTIONS.] (a) 168.20 Parking spaces reserved for physically disabled persons must be 168.21 designated and identified by the posting of signs incorporating 168.22 the international symbol of access in white on blue and 168.23 indicating that violators are subject to a fine of up to $500. 168.24 These parking spaces are reserved for disabled persons with 168.25 vehicles displaying the required certificate, license plates, 168.26 temporary permit valid for 30 days, or insignia. Signs sold 168.27 after August 1, 1991, must conform to the design requirements in 168.28 this paragraph. For purposes of this subdivision, a parking 168.29 space that is clearly identified as reserved for physically 168.30 disabled persons by a permanently posted sign that does not meet 168.31 all design standards, is considered designated and reserved for 168.32 physically disabled persons. A sign posted for the purpose of 168.33 this section must be visible from inside a vehicle parked in the 168.34 space, be kept clear of snow or other obstructions that block 168.35 its visibility, and be nonmovable or only movable by authorized 168.36 persons. 169.1 (b) The owner or manager of the property on which the 169.2 designated parking space is located shall ensure that the space 169.3 is kept free of obstruction. It is unlawful for an owner or 169.4 manager to allow the space to be blocked by snow, merchandise, 169.5 or similar obstructions for 24 hours after receiving a warning 169.6 from a peace officer. 169.7 Subd. 4. [ENFORCEMENT.] A person who violates subdivision 169.8 1 shall be fined not less than $100 or more than $200. This 169.9 section shall be enforced in the same manner as parking 169.10 ordinances or regulations in the governmental subdivision in 169.11 which the violation occurs. Law enforcement officers have the 169.12 authority to tag vehicles parked on either private or public 169.13 property in violation of subdivision 1. 169.14 Subd. 5. [LOCAL ORDINANCE; CITIZEN ENFORCEMENT PROGRAM.] A 169.15 statutory or home rule charter city may, by ordinance, establish 169.16 a program to enforce the parking restrictions of this section or 169.17 any similar local ordinance, relating to parking spaces for the 169.18 physically disabled, by using citizen volunteers to issue 169.19 citations to violators. The ordinance shall contain a process 169.20 for training program participants in the requirements of the 169.21 law, the method of issuing citations, and other related matters. 169.22 Program participants who satisfy the training requirements of 169.23 the ordinance are authorized to issue citations for violations 169.24 of this section and are exempt from any other training or 169.25 licensure requirements imposed on law enforcement officers by 169.26 chapter 626. 169.27 OTHER PARKING PROVISIONS 169.28 Sec. 9. [169H.31] [PARKING PARALLEL TO CURB OR ROADWAY.] 169.29 Subdivision 1. [PARALLEL TO CURB.] (a) Except as provided 169.30 in paragraph (b), each vehicle stopped or parked upon a two-way 169.31 roadway where there is an adjacent curb shall be so stopped or 169.32 parked with the right-hand wheels of the vehicle parallel with 169.33 and within 12 inches of the right-hand curb. 169.34 (b) Paragraph (a) does not apply to: 169.35 (1) a roadway other than a trunk highway where angle 169.36 parking is permitted by local ordinance; or 170.1 (2) a state trunk highway where angle parking is permitted 170.2 by local ordinance with the commissioner's approval. 170.3 Subd. 2. [WHERE NO CURB.] Upon streets and highways not 170.4 having a curb each vehicle stopped or parked shall be stopped or 170.5 parked parallel with and to the right of the paved or improved 170.6 or main traveled part of the street or highway. 170.7 Subd. 3. [ONE-WAY ROADWAY.] Local authorities with respect 170.8 to streets and highways under their jurisdiction and with the 170.9 commissioner's consent with respect to state trunk highways may 170.10 by ordinance permit parking of vehicles with the left hand 170.11 wheels adjacent to and within 12 inches of the left hand curb of 170.12 a one-way roadway. 170.13 Sec. 10. [169H.33] [SETTING BRAKES AND TURNING FRONT 170.14 WHEELS.] 170.15 No person driving or in charge of a motor vehicle shall 170.16 permit it to stand unattended without: 170.17 (a) effectively setting the brake thereon; and 170.18 (b) turning the front wheels to the curb or side of the 170.19 highway. 170.20 TOWING 170.21 Sec. 11. [169H.41] [TOWING AUTHORIZED.] 170.22 Subdivision 1. [TOWING ORDER REQUIRED.] A towing authority 170.23 may not tow a motor vehicle from public property unless a peace 170.24 officer or parking enforcement officer has prepared, in addition 170.25 to the parking citation, a written towing report describing the 170.26 motor vehicle and the reasons for towing. The report must be 170.27 signed by the officer and the tow driver. 170.28 Subd. 2. [FOUR-HOUR WAITING PERIOD.] In enforcing state 170.29 and local parking and traffic laws, a towing authority may not 170.30 tow, or allow or require the towing of, a motor vehicle from 170.31 public property for a parking or traffic violation until four 170.32 hours after issuance of the traffic ticket or citation, except 170.33 as provided in this section or as provided for an unauthorized 170.34 vehicle in section 168B.04. 170.35 Subd. 3. [TOWING ALLOWED.] A towing authority may tow a 170.36 motor vehicle without regard to the four-hour waiting period if: 171.1 (a) the vehicle is parked in violation of snow emergency 171.2 regulations; 171.3 (b) the vehicle is parked in a rush-hour restricted parking 171.4 area; 171.5 (c) the vehicle is blocking a driveway, alley, or fire 171.6 hydrant; 171.7 (d) the vehicle is parked in a bus lane, or at a bus stop, 171.8 during hours when parking is prohibited; 171.9 (e) the vehicle is parked within 30 feet of a stop sign and 171.10 visually blocking the stop sign; 171.11 (f) the vehicle is parked in a handicap transfer zone or 171.12 handicapped parking space without a handicapped parking 171.13 certificate or handicapped license plates; 171.14 (g) the vehicle is parked in an area that has been posted 171.15 for temporary restricted parking: 171.16 (1) at least 12 hours in advance in a home rule charter or 171.17 statutory city having a population under 50,000; or 171.18 (2) at least 24 hours in advance in another political 171.19 subdivision; 171.20 (h) the vehicle is parked within the right-of-way of a 171.21 controlled access highway or within the traveled portion of a 171.22 public street when travel is allowed there; 171.23 (i) the vehicle is unlawfully parked in a zone that is 171.24 restricted by posted signs to use by fire, police, public 171.25 safety, or emergency vehicles; 171.26 (j) the vehicle is unlawfully parked on property at the 171.27 Minneapolis-St. Paul International Airport owned by the 171.28 metropolitan airports commission; 171.29 (k) a peace officer has probable cause to believe that the 171.30 vehicle is stolen, or that the vehicle constitutes or contains 171.31 evidence of a crime and impoundment is reasonably necessary to 171.32 obtain or preserve the evidence; 171.33 (l) the driver, operator, or person in physical control of 171.34 the vehicle is taken into custody and the vehicle is impounded 171.35 for safekeeping; 171.36 (m) a peace officer has probable cause to believe that the 172.1 owner, operator, or person in physical control of the vehicle 172.2 has failed to respond to five or more citations for parking or 172.3 traffic offenses; 172.4 (n) the vehicle is unlawfully parked in a zone that is 172.5 restricted by posted signs to use by taxicabs; 172.6 (o) the vehicle is unlawfully parked and prevents egress by 172.7 a lawfully parked vehicle; 172.8 (p) the vehicle is parked, on a school day during 172.9 prohibited hours, in a school zone on a public street where 172.10 official signs prohibit parking; or 172.11 (q) the vehicle is a junk, abandoned, or unauthorized 172.12 vehicle, as defined in section 168B.011, and subject to 172.13 immediate removal under chapter 168B. 172.14 Subd. 4. [TOWING PROHIBITED.] Unless the vehicle is 172.15 described in subdivision 3, a towing authority may not tow a 172.16 motor vehicle because: 172.17 (a) the vehicle has expired license plate tabs that have 172.18 been expired for less than 90 days; or 172.19 (b) the vehicle is at a parking meter on which the time has 172.20 expired and the vehicle has fewer than five unpaid parking 172.21 tickets. 172.22 Subd. 5. [PRIVATE PROPERTY.] This section does not 172.23 restrict the authority of the owner of private property to 172.24 authorize under chapter 168B the towing of a motor vehicle 172.25 unlawfully parked on the private property. 172.26 Subd. 6. [DAMAGES.] The owner or driver of a motor vehicle 172.27 towed in violation of this section is entitled to recover from 172.28 the towing authority the greater of $100 or two times the actual 172.29 damages sustained as a result of the violation. Damages 172.30 recoverable under this subdivision include but are not limited 172.31 to costs of recovering the vehicle, including time spent and 172.32 transportation costs. 172.33 Sec. 12. [169H.43] [TOWING; NOTICE TO VICTIM OF VEHICLE 172.34 THEFT.] 172.35 Subdivision 1. [NOTIFICATION.] A law enforcement agency 172.36 shall make a reasonable and good-faith effort to notify the 173.1 victim of a reported vehicle theft within 48 hours after the 173.2 agency recovers the vehicle. The notice must specify when the 173.3 agency expects to release the vehicle to the owner and how the 173.4 owner may pick up the vehicle. 173.5 Subd. 2. [CITATION DISMISSAL.] A traffic violation 173.6 citation given to the owner of the vehicle as a result of the 173.7 vehicle theft must be dismissed if the owner presents, by mail 173.8 or in person, a police report or other verification that the 173.9 vehicle was stolen at the time of the violation. 173.10 ARTICLE 6 173.11 VEHICLE INSURANCE 173.12 FAILURE TO INSURE 173.13 Section 1. [169I.11] [FAILURE TO INSURE.] 173.14 Subdivision 1. [OWNER OPERATING OR PERMITTING OPERATION 173.15 WITHOUT INSURANCE.] An owner of a vehicle with respect to which 173.16 insurance is required under sections 65B.41 to 65B.71 who 173.17 operates the vehicle or permits it to be operated upon a highway 173.18 and who knows or has reason to know that the vehicle does not 173.19 have insurance shall be sentenced as provided in sections 173.20 169I.113 to 169I.119. 173.21 Subd. 2. [NONDRIVER OWNER REQUIRED TO PROVIDE PROOF OF 173.22 INSURANCE.] (a) If a vehicle is being operated upon a highway by 173.23 a person who is not the owner of the vehicle and the driver is 173.24 not able to provide proof of insurance when requested by a peace 173.25 officer, the officer may send or provide a notice to the owner 173.26 of the vehicle requiring the owner to provide proof of insurance 173.27 covering the vehicle at the time of the officer's request to the 173.28 driver. 173.29 (b) A law enforcement agency shall utilize the following 173.30 procedure for requesting proof of insurance from the nondriver 173.31 owner: 173.32 (1) A peace officer may send or provide the owner a notice 173.33 requiring the owner to produce proof that the vehicle was 173.34 insured at the time a peace officer requested a driver of the 173.35 vehicle to produce proof of insurance. Notice by mail shall be 173.36 sent to the owner's current address or the address listed on the 174.1 owner's driver's license and is presumed to be received five 174.2 days after mailing. 174.3 (2) Within ten days after receiving the notice, the owner 174.4 shall produce the required proof of insurance to the place 174.5 stated in the notice. The owner may send the required proof of 174.6 insurance by mail as long as the peace officer receives it 174.7 within ten days. 174.8 (c) An owner who fails to provide proof of insurance within 174.9 ten days after an officer's request under this subdivision is 174.10 guilty of an offense, except as provided in paragraph (e), and 174.11 shall be sentenced as provided in sections 169I.115 to 169I.119. 174.12 (d) It is an affirmative defense for the owner that the 174.13 driver used the owner's vehicle without consent, if insurance 174.14 would not have been required absent the driver's unauthorized 174.15 use. It is not a defense that a person failed to notify the 174.16 department of public safety of a change of name or address as 174.17 required under section 169J.25. 174.18 (e) The owner is not in violation of this section if, by 174.19 the date and time specified in the citation for the owner s 174.20 first court appearance, the owner provides to the court 174.21 administrator proof that the vehicle was insured at the time of 174.22 the officer's request. The owner may send the required proof of 174.23 insurance by mail as long as the court administrator receives it 174.24 no later than the date and time specified in the citation for 174.25 the owner's first court appearance. If a citation is issued, no 174.26 person shall be convicted of violating this section if the court 174.27 administrator receives the required proof of insurance no later 174.28 than the date and time specified in the citation for the owner's 174.29 first court appearance. If the charge is made other than by 174.30 citation, no person shall be convicted of violating this section 174.31 if the person presents the required proof of insurance at the 174.32 person's first court appearance after the charge is made. 174.33 Subd. 3. [NONOWNER DRIVER WITHOUT INSURANCE.] A person, 174.34 other than an owner, who operates a vehicle with respect to 174.35 which insurance is required under sections 65B.41 to 65B.71 upon 174.36 a highway who knows or has reason to know that the owner does 175.1 not have insurance complying with section 65B.48 shall be 175.2 sentenced as provided in sections 169I.113 to 169I.119. 175.3 Subd. 4. [DRIVER, WHETHER OR NOT OWNER, REQUIRED TO 175.4 PROVIDE PROOF OF INSURANCE.] (a) Every driver shall have in 175.5 possession at all times when operating a vehicle and shall 175.6 produce at the request of a peace officer proof that the vehicle 175.7 is insured at the time of the request. If the driver does not 175.8 produce the required proof of insurance when requested by the 175.9 officer, the driver is guilty of an offense, except as provided 175.10 in paragraph (b) or (c), and shall be sentenced as provided in 175.11 sections 169I.113 to 169I.119. 175.12 (b) A driver who is not the owner of the vehicle may not be 175.13 convicted under this section unless the driver knew or had 175.14 reason to know that the owner did not have proof of insurance 175.15 required by this section, provided that the driver provides the 175.16 officer with the owner's name and address at the time of the 175.17 demand or complies with subdivision 5. 175.18 (c) A driver who is the owner of the vehicle may, no later 175.19 than the date and time specified in the citation for the 175.20 driver's first court appearance, provide to the court 175.21 administrator proof that the vehicle was insured at the time of 175.22 the officer's request. The driver may send the required proof 175.23 of insurance by mail as long as the court administrator receives 175.24 it no later than the date and time specified in the citation for 175.25 the driver's first court appearance. If a citation is issued, 175.26 no person shall be convicted of violating this section if the 175.27 court administrator receives the required proof of insurance no 175.28 later than the date and time specified in the citation for the 175.29 driver's first court appearance. If the charge is made other 175.30 than by citation, no person shall be convicted of violating this 175.31 section if the person presents the required proof of insurance 175.32 at the person's first court appearance after the charge is made. 175.33 Subd. 5. [LATER PRODUCTION OF INFORMATION BY DRIVER WHO IS 175.34 NOT OWNER.] (a) If the driver is not the owner of the vehicle, 175.35 the driver shall, no later than the date and time specified in 175.36 the citation for the driver's first court appearance, provide 176.1 the court administrator proof of insurance or the name and 176.2 address of the owner. If the charge is made other than by 176.3 citation, the information may be presented at the person's first 176.4 court appearance after the charge is made. 176.5 (b) The court administrator shall communicate the 176.6 information to the law enforcement agency that initiated the 176.7 charge. If the name and address received from the driver do not 176.8 match information available to the court administrator, the 176.9 court administrator shall notify the law enforcement agency of 176.10 the discrepancy when communicating the information. 176.11 Subd. 6. [FALSE INFORMATION.] A person who knowingly 176.12 provides false information to a peace officer or court 176.13 administrator under this section is guilty of a crime and shall 176.14 be sentenced as provided in section 169I.115 or 169I.117. 176.15 Subd. 7. [TORT LIABILITY.] If a vehicle is not insured as 176.16 required by section 65B.48, chapter 65B does not relieve the 176.17 owner of tort liability arising out of the operation, ownership, 176.18 maintenance, or use of the vehicle. 176.19 Subd. 8. [EXEMPTIONS.] Buses or other commercial vehicles 176.20 operated by the metropolitan council, commercial vehicles 176.21 required to file proof of insurance pursuant to chapter 221, and 176.22 school buses are exempt from this section. 176.23 Sec. 2. [169I.113] [GROSS MISDEMEANOR FAILURE TO INSURE.] 176.24 Subdivision 1. [PENALTY.] The operator of a vehicle who 176.25 violates section 169I.11 and who causes or contributes to 176.26 causing an accident that results in the death of any person or 176.27 in substantial bodily harm to any person, is guilty of a gross 176.28 misdemeanor. 176.29 Subd. 2. [PROSECUTION.] The same prosecuting authority who 176.30 is responsible for prosecuting misdemeanor violations of section 176.31 169I.11 is responsible for prosecuting gross misdemeanor 176.32 violations of section 169I.11. 176.33 Sec. 3. [169I.115] [FIRST DEGREE MISDEMEANOR FAILURE TO 176.34 INSURE.] 176.35 Except as provided in section 169I.113, a person is guilty 176.36 of a first degree misdemeanor if the person violates section 177.1 169I.11 within ten years after the first of two prior 177.2 convictions under section 169I.11 or a statute or ordinance in 177.3 conformity with that section. 177.4 Sec. 4. [169I.117] [SECOND DEGREE MISDEMEANOR FAILURE TO 177.5 INSURE.] 177.6 Except as provided in section 169I.113 or 169I.115, a 177.7 person is guilty of a second degree misdemeanor if the person: 177.8 (a) violates section 169I.11 within ten years after a prior 177.9 conviction under section 169I.11 or a statute or ordinance in 177.10 conformity with that section; 177.11 (b) violates section 169I.11 while committing a violation 177.12 of section 169B.11 (driver under influence); 177.13 (c) is an operator of a vehicle who violates section 177.14 169I.11 and causes or contributes to causing an accident; or 177.15 (d) violates section 169I.11, subdivision 6 (false 177.16 information). 177.17 Sec. 5. [169I.119] [INFRACTION FAILURE TO INSURE.] 177.18 Except as provided in sections 169I.113 to 169I.117, a 177.19 person who violates section 169I.11 is guilty of an infraction. 177.20 Sec. 6. [169I.13] [MINIMUM FINE FOR FAILURE TO INSURE.] 177.21 In addition to any sentence of incarceration that the court 177.22 may impose, the court shall impose a fine of not less than $200 177.23 upon conviction under section 169I.11. The court may allow 177.24 community service in lieu of all or part of any fine imposed. 177.25 In addition to criminal penalties, a person convicted under 177.26 section 169I.11 is subject to revocation of a driver's license 177.27 or permit to drive under section 169I.21, subdivision 1, and to 177.28 revocation of motor vehicle registration under section 169I.21, 177.29 subdivision 7. 177.30 Sec. 7. [169I.15] [CONSECUTIVE SENTENCES.] 177.31 The court may impose consecutive sentences for offenses 177.32 arising out of a single course of conduct as permitted in 177.33 section 169A.25. 177.34 REVOCATION AND SUSPENSION FOR FAILURE TO INSURE 177.35 Sec. 8. [169I.21] [LICENSE REVOCATION FOR FAILURE TO 177.36 INSURE.] 178.1 Subdivision 1. [LICENSE REVOCATION.] (a) Upon receiving 178.2 notification from a court administrator that a person has been 178.3 convicted of an offense under section 169I.11, the commissioner 178.4 shall revoke the person's driver's license or permit to drive. 178.5 The revocation shall be effective no sooner than 14 days after 178.6 the notification of the conviction. The commissioner shall mail 178.7 notice to the person at least ten days before the effective date 178.8 of the revocation. 178.9 (b) The person's driver's license or permit to drive shall 178.10 be revoked: 178.11 (1) for 30 days if the person has no previous driver's 178.12 license revocation or suspension under this section or section 178.13 169I.23 within the preceding five years; or 178.14 (2) for such longer period as the commissioner determines 178.15 if the person has one or more previous revocations or 178.16 suspensions under this section or section 169I.23 within the 178.17 preceding five years. 178.18 (c) After the designated period of revocation the person is 178.19 eligible for reinstatement of the person's driver's license upon 178.20 compliance with the requirements of subdivision 3. 178.21 Subd. 2. [AVOIDANCE OF REVOCATION; IMPOSITION OF FEE.] The 178.22 commissioner shall not revoke the person's driver's license 178.23 under subdivision 1 if all of the following requirements are 178.24 satisfied: 178.25 (a) The commissioner's records must show that within the 178.26 prior ten years: 178.27 (1) the person has not previously been convicted under 178.28 section 169I.11; and 178.29 (2) the person's driver's license has not been suspended 178.30 under section 169I.23. 178.31 (b) Before the effective date of the revocation required 178.32 under subdivision 1, the person must provide the commissioner 178.33 with: 178.34 (1) proof establishing that the vehicle involved in the 178.35 violation has been forfeited for nonpayment of towing or storage 178.36 fees; or 179.1 (2) proof of insurance or other verifiable insurance 179.2 information, as determined by the commissioner, establishing 179.3 that the person currently has insurance coverage satisfactory to 179.4 the commissioner. This must include: 179.5 (i) proof that the insurance covers a period of: 179.6 (A) at least six months; or 179.7 (B) at least one month, in which event the person must 179.8 submit periodic reports showing that insurance is maintained for 179.9 six months, or if the person fails to submit these reports, the 179.10 revocation under subdivision 1 may proceed; and 179.11 (ii) if required by the commissioner, proof of insurance 179.12 for all vehicles owned by the person and required to be insured 179.13 under section 65B.48. 179.14 (c) Before the effective date of the revocation required 179.15 under subdivision 1, the person must also pay the reinstatement 179.16 fee required by section 169J.73, subdivision 2, paragraph (a). 179.17 Subd. 3. [REINSTATEMENT.] A person whose license or permit 179.18 has been revoked under subdivision 1 may obtain a new license or 179.19 permit if the person provides to the commissioner proof of 179.20 insurance or other verifiable insurance information as 179.21 determined by the commissioner. The commissioner may require 179.22 that the insurance identification card provided to satisfy this 179.23 subdivision be certified by the insurance carrier to be 179.24 noncancelable for a period not to exceed 12 months. The 179.25 commissioner may also require an insurance identification card 179.26 to be filed for all vehicles required to be insured under 179.27 section 65B.48 and owned by the person. 179.28 Subd. 4. [FEE AND RECORD UPON REINSTATEMENT.] The person 179.29 shall pay the fee required by section 169J.73, subdivision 2, 179.30 paragraph (a), before reinstatement. The commissioner shall 179.31 make a notation on the person's driving record indicating that 179.32 the person satisfied the requirements of subdivision 3. 179.33 Subd. 5. [ADMINISTRATIVE AND JUDICIAL REVIEW.] (a) At any 179.34 time during a period of revocation imposed under this section, a 179.35 driver or owner may request in writing a review of the order of 179.36 revocation by the commissioner. Upon receiving a request, the 180.1 commissioner or the commissioner's designee shall review the 180.2 order, the evidence upon which the order was based, and any 180.3 other material information brought to the commissioner's 180.4 attention, and determine whether sufficient cause exists to 180.5 sustain the order. Within 15 days after receiving the request, 180.6 the commissioner shall send the results of the review in writing 180.7 to the person requesting the review. The review provided in 180.8 this subdivision is not subject to the contested case provisions 180.9 of the administrative procedure act in sections 14.001 to 14.69. 180.10 (b) The availability of administrative review for an order 180.11 of revocation shall have no effect upon the availability of 180.12 judicial review under section 169J.57. 180.13 Subd. 6. [EXEMPTIONS.] Buses or other commercial vehicles 180.14 operated by the metropolitan council, commercial vehicles 180.15 required to file proof of insurance pursuant to chapter 221, and 180.16 school buses are exempt from this section. 180.17 Subd. 7. [VEHICLE REGISTRATION REVOCATION.] If a person 180.18 whose driver's license or permit is revoked under subdivision 1 180.19 is also the owner of the vehicle, the commissioner shall revoke 180.20 the vehicle's registration at the same time. If the owner of 180.21 the vehicle does not have a driver's license or permit to drive, 180.22 the commissioner shall revoke the vehicle's registration. The 180.23 commissioner shall reinstate the vehicle's registration only 180.24 upon receiving proof of insurance or other verifiable insurance 180.25 information as determined by the commissioner, and proof of 180.26 compliance with all other requirements for reinstatement of 180.27 motor vehicle registration, including payment of required fees. 180.28 Subd. 8. [INAPPLICABILITY OF OTHER LAW.] The provisions of 180.29 section 45.027 do not apply to license revocations under this 180.30 section. 180.31 Sec. 9. [169I.23] [ADMINISTRATIVE REGISTRATION REVOCATION 180.32 AND LICENSE SUSPENSION.] 180.33 Subdivision 1. [REGISTRATION REVOCATION AND LICENSE 180.34 SUSPENSION ON BASIS OF ACCIDENT REPORT.] The commissioner shall 180.35 revoke the registration of any vehicle and, except as provided 180.36 in subdivision 2, may suspend the driver's license of any 181.1 operator, without preliminary hearing upon a showing by 181.2 department records, including accident reports required to be 181.3 submitted by section 169C.55, or other sufficient evidence that 181.4 security required by section 65B.48 has not been provided and 181.5 maintained. 181.6 Subd. 2. [AVOIDANCE OF SUSPENSION; IMPOSITION OF FEE.] The 181.7 commissioner shall not suspend the person's driver's license 181.8 under subdivision 1 if all of the following requirements are 181.9 satisfied: 181.10 (a) The license suspension under subdivision 1 must not be 181.11 based upon evidence that shows that the vehicle was involved in 181.12 a traffic accident. 181.13 (b) Within the prior ten years, the person's driver's 181.14 license must not have been: 181.15 (1) revoked pursuant to a conviction under section 169I.11; 181.16 or 181.17 (2) suspended under this section. 181.18 (c) Before the effective date of the suspension ordered 181.19 under subdivision 1, the person must provide the commissioner 181.20 with proof of insurance or other verifiable insurance 181.21 information, as determined by the commissioner, establishing 181.22 that the person currently has insurance coverage satisfactory to 181.23 the commissioner. This must include: 181.24 (1) proof that the insurance covers a period of: 181.25 (i) at least six months; or 181.26 (ii) at least one month, in which event the person must 181.27 submit periodic reports showing that insurance is maintained for 181.28 six months or, if the person fails to submit these reports, the 181.29 suspension under subdivision 1 may proceed; and 181.30 (2) if required by the commissioner, proof of insurance for 181.31 all vehicles owned by the person and required to be insured 181.32 under section 65B.48. 181.33 (d) Before the effective date of the suspension ordered 181.34 under subdivision 1, the person must also pay the reinstatement 181.35 fee required by section 169J.73, subdivision 2, paragraph (a). 181.36 Subd. 3. [REINSTATEMENT OF LICENSE AND REGISTRATION.] 182.1 Before reinstatement of a driver's license or registration, 182.2 there shall be filed with the commissioner of public safety the 182.3 written certificate of an insurance carrier authorized to do 182.4 business in the state stating that security has been provided as 182.5 required by section 65B.48. The commissioner may require that 182.6 the certificate of insurance provided to satisfy this 182.7 subdivision to be certified by the insurance carrier to be 182.8 noncancelable for a period not to exceed one year. Before 182.9 reinstating the person's driver's license, the commissioner may 182.10 also require a certificate of insurance to be filed with respect 182.11 to all vehicles required to be insured under section 65B.48 and 182.12 owned by any person whose driving privileges have been suspended. 182.13 Subd. 4. [NOTIFYING OTHER STATE OF NONRESIDENT'S 182.14 SUSPENSION.] When a nonresident's operating privilege is 182.15 suspended pursuant to this section, the commissioner or a 182.16 designee shall transmit a copy of the record of the action to 182.17 the official in charge of issuing licenses in the state in which 182.18 the nonresident resides. 182.19 Subd. 5. [SUSPENDING RESIDENT'S LICENSE FOR SUSPENSION IN 182.20 OTHER STATE.] After receiving notification that a Minnesota 182.21 resident's driving privilege has been suspended or revoked in 182.22 any other state pursuant to a law providing for its suspension 182.23 or revocation for failure to deposit security for the payment of 182.24 judgments arising out of a vehicle accident, or for failure to 182.25 provide insurance covering a vehicle if required by the laws of 182.26 that state, the commissioner shall suspend the resident's 182.27 driver's license until the resident furnishes evidence of 182.28 compliance with this state's laws and if applicable the other 182.29 state's laws. 182.30 Subd. 6. [NOTICE OF SUSPENSION.] A driver's license 182.31 suspension under this section is subject to the notice 182.32 requirements of section 169J.47, subdivision 2. 182.33 VEHICLE INSURANCE CRIMES 182.34 Sec. 10. [169I.31] [VEHICLE INSURANCE CRIMES.] 182.35 It is unlawful for any person: 182.36 (a) to issue, display, cause or permit to be displayed, or 183.1 have in possession an insurance identification card, policy, or 183.2 written statement of coverage knowing that the insurance is not 183.3 in force or is not in force for the vehicle in question; 183.4 (b) to alter or make a fictitious insurance identification 183.5 card, policy, or written statement of coverage; 183.6 (c) to display an altered or fictitious insurance 183.7 identification card, insurance policy, or written statement of 183.8 coverage knowing that it has been altered or is fictitious; 183.9 (d) to knowingly provide false information for purposes of 183.10 section 169I.21; or 183.11 (e) to falsely claim to have insurance at the time of 183.12 registering a vehicle pursuant to section 65B.48. 183.13 Sec. 11. [169I.315] [SECOND DEGREE MISDEMEANOR VEHICLE 183.14 INSURANCE CRIME.] 183.15 Any person who violates any of the provisions of section 183.16 169I.31 is guilty of a second degree misdemeanor. 183.17 Sec. 12. [169I.33] [MINIMUM PENALTY FOR VEHICLE INSURANCE 183.18 CRIME.] 183.19 In addition to any sentence of incarceration that the court 183.20 may impose, the court shall impose a fine of not less than $200 183.21 upon conviction under section 169I.31. The court may allow 183.22 community service in lieu of all or part of any fine imposed. 183.23 Sec. 13. [169I.35] [NOTICE OF PENALTIES.] 183.24 The commissioner shall include a notice of the penalties 183.25 for violation section 169I.31 on all forms for registration of 183.26 vehicles required under sections 65B.41 to 65B.71 to maintain 183.27 insurance. 183.28 INSURER'S DUTIES 183.29 Sec. 14. [169I.41] [VERIFYING INSURANCE COVERAGE.] 183.30 Subdivision 1. [RELEASING INFORMATION.] An insurance 183.31 company shall release information to the department of public 183.32 safety or law enforcement authorities necessary to verify 183.33 insurance coverage. An insurance company, its agent acting on 183.34 its behalf, or an authorized person who releases the above 183.35 information, whether oral or written, acting in good faith, is 183.36 immune from any civil or criminal liability arising in 184.1 connection with the release of the information. 184.2 Subd. 2. [RECEIVING DATA BY ELECTRONIC TRANSFER.] The 184.3 commissioner may, in the commissioner's discretion, agree to 184.4 receive by electronic transfer any information required by this 184.5 chapter to be provided to the commissioner by an insurance 184.6 company. 184.7 Sec. 15. [169I.43] [INSURER'S NOTIFICATION OF LAPSE, 184.8 CANCELLATION, OR FAILURE TO RENEW POLICY.] 184.9 If the required insurance of an owner or named insured is 184.10 canceled, and notification of such fact is given to the insured 184.11 as required by section 65B.19, a copy of the notice shall within 184.12 30 days after coverage has expired be sent to the commissioner. 184.13 If, on or before the end of that 30-day period, the insured 184.14 owner of a vehicle has not presented the commissioner or an 184.15 authorized agent with evidence of required insurance which shall 184.16 have taken effect upon the expiration of the previous coverage, 184.17 or if the insured owner or registrant has not instituted an 184.18 objection to the obligor's cancellation under section 65B.21, 184.19 within the time limitations therein specified, the insured owner 184.20 or registrant shall immediately surrender the registration 184.21 certificate and vehicle license plates to the commissioner and 184.22 may not operate or permit operation of the vehicle in this state 184.23 until insurance is again provided and proof of insurance 184.24 furnished as required by sections 65B.41 to 65B.71. 184.25 FAILURE TO PROVIDE RENTAL OR LEASE AGREEMENT 184.26 Sec. 16. [169I.51] [FAILURE TO PRODUCE RENTAL OR LEASE 184.27 AGREEMENT.] 184.28 Subdivision 1. [REQUIREMENT TO PRODUCE RENTAL OR LEASE 184.29 AGREEMENT.] Every person who rents or leases a motor vehicle in 184.30 this state for a period of less than 180 days shall have the 184.31 rental or lease agreement covering the vehicle in possession 184.32 whenever operating the vehicle and shall produce it upon the 184.33 demand of a peace officer. If the person is unable to produce 184.34 the rental or lease agreement upon the demand of a peace 184.35 officer, the person shall, within 14 days after the demand, 184.36 produce the rental or lease agreement to the place stated in the 185.1 notice provided by the peace officer. The person may mail the 185.2 rental or lease agreement as long as the peace officer receives 185.3 it within 14 days. 185.4 Subd. 2. [FALSE OR FICTITIOUS RENTAL OR LEASE AGREEMENT.] 185.5 It is unlawful for any person to: 185.6 (a) alter or make a fictitious rental or lease agreement; 185.7 or 185.8 (b) display an altered or fictitious rental or lease 185.9 agreement knowing the agreement is altered or fictitious. 185.10 Sec. 17. [169I.513] [SECOND DEGREE MISDEMEANOR FALSE OR 185.11 FICTITIOUS RENTAL OR LEASE AGREEMENT.] 185.12 A person is guilty of a second degree misdemeanor if the 185.13 person violates section 169I.51, subdivision 2. 185.14 Sec. 18. [169I.515] [THIRD DEGREE MISDEMEANOR FAILURE TO 185.15 PRODUCE RENTAL OR LEASE AGREEMENT.] 185.16 A person is guilty of a third degree misdemeanor if the 185.17 person fails to produce a rental or lease agreement as required 185.18 by section 169I.51, subdivision 1. 185.19 RULES 185.20 Sec. 19. [169I.61] [RULES.] 185.21 Subdivision 1. [AUTHORITY.] The commissioner shall have 185.22 the power and perform the duties imposed by sections 65B.41 to 185.23 65B.71 (no-fault insurance) and this chapter, and may adopt 185.24 rules to implement this chapter, including rules to provide 185.25 effective administration of the provisions requiring insurance 185.26 and governing termination of insurance. 185.27 Subd. 2. [EVIDENCE OF INSURANCE REQUIRED.] The 185.28 commissioner may by rule provide that vehicles owned by certain 185.29 persons may not be registered in this state unless satisfactory 185.30 evidence of insurance is furnished. If a person who is required 185.31 to furnish evidence ceases to maintain insurance, the person 185.32 shall immediately surrender the registration certificate and 185.33 license plates for the vehicle. These requirements may be 185.34 imposed if: 185.35 (a) the registrant has not previously registered a vehicle 185.36 in this state; 186.1 (b) an owner or operator of the vehicle has previously 186.2 failed to comply with the security requirements of sections 186.3 65B.41 to 65B.71 or of prior law; 186.4 (c) the driving record of an owner or operator of the 186.5 vehicle evidences a continuing disregard of this state's laws 186.6 enacted to protect the public safety; or 186.7 (d) other circumstances indicate that action is necessary 186.8 to effectuate the purposes of sections 65B.41 to 65B.71. 186.9 Subd. 3. [INSURANCE NOT REQUIRED.] No owner of a boat, 186.10 snowmobile, or utility trailer registered for a gross weight of 186.11 3,000 pounds or less shall be required by the commissioner to 186.12 furnish evidence of insurance. 186.13 ARTICLE 7 186.14 DRIVERS' LICENSES 186.15 GENERAL PROVISIONS 186.16 Section 1. [169J.01] [PUNISHMENT WHEN NOT OTHERWISE 186.17 PROVIDED.] 186.18 If a person is convicted of a violation of this chapter for 186.19 which no punishment is otherwise fixed, sections 169J.015 and 186.20 169J.017 apply. 186.21 Sec. 2. [169J.015] [THIRD DEGREE MISDEMEANOR VIOLATION OF 186.22 CHAPTER.] 186.23 It is a third degree misdemeanor for any person to 186.24 willfully violate any provision of this chapter unless: 186.25 (a) the violation is declared by any law to be a felony or 186.26 gross misdemeanor, or 186.27 (b) the violation is declared by a provision of this 186.28 chapter to be a first degree misdemeanor, a second degree 186.29 misdemeanor, or an infraction. 186.30 Sec. 3. [169J.017] [INFRACTION VIOLATION OF CHAPTER.] 186.31 It is an infraction for any person to violate any provision 186.32 of this chapter where the violation is not willful unless the 186.33 violation is declared by a provision of this chapter to be a 186.34 first degree misdemeanor or a second degree misdemeanor. 186.35 Sec. 4. [169J.02] [DRIVER'S LICENSE DIVISION.] 186.36 Subdivision 1. [DIRECTOR.] The driver's license division 187.1 of the department of public safety shall be under the 187.2 supervision and control of a director. The commissioner may 187.3 place the director's position in the unclassified service if the 187.4 position meets the criteria established in section 43A.08, 187.5 subdivision 1a. The director shall have the duties and 187.6 responsibilities prescribed in this section. 187.7 Subd. 2. [POWERS AND DUTIES VESTED IN COMMISSIONER.] All 187.8 the powers and duties in regard to drivers' licensing and safety 187.9 responsibility as prescribed by the vehicle code are vested in 187.10 and imposed upon the commissioner of public safety. 187.11 Subd. 3. [FACILITIES FOR LICENSING ACTIVITIES.] The 187.12 commissioner of transportation shall provide space as required 187.13 for driver license activities at locations and under contractual 187.14 conditions as may be determined with the commissioner of public 187.15 safety. 187.16 Sec. 5. [169J.03] [LICENSES: TYPES, ENDORSEMENTS, 187.17 RESTRICTIONS.] 187.18 Subdivision 1. [LICENSE REQUIRED.] No person, except those 187.19 hereinafter expressly exempted, shall drive any motor vehicle 187.20 upon any street or highway in this state unless the person has a 187.21 license valid under the provisions of this chapter for the type 187.22 or class of vehicle being driven. No person shall receive a 187.23 driver's license until the department of public safety 187.24 invalidates the person's license from any other jurisdiction. 187.25 The department shall provide to the issuing department of the 187.26 other jurisdiction information that the licensee is now licensed 187.27 in Minnesota. No person shall be permitted to have more than 187.28 one valid driver's license at any time. No person to whom a 187.29 current Minnesota identification card has been issued may 187.30 receive a driver's license, other than an instruction permit or 187.31 a limited license, until the department invalidates the person's 187.32 Minnesota identification card. 187.33 Subd. 2. [DRIVER'S LICENSE CLASSIFICATIONS, ENDORSEMENTS, 187.34 EXEMPTIONS.] Drivers' licenses shall be classified according to 187.35 the types of vehicles that may be driven by the holder of each 187.36 type or class of license. The commissioner may, as appropriate, 188.1 subdivide the classes listed in this subdivision and issue 188.2 licenses classified accordingly. No class of license shall be 188.3 valid to operate a motorcycle, school bus, tank vehicle, 188.4 double-trailer or triple-trailer combination, vehicle 188.5 transporting hazardous materials, or bus, unless so endorsed. 188.6 There shall be four general classes of licenses as follows: 188.7 (a) Class D license valid for: 188.8 (1) all farm trucks operated by: 188.9 (i) the owner; 188.10 (ii) an immediate family member of the owner; 188.11 (iii) an employee of the owner not primarily employed to 188.12 operate the farm truck, if the truck is operated within 150 188.13 miles of the farm; or 188.14 (iv) an employee of the owner employed during harvest to 188.15 operate the farm truck for the first, continuous transportation 188.16 of agricultural products from the production site or on-farm 188.17 storage site to any other location within 50 miles of that site; 188.18 (2) fire trucks and emergency fire equipment, whether or 188.19 not exceeding 26,000 pounds gross vehicle weight, operated by a 188.20 firefighter while on duty, or a tiller operator employed by a 188.21 fire department who drives the rear portion of a midmount aerial 188.22 ladder truck; 188.23 (3) recreational equipment as defined in section 168.011, 188.24 subdivision 25, that is operated for personal use; 188.25 (4) all single-unit vehicles except vehicles with a gross 188.26 vehicle weight of more than 26,000 pounds, vehicles designed to 188.27 carry more than 15 passengers including the driver, and vehicles 188.28 that carry hazardous materials; and 188.29 (5) vehicles being towed if the combination of vehicles has 188.30 a gross vehicle weight of 26,000 pounds or less. 188.31 (b) Class C license valid for: 188.32 (1) operating class D vehicles; 188.33 (2) with a hazardous materials endorsement, transporting 188.34 hazardous materials in class D vehicles; and 188.35 (3) with a school bus endorsement, operating school buses 188.36 designed to transport 15 or fewer passengers, including the 189.1 driver. 189.2 (c) Class B license valid for all vehicles in class C, 189.3 class D, and all other single-unit vehicles including, with a 189.4 passenger endorsement, buses. The holder of a class B license 189.5 may tow only vehicles with a gross vehicle weight of 10,000 189.6 pounds or less. 189.7 (d) Class A license valid for any vehicle or combination 189.8 thereof. 189.9 Subd. 3. [EXCEPTIONS.] Notwithstanding subdivision 2: 189.10 (a) a hazardous materials endorsement is not required to 189.11 operate a vehicle having a gross vehicle weight of 26,000 pounds 189.12 or less while carrying in bulk tanks a total of not more than 189.13 200 gallons of petroleum products; and 189.14 (b) a class C license or hazardous materials endorsement is 189.15 not required to operate a farm vehicle as defined in Code of 189.16 Federal Regulations, title 49, section 390.5, having a gross 189.17 vehicle weight of 26,000 pounds or less while carrying in bulk 189.18 tanks a total of not more than 1,500 gallons of liquid 189.19 fertilizer. 189.20 Subd. 4. [MOTORIZED BICYCLES.] (a) No motorized bicycle 189.21 shall be operated on any public roadway by any person who does 189.22 not possess a valid driver's license, unless the person has 189.23 obtained a motorized bicycle operator's permit or motorized 189.24 bicycle instruction permit from the commissioner. The 189.25 operator's permit may be issued to any person who has attained 189.26 the age of 15 years and who has passed the examination 189.27 prescribed by the commissioner. The instruction permit may be 189.28 issued to any person who has attained the age of 15 years and 189.29 who has successfully completed an approved safety course and 189.30 passed the written portion of the examination prescribed by the 189.31 commissioner. 189.32 (b) This course must consist of, but is not limited to, a 189.33 basic understanding of: 189.34 (1) motorized bicycles and their limitations; 189.35 (2) motorized bicycle laws and rules; 189.36 (3) safe operating practices and basic operating 190.1 techniques; 190.2 (4) helmets and protective clothing; 190.3 (5) motorized bicycle traffic strategies; and 190.4 (6) effects of alcohol and drugs on motorized bicycle 190.5 operators. 190.6 (c) The commissioner may adopt rules prescribing the 190.7 content of the safety course, examination, and the information 190.8 to be contained on the permits. A person operating a motorized 190.9 bicycle under a motorized bicycle permit is subject to the 190.10 restrictions imposed by section 169M.11, subdivision 3, on 190.11 operation of a motorcycle under a two-wheel instruction permit. 190.12 (d) The fees for motorized bicycle operator's permits are 190.13 as follows: 190.14 (1) examination and operator's permit, 190.15 valid for one year $6 190.16 (2) duplicate $3 190.17 (3) renewal permit before age 21 190.18 and valid until age 21 $9 190.19 (4) renewal permit after age 21 190.20 and valid for four years $15 190.21 (5) duplicate of any renewal permit $4.50 190.22 (6) written examination and 190.23 instruction permit, valid for 190.24 30 days $6 190.25 Subd. 5. [RESTRICTED COMMERCIAL DRIVERS' LICENSES.] (a) 190.26 The commissioner may issue restricted commercial drivers' 190.27 licenses and take the following actions to the extent that the 190.28 actions are authorized by regulation of the United States 190.29 Department of Transportation entitled "waiver for farm-related 190.30 service industries" as published in the Federal Register, April 190.31 17, 1992: 190.32 (1) prescribe examination requirements and other 190.33 qualifications for the license; 190.34 (2) prescribe classes of vehicles that may be operated by 190.35 holders of the license; 190.36 (3) specify commercial motor vehicle operation that is 191.1 authorized by the license, and prohibit other commercial vehicle 191.2 operation by holders of the license; and 191.3 (4) prescribe the period of time during which the license 191.4 is valid. 191.5 (b) Restricted commercial drivers' licenses are subject to 191.6 sections 169J.37 and 169J.38 in the same manner as other 191.7 commercial drivers' licenses. 191.8 (c) Actions of the commissioner under this subdivision are 191.9 not subject to sections 14.05 to 14.47 of the administrative 191.10 procedure act. 191.11 Sec. 6. [169J.033] [THIRD DEGREE MISDEMEANOR DRIVING 191.12 WITHOUT VALID LICENSE.] 191.13 A person is guilty of a third degree misdemeanor if the 191.14 person drives a motor vehicle without the license required by 191.15 section 169J.03, unless exempted from that requirement under 191.16 section 169J.04, and the violation is committed within three 191.17 years after a previous conviction under section 169J.03 or 191.18 169J.65. 191.19 Sec. 7. [169J.035] [INFRACTION DRIVING WITHOUT VALID 191.20 LICENSE.] 191.21 Except as provided in section 169J.033, a person is guilty 191.22 of an infraction if the person drives a motor vehicle without 191.23 the license required by section 169J.03, unless exempted from 191.24 that requirement under section 169J.04. 191.25 Sec. 8. [169J.04] [PERSONS EXEMPT.] 191.26 The following persons are exempt from license hereunder: 191.27 (a) a person in the employ or service of the United States 191.28 federal government while driving or operating a motor vehicle 191.29 owned by or leased to the United States federal government, 191.30 except that only a noncivilian operator of a commercial motor 191.31 vehicle owned or leased by the United States Department of 191.32 Defense or the Minnesota national guard is exempt from the 191.33 requirement to possess a valid commercial motor vehicle driver's 191.34 license; 191.35 (b) any person while driving or operating any farm tractor, 191.36 or implement of husbandry temporarily operated or moved on a 192.1 highway, except that for purposes of this paragraph an 192.2 all-terrain vehicle, as defined in section 84.92, subdivision 8; 192.3 an off-highway motorcycle, as defined in section 84.787, 192.4 subdivision 7; or an off-road vehicle, as defined in section 192.5 84.797, subdivision 7, is not an implement of husbandry; 192.6 (c) a nonresident at least 15 years of age who has in 192.7 immediate possession a valid driver's license issued to the 192.8 nonresident in the nonresident's home state or country, while 192.9 operating a motor vehicle in this state only as a driver; 192.10 (d) a nonresident who has in immediate possession a valid 192.11 commercial driver's license issued by a state in compliance with 192.12 the Commercial Motor Vehicle Safety Act of 1986, United States 192.13 Code, title 49, sections 521, 2304, and 2701 to 2716, while 192.14 operating in Minnesota the class of commercial motor vehicle 192.15 authorized by the issuing state; 192.16 (e) any nonresident who is at least 18 years of age, whose 192.17 home state or country does not require the licensing of drivers, 192.18 while operating a motor vehicle as a driver for a period of not 192.19 more than 90 days in any calendar year, if the motor vehicle so 192.20 operated is duly registered in the nonresident's home state or 192.21 country; 192.22 (f) any person who becomes a resident of Minnesota and who 192.23 has in possession a valid driver's license issued to the person 192.24 under and pursuant to the laws of another state or province or 192.25 by military authorities of the United States, while operating a 192.26 motor vehicle as a driver for a period of not more than 60 days 192.27 after becoming a resident of this state; 192.28 (g) any person who becomes a resident of Minnesota and who 192.29 has in possession a valid commercial driver's license issued by 192.30 another state in compliance with the Commercial Motor Vehicle 192.31 Safety Act of 1986, United States Code, title 49, sections 521, 192.32 2304, and 2701 to 2716, for not more than 30 days after becoming 192.33 a resident of this state; 192.34 (h) any person operating a snowmobile, as defined in 192.35 section 84.81; and 192.36 (i) any person operating a motorized golf cart or 193.1 four-wheel all-terrain vehicle under permit on a designated 193.2 roadway pursuant to section 169M.61, subdivision 7. 193.3 Sec. 9. [169J.05] [PERSONS NOT ELIGIBLE FOR DRIVER'S 193.4 LICENSES.] 193.5 Subdivision 1. [PERSONS NOT ELIGIBLE.] The department 193.6 shall not issue a driver's license hereunder to: 193.7 (a) any person who is under the age of 16 years; 193.8 (b) to any person under 18 years unless the person: 193.9 (1) has successfully completed a course in driver 193.10 education, including both classroom and behind-the-wheel 193.11 instruction, approved by the commissioner; 193.12 (2) has completed a course of driver education in another 193.13 state; or 193.14 (3) has a previously issued valid license from another 193.15 state or country; 193.16 (c) any person under 18 years unless an approval of the 193.17 application for license, containing a verification of the 193.18 applicant's age, is signed by: 193.19 (1) either parent if both parents reside in the same 193.20 household as the applicant; 193.21 (2) if both parents do not reside in the same household as 193.22 the applicant: 193.23 (i) the parent or spouse of the parent having custody of 193.24 the applicant if there is a court order for custody; 193.25 (ii) the parent or spouse of the parent with whom the 193.26 applicant is living if there is no court order for custody; 193.27 (iii) the guardian having the custody of the applicant; or 193.28 (iv) the applicant's employer, if the applicant has no 193.29 living father, mother, or guardian; 193.30 (d) any person who is under the age of 18 years unless the 193.31 person has applied for, been issued, and possessed the 193.32 appropriate instruction permit for a minimum of six months; 193.33 (e) any person whose license has been suspended during the 193.34 period of suspension except that a suspended license may be 193.35 reinstated during the period of suspension upon the licensee 193.36 furnishing proof of financial responsibility in the same manner 194.1 as provided in the Minnesota No-fault Automobile Insurance Act; 194.2 (f) any person whose license has been revoked unless the 194.3 person furnishes proof of financial responsibility in the same 194.4 manner as provided in the Minnesota No-fault Automobile 194.5 Insurance Act and is otherwise qualified; 194.6 (g) any person who is a drug dependent person as defined in 194.7 section 254A.02, subdivision 5; 194.8 (h) any person who has been adjudged legally incompetent by 194.9 reason of mental illness, mental deficiency, or inebriation, and 194.10 who has not been restored to capacity, unless the department is 194.11 satisfied that the person is competent to operate a motor 194.12 vehicle with safety to persons or property; 194.13 (i) any person who is required by this chapter to take an 194.14 examination, unless the person has successfully passed the 194.15 examination; 194.16 (j) any person who is required under the provisions of the 194.17 Minnesota No-fault Automobile Insurance Act of this state to 194.18 deposit proof of financial responsibility and who has not 194.19 deposited the proof; 194.20 (k) any person when the commissioner has good cause to 194.21 believe that the operation of a motor vehicle on the highways by 194.22 the person would be inimical to public safety or welfare; 194.23 (l) any person when, in the commissioner's opinion, the 194.24 person is afflicted with or suffering from a physical or mental 194.25 disability or disease that will affect the person in a manner to 194.26 prevent the person from exercising reasonable and ordinary 194.27 control over a motor vehicle while operating it upon the 194.28 highways; 194.29 (m) any person who is unable to read and understand 194.30 official signs regulating, warning, and directing traffic; 194.31 (n) a child for whom a court has ordered denial of driving 194.32 privileges under section 260.191, subdivision 1, or 260.195, 194.33 subdivision 3a, until the period of denial is completed; or 194.34 (o) any person whose license has been canceled, during the 194.35 period of cancellation. 194.36 Subd. 2. [DISQUALIFIED OPERATORS OF COMMERCIAL 195.1 VEHICLES.] During the period of disqualification, the department 195.2 shall not issue a class C, class B, or class A driver's license 195.3 to a person who has been disqualified from operating a 195.4 commercial motor vehicle under section 169J.37. 195.5 Sec. 10. [169J.06] [RESTRICTED LICENSES FOR FARM WORK.] 195.6 Notwithstanding any provisions of section 169J.05, relating 195.7 to the age of an applicant to the contrary, the commissioner may 195.8 issue a restricted farm work license to operate a motor vehicle 195.9 to a person who has attained the age of 15 years but who is 195.10 under the age of 16 years and who, except for age, is qualified 195.11 to hold a driver's license. The restricted license shall be 195.12 issued solely to authorize the person to assist the person's 195.13 parent or guardian with farm work. A person holding such a 195.14 restricted license may operate a motor vehicle only during 195.15 daylight hours and only within a radius of 20 miles of the 195.16 parent's or guardian's farmhouse, but not within a city of the 195.17 first class. An applicant for a restricted license shall apply 195.18 on forms prescribed by the commissioner. The application shall 195.19 be accompanied by a written verified statement by the 195.20 applicant's parent or guardian setting forth the necessity for 195.21 the license. 195.22 Sec. 11. [169J.07] [DRIVER'S LICENSE FOR MEDICAL REASONS.] 195.23 Notwithstanding any provisions of section 169J.05 relating 195.24 to the age of an applicant, the commissioner may issue a 195.25 driver's license to a person who has attained the age of 15 195.26 years but is under the age of 16 years, who, except for age, is 195.27 qualified to hold a driver's license and who needs to operate a 195.28 motor vehicle because of personal or family medical reasons. An 195.29 applicant for a restricted license shall apply on forms 195.30 prescribed by the commissioner. The application shall be 195.31 accompanied by written verified statements by the applicant's 195.32 parent or guardian and by a doctor setting forth the necessity 195.33 for the license. The commissioner in issuing the license may 195.34 impose conditions and limitations that in the commissioner's 195.35 judgment are necessary to the interests of the public safety and 195.36 welfare. 196.1 Sec. 12. [169J.08] [NOTICE OF PERSONS UNDER DRIVER'S 196.2 LICENSE CANCELLATION.] 196.3 The commissioner shall develop a program under which the 196.4 commissioner provides a monthly notice to local law enforcement 196.5 agencies of the names and addresses of persons residing within 196.6 the local agency's jurisdiction whose driver's licenses or 196.7 driving privileges have been canceled under section 169J.05, 196.8 subdivision 1, paragraph (j). At the commissioner's discretion, 196.9 the commissioner may adopt necessary procedures so that the 196.10 information is current and accurate. Data in the notice are 196.11 private data on individuals and are available to law enforcement 196.12 agencies. 196.13 OBTAINING LICENSE 196.14 Sec. 13. [169J.11] [INSTRUCTION PERMITS.] 196.15 Subdivision 1. [PERSONS 18 OR MORE YEARS OF AGE.] (a) Any 196.16 person 18 or more years of age who, except for a lack of 196.17 instruction in operating a motor vehicle, is qualified to obtain 196.18 a class D driver's license under this chapter, may apply for an 196.19 instruction permit. The department shall issue the permit. The 196.20 permit entitles the applicant, for a period of one year, to 196.21 drive a motor vehicle for which a class D license is valid upon 196.22 the highways if the applicant: 196.23 (1) has the permit in immediate possession; and 196.24 (2) is accompanied by an adult licensed driver occupying 196.25 the seat beside the driver. 196.26 (b) A licensee may use any license of a lower class as an 196.27 instruction permit for a higher class for six months after 196.28 passing the written test or tests required for the higher class 196.29 if the licensee: 196.30 (1) has in possession a copy of the record of the 196.31 examination taken for the higher class license; and 196.32 (2) is accompanied by and receiving instruction from a 196.33 holder of the appropriate higher class license. 196.34 Subd. 2. [PERSONS LESS THAN 18 YEARS OF AGE.] (a) The 196.35 department, upon application therefor, may issue an instruction 196.36 permit to an applicant 15, 16, or 17 years of age who is 197.1 enrolled in an approved driver education program including 197.2 behind the wheel training. 197.3 (b) An instruction permit holder who has the permit in 197.4 possession may operate a motor vehicle while receiving behind 197.5 the wheel training in an approved driver education program, but 197.6 only when accompanied by an authorized instructor who occupies 197.7 the seat beside the permit holder. 197.8 (c) During and after completing the course, if the 197.9 instruction permit holder has the permit in possession: 197.10 (1) a 16 or 17 year old permit holder may operate a motor 197.11 vehicle while accompanied by an adult licensed driver who 197.12 occupies the seat beside the permit holder; and 197.13 (2) a 15 year old permit holder may operate a motor vehicle 197.14 while accompanied by a licensed parent or guardian or licensed 197.15 adult driver authorized by the parent or guardian who occupies 197.16 the seat beside the permit holder. 197.17 Subd. 3. [PERMIT FOR SIX MONTHS.] An applicant who has 197.18 applied for and received an instruction permit pursuant to 197.19 subdivision 2 must possess the instruction permit for not less 197.20 than six months before qualifying for a driver's license. 197.21 Subd. 4. [MOTORIZED BICYCLES.] The department, upon 197.22 application and payment of the fee prescribed in section 197.23 169J.03, subdivision 4, may issue a motorized bicycle 197.24 instruction permit to an applicant 15 years of age who has 197.25 successfully completed the written portion of the examination 197.26 prescribed by the commissioner. The holder of this instruction 197.27 permit who has the permit in possession may operate a motorized 197.28 bicycle within one mile of the holder's residence for the 197.29 purpose of practicing to take the operator portion of the 197.30 examination prescribed by the commissioner. 197.31 Sec. 14. [169J.13] [APPLICATIONS FOR LICENSES, PERMITS; 197.32 FEES.] 197.33 Subdivision 1. [FORMS OF APPLICATION.] Every application 197.34 for an instruction permit or driver's license shall be: 197.35 (a) made upon a form furnished by the department; 197.36 (b) accompanied by the proper fee; and 198.1 (c) signed in the presence of the person authorized to 198.2 accept the application, unless a notary public verifies the 198.3 signature. 198.4 Subd. 2. [FEES.] (a) The fees for a license and Minnesota 198.5 identification card are as follows: 198.6 (1) Classified Driver License, D-$18.50 C-$22.50 B-$29.50 198.7 A-$37.50; 198.8 (2) Classified Under 21 D.L., D-$18.50 C-$22.50 B-$29.50 198.9 A-$17.50; 198.10 (3) Instruction Permit, $9.50; 198.11 (4) Duplicate Driver or Under 21 License or duplicate 198.12 identification card, $8; and 198.13 (5) Minnesota identification card other than duplicate, 198.14 except as otherwise provided in section 169J.15, subdivisions 5 198.15 and 6, $12.50. 198.16 Subd. 3. [FEE INCREASED.] (a) The fee for any duplicate 198.17 driver's license obtained for the purpose of adding a 198.18 two-wheeled vehicle endorsement is increased by $16 for each 198.19 first such duplicate license and $13 for each renewal. The 198.20 additional fee shall be paid into the state treasury and 198.21 credited as follows: 198.22 (1) $8.50 of the additional fee for each first duplicate 198.23 license, and $7 of the additional fee for each renewal, must be 198.24 credited to the motorcycle safety fund; provided that any fee 198.25 receipts exceeding $750,000 in a fiscal year shall be credited 198.26 90 percent to the trunk highway fund and ten percent to the 198.27 general fund, as provided in section 169J.69. 198.28 (2) The remainder of the additional fee must be credited to 198.29 the general fund. 198.30 (b) All application forms prepared by the commissioner for 198.31 two-wheeled vehicle endorsements shall clearly contain the 198.32 information that of the total fee charged for the endorsement, 198.33 $7 is dedicated to the motorcycle safety fund. 198.34 Subd. 4. [CONTENTS OF APPLICATION; OTHER INFORMATION.] (a) 198.35 An application must state: 198.36 (1) the applicant's full name, date of birth, sex, and 199.1 residence address; 199.2 (2) a description of the applicant in such manner as the 199.3 commissioner may require; 199.4 (3) whether the applicant has theretofore been licensed as 199.5 a driver and, if so, when and by what state or country and 199.6 whether any such license has ever been suspended or revoked; 199.7 (4) whether a license application has ever been refused; 199.8 and 199.9 (5) if the applicant has had a license suspended, revoked, 199.10 or refused, the date of and reason for the suspension, 199.11 revocation, or refusal, together with such facts concerning the 199.12 applicant and the applicant's ability to operate a motor vehicle 199.13 with safety as the commissioner may require. 199.14 (b) An application for a class C, class B, or class A 199.15 driver's license also must state the applicant's social security 199.16 number. An application for a class D driver's license must have 199.17 a space for the applicant's social security number and state 199.18 that providing the number is optional, or otherwise convey that 199.19 the applicant is not required to enter the social security 199.20 number. 199.21 (c) The application form must contain a space where the 199.22 applicant may specify a desire to make an anatomical gift. If 199.23 the applicant does not specify a desire to make an anatomical 199.24 gift when making the application, the applicant must be offered 199.25 a donor document in accordance with section 169J.15, subdivision 199.26 8. The application form must contain statements sufficient to 199.27 comply with the requirements of the Uniform Anatomical Gift Act, 199.28 sections 525.921 to 525.9224, so that the application or donor 199.29 document will make the anatomical gift as provided in section 199.30 169J.15, subdivision 8, if the person specifies a desire to make 199.31 an anatomical gift. 199.32 (d) The application form must contain a notification to the 199.33 applicant of the availability of a living will designation on 199.34 the license under section 169J.15, subdivision 10. The 199.35 application must be in the form prepared by the commissioner. 199.36 (e) The application form must be accompanied by a pamphlet 200.1 containing relevant facts relating to: 200.2 (1) the effect of alcohol on driving ability; 200.3 (2) the effect of mixing alcohol with drugs; 200.4 (3) the laws of Minnesota relating to operation of a motor 200.5 vehicle while under the influence of alcohol or a controlled 200.6 substance; and 200.7 (4) the levels of alcohol-related fatalities and accidents 200.8 in Minnesota and of arrests for alcohol-related violations. 200.9 (f) The application form must also be accompanied by a 200.10 pamphlet describing Minnesota laws regarding anatomical gifts 200.11 and the need for and benefits of anatomical gifts. 200.12 Subd. 5. [MIDDLE NAME.] For the purposes of subdivision 4, 200.13 and section 169J.15, subdivision 1, the full name of a married 200.14 applicant may include, at the applicant's option, the 200.15 applicant's family name prior to marriage instead of the 200.16 applicant's given middle name, notwithstanding the middle name 200.17 specified on the applicant's marriage certificate. 200.18 Subd. 6. [APPLICATION; FILING; FEE RETAINED FOR EXPENSES.] 200.19 (a) An applicant for an instruction permit, driver's license, 200.20 restricted license, or duplicate license may file an application 200.21 with a court administrator or at a state office. The 200.22 administrator or state office shall receive and accept the 200.23 application. 200.24 (b) To cover all expenses involved in receiving, accepting, 200.25 or forwarding to the department applications and fees, an 200.26 administrator may retain a county fee of $3.50 for each 200.27 application for a Minnesota identification card, instruction 200.28 permit, duplicate license, driver license, or restricted license. 200.29 The amount allowed to be retained by the administrator shall be 200.30 paid into the county treasury and credited to the county's 200.31 general revenue fund. Before the end of the first working day 200.32 following the final day of an established reporting period, the 200.33 administrator shall forward to the department all applications 200.34 and fees collected during the reporting period, less the amount 200.35 herein allowed to be retained for expenses. 200.36 (c) An administrator may appoint agents to assist in 201.1 accepting applications, but the administrator shall require 201.2 every agent to forward to the administrator all applications 201.3 accepted and fees collected by the agent, except that an agent 201.4 shall retain the county fee to cover the agent's expenses 201.5 involved in receiving, accepting, or forwarding the applications 201.6 and fees. The administrator shall be responsible for the acts 201.7 of agents appointed by the administrator and for the forwarding 201.8 to the department of all applications accepted and those fees 201.9 collected by agents and by the administrator as are required to 201.10 be forwarded to the department. 201.11 Sec. 15. [169J.15] [INFORMATION ON LICENSES AND 201.12 IDENTIFICATION CARDS.] 201.13 Subdivision 1. [LICENSE; CONTENTS.] (a) The department 201.14 shall, upon the payment of the required fee, issue to an 201.15 applicant qualifying therefor a license designating the type or 201.16 class of vehicles the applicant is authorized to drive. The 201.17 license shall bear a distinguishing number assigned to the 201.18 licensee, the full name, date of birth, residence address and 201.19 permanent mailing address if different, and a description of the 201.20 licensee in such manner as the commissioner deems necessary. 201.21 (b) Except for an instruction permit, every license shall 201.22 bear a colored photograph or an electronically produced image of 201.23 the licensee. Every license issued to an applicant under the 201.24 age of 21 shall be of a distinguishing color and plainly marked 201.25 "Under-21." The department shall use processes in issuing 201.26 licenses that prohibit as near as possible, the ability to alter 201.27 or reproduce a license, and prohibit the ability to superimpose 201.28 a photograph or electronically produced image on a license 201.29 without ready detection. 201.30 (c) A license issued to an applicant of age 65 or over 201.31 shall be plainly marked "senior" if requested by the applicant. 201.32 Subd. 2. [FILING PHOTOGRAPHS OR IMAGES; DATA 201.33 CLASSIFICATION.] The department shall file, or contract to file, 201.34 all photographs or electronically produced images obtained in 201.35 the process of issuing driver licenses or Minnesota 201.36 identification cards. The photographs or electronically 202.1 produced images shall be private data pursuant to section 13.02, 202.2 subdivision 12. Notwithstanding section 13.04, subdivision 3, 202.3 the department need not provide copies of photographs or 202.4 electronically produced images to data subjects. The use of the 202.5 files is restricted to use for: 202.6 (a) issuing and controlling driver's licenses; 202.7 (b) law enforcement purposes in investigating and 202.8 prosecuting crimes; and 202.9 (c) child support enforcement purposes under section 202.10 256.978. 202.11 Subd. 3. [COMMERCIAL DRIVER'S LICENSE.] Each class C, 202.12 class B, or class A driver's license must be clearly marked 202.13 "Minnesota Commercial Driver's License." 202.14 Subd. 4. [LIMITATIONS ON ISSUING LICENSES.] The department 202.15 shall not issue: 202.16 (a) a class B or class A license to anyone who does not 202.17 have or has not qualified for a class D license; or 202.18 (b) a class A license to anyone under 18 years of age. 202.19 Subd. 5. [IDENTIFICATION CARD; FEE.] (a) Upon payment of 202.20 the required fee, the department shall issue to an applicant 202.21 therefor a Minnesota identification card. The department may 202.22 not issue a Minnesota identification card to a person who has a 202.23 driver's license other than an instruction permit or a limited 202.24 license. The card must bear a distinguishing number assigned to 202.25 the applicant, a colored photograph or an electronically 202.26 produced image, the full name, date of birth, residence address, 202.27 and a description of the applicant in the manner as the 202.28 commissioner deems necessary. 202.29 (b) Each Minnesota identification card must be plainly 202.30 marked "Minnesota identification card - not a driver's license." 202.31 (c) The fee for a Minnesota identification card issued to a 202.32 person who is mentally retarded, as defined in section 252A.02, 202.33 subdivision 2, or to a physically disabled person, as defined in 202.34 section 169.345, subdivision 2, is 50 cents. 202.35 Subd. 6. [IDENTIFICATION CARDS FOR SENIORS.] A Minnesota 202.36 identification card issued to an applicant 65 years of age or 203.1 over shall be of a distinguishing color and plainly marked 203.2 "senior." The fee for the card issued to an applicant 65 years 203.3 of age or over shall be one-half the required fee for a class D 203.4 driver's license. A Minnesota identification card or a 203.5 Minnesota driver's license issued to a person 65 years of age or 203.6 over shall be valid identification for the purpose of qualifying 203.7 for reduced rates, free licenses, or services provided by any 203.8 board, commission, agency, or institution that is wholly or 203.9 partially funded by state appropriations. 203.10 Subd. 7. [EXPIRATION.] The expiration date of a Minnesota 203.11 identification card of an applicant under the age of 65 shall be 203.12 the applicant's birthday in the fourth year following the date 203.13 of issuance of the card. A Minnesota identification card issued 203.14 to an applicant age 65 or over shall be valid for the 203.15 applicant's lifetime. 203.16 Subd. 8. [ANATOMICAL GIFT; DONOR DOCUMENT.] (a) The 203.17 department shall offer a donor document to each person who, when 203.18 applying for a driver's license or Minnesota identification 203.19 card, does not specify a desire to make an anatomical gift. 203.20 (b) The commissioner shall prescribe the form of the donor 203.21 document and the application for a driver's license or Minnesota 203.22 identification card. The forms must be designed so that an 203.23 applicant's execution of the donor document or application will 203.24 make an anatomical gift under the Uniform Anatomical Gift Act, 203.25 sections 525.921 to 525.9224. 203.26 (c) If the donor is 18 years of age or older, the donor 203.27 must sign the document or application. If the donor cannot 203.28 sign, the donor document or application may be signed for the 203.29 donor at the donor's direction, in the donor's presence, and in 203.30 the presence of two witnesses who must sign the donor document 203.31 or application in the donor's presence. If the donor is a 203.32 minor, the donor document or application must be signed by the 203.33 minor donor, and one of the minor donor's parents, a legal 203.34 guardian, or a parent having legal custody. If the minor cannot 203.35 sign, the donor document or application may not be signed for 203.36 the minor. 204.1 (d) The department shall identify a donor of an anatomical 204.2 gift by the designation "donor" on the front of the donor's 204.3 driver's license or Minnesota identification card. 204.4 (e) The issuance of a driver's license or Minnesota 204.5 identification card identifying the person as a "donor" 204.6 completes the donation process and the license or identification 204.7 card constitutes the final donor record. The department need 204.8 not keep the physical record of the donor card or application 204.9 after issuing the driver's license or identification card for 204.10 the donation to be valid. The department shall maintain a 204.11 computer record of donors. Revocation, suspension, expiration, 204.12 or cancellation of the license does not invalidate the 204.13 anatomical gift. The designation "donor" constitutes sufficient 204.14 legal authority for the removal of all body organs or parts upon 204.15 donor's death for the purpose of transplantation. The donor 204.16 designation may be removed only upon written notice to the 204.17 department. Delivery of the license or Minnesota identification 204.18 card during the donor's lifetime is not necessary to make the 204.19 gift valid. 204.20 Subd. 9. [MEDICAL ALERT IDENTIFIER.] Upon the applicant's 204.21 written request, the department shall issue a driver's license 204.22 or Minnesota identification card bearing a medical alert 204.23 identifier. The applicant must request the medical alert 204.24 identifier at the time the photograph or electronically produced 204.25 image is taken. No specific medical information will be 204.26 contained on the driver's license or Minnesota identification 204.27 card. 204.28 Subd. 10. [LIVING WILL DESIGNATION.] (a) Upon the 204.29 applicant's written request and payment of the required fee, the 204.30 department shall issue, renew, or reissue a driver's license or 204.31 Minnesota identification card bearing the designation "Living 204.32 Will" or an abbreviation thereof. The designation does not 204.33 constitute delivery of a health care declaration under section 204.34 145B.05. 204.35 (b) On payment of the required fee, the department shall 204.36 issue a replacement or renewal license or identification card 205.1 without the designation if requested by the applicant. 205.2 (c) This subdivision does not impose any additional duty on 205.3 a health care provider, as defined in section 145B.02, 205.4 subdivision 6, beyond the duties imposed in chapter 145B. 205.5 (d) For the purposes of this subdivision, "living will" 205.6 means a declaration made under section 145B.03. 205.7 Subd. 11. [CERTIFICATION; SCHOOL BUS SAFETY LAWS.] Before 205.8 a driver's license may be issued or renewed, the applicant shall 205.9 certify by signature that the applicant is aware of the duties 205.10 and responsibilities required of drivers under section 169E.21 205.11 to guard against jeopardizing the safety of school children 205.12 around school buses and the penalties for violating that 205.13 section. A failure to make this certification does not bar a 205.14 prosecution for violation of section 169E.21. 205.15 Subd. 12. [IMPROVED SECURITY.] The commissioner shall 205.16 develop drivers' licenses and identification cards, that are as 205.17 impervious to alteration as is reasonably practicable in their 205.18 design, quality of material, and technology. The driver's 205.19 license security laminate shall be made from materials not 205.20 readily available to the general public. The design and 205.21 technology employed must enable the driver's license and 205.22 identification card to be subject to two or more methods of 205.23 visual verification capable of clearly indicating the presence 205.24 of tampering or counterfeiting. The driver's license and 205.25 identification card must not be susceptible to reproduction by 205.26 photocopying or simulation and must be highly resistant to data 205.27 or photograph substitution and other tampering. 205.28 Subd. 13. [AGREEMENTS WITH OTHER AGENCIES.] (a) The 205.29 commissioner may enter into agreements with other agencies to 205.30 issue cards to clients of those agencies for use in their 205.31 programs. The cards may be issued to persons who do not qualify 205.32 for a Minnesota driver's license or do not provide evidence of 205.33 name and identity as required by rule for a Minnesota 205.34 identification card. Persons issued cards under this 205.35 subdivision will meet the contracting agency's identification 205.36 verification requirements. 206.1 (b) The interagency agreement may include provisions for 206.2 the payment of the county fee provided in section 169J.13, 206.3 subdivision 6, and the actual cost to manufacture the card. 206.4 (c) Cards issued under this subdivision are not Minnesota 206.5 identification cards for the purposes defined in sections 206.6 48.512, 201.061, 201.161, 332.50, and 340A.503. 206.7 Subd. 14. [DESIGNATED PARENT.] (a) Upon the written 206.8 request of the applicant on a form developed by the department, 206.9 which contains the information specified in paragraph (b), and 206.10 upon payment of an additional fee of $3.50, the department shall 206.11 issue a driver's license or Minnesota identification card 206.12 bearing a symbol or other appropriate identifier indicating that 206.13 the license holder has appointed an individual to serve as a 206.14 designated parent under chapter 257A. 206.15 (b) The form shall provide as follows: 206.16 "..........(Name of parent(s)).......... appoints 206.17 ..........(name of designated parent).......... to provide care 206.18 for ..........(name of child or children).......... when 206.19 requested by the parent(s) or when the parent(s) is unable to 206.20 care for the child (children) and unable to request the 206.21 designated parent's assistance. 206.22 The designated parent will care for the child (children) 206.23 named in this form for (choose one of the following): 206.24 (indicate a specified period of time that is less than one 206.25 year); or 206.26 (indicate that care is to be provided for one year). 206.27 The designated parent has the powers and duties to make 206.28 decisions and meet the child's (children's) needs in the areas 206.29 checked or specified below: 206.30 education .......... 206.31 health care .......... 206.32 religion .......... 206.33 day care .......... 206.34 recreation .......... 206.35 other .......... 206.36 ........................................................... 207.1 ........................................................... 207.2 ........................................................... 207.3 The designated parent (choose one of the following): 207.4 is .......... 207.5 is not .......... authorized to make decisions about 207.6 financial issues and control financial resources provided for 207.7 the child (children) by the parent. 207.8 This designated parent agreement is effective for four 207.9 years following the date it is signed by the parent(s), 207.10 designated parent, any child age 14 or older, and any alternate 207.11 designated parent. However, the agreement may be canceled by a 207.12 parent, a designated parent, or an alternate designated parent 207.13 at any time before that date, upon notice to the other parties 207.14 to the agreement. 207.15 (Parent(s) signature(s) and Minnesota driver's license(s) 207.16 or Minnesota identification card number(s)) 207.17 (Designated parent signature, Minnesota driver's license or 207.18 Minnesota identification card number, address, and telephone 207.19 number) 207.20 (Alternate designated parent signature, Minnesota driver's 207.21 license or Minnesota identification card number, address, and 207.22 telephone number) 207.23 (Child age 14 or older signature ..........) 207.24 (Date ..........) 207.25 (Notarization ..........)" 207.26 (c) The department shall maintain a computerized records 207.27 system of all persons listed as designated parents by driver's 207.28 license and identification card applicants. This data shall be 207.29 released to appropriate law enforcement agencies under section 207.30 13.69. Upon a parent's request and payment of a fee of $3.50, 207.31 the department shall revise its list of designated parents and 207.32 alternates to reflect a change in the appointment of a 207.33 designated parent. 207.34 (d) At the request of the license or card holder, the 207.35 department shall cancel the designated parent indication without 207.36 additional charge. However, this paragraph does not prohibit a 208.1 fee that may be applicable for a duplicate or replacement 208.2 license or card, renewal of a license, or other service 208.3 applicable to a driver's license or identification card. 208.4 (e) Notwithstanding sections 13.08, subdivision 1, and 208.5 13.69, the department and department employees are conclusively 208.6 presumed to be acting in good faith when employees rely on 208.7 statements made, in person or by telephone, by persons 208.8 purporting to be law enforcement and subsequently release 208.9 information described in paragraph (b). When acting in good 208.10 faith, the department and department personnel are immune from 208.11 civil liability and not subject to suit for damages resulting 208.12 from the release of this information. 208.13 (f) The department and its employees: 208.14 (1) have no duty to inquire or otherwise determine whether 208.15 a form submitted under this subdivision contains the signatures 208.16 of all parents who have legal custody of a child; and 208.17 (2) are immune from all civil liability and not subject to 208.18 suit for damages resulting from a claim that any parent with 208.19 legal custody of a child has not signed the form. 208.20 (g) Of the fees received by the department under this 208.21 subdivision: 208.22 (1) up to $111,000 received in fiscal year 1997 and up to 208.23 $61,000 received in subsequent fiscal years must be deposited in 208.24 the general fund; and 208.25 (2) all other fees must be deposited in the trunk highway 208.26 fund. 208.27 Sec. 16. [169J.17] [PHOTOGRAPHS ON LICENSES AND 208.28 IDENTIFICATION CARDS.] 208.29 Subdivision 1. [RELIGIOUS OBJECTION.] Notwithstanding the 208.30 provisions of section 169J.15, the commissioner may adopt rules 208.31 to permit identification on a driver's license or Minnesota 208.32 identification card in lieu of a photograph or electronically 208.33 produced image where the commissioner finds that the applicant 208.34 has religious objections to the use of a photograph or 208.35 electronically produced image. 208.36 Subd. 2. [CERTAIN HEADWEAR PERMITTED.] If an accident 209.1 involving a head injury, serious illness, or treatment of 209.2 illness has caused hair loss by an applicant for a driver's 209.3 license or identification card, the commissioner shall permit 209.4 the applicant to wear a hat or similar headwear for the 209.5 photograph or electronically produced image. The hat or 209.6 headwear must be of an appropriate size and type to allow 209.7 identification of the holder of the license or card and must not 209.8 obscure the holder's face. 209.9 Sec. 17. [169J.19] [LICENSEE TO HAVE LICENSE IN 209.10 POSSESSION.] 209.11 Every licensee shall have the license in immediate 209.12 possession whenever operating a motor vehicle and shall display 209.13 it upon demand of a peace officer, an authorized representative 209.14 of the department, or an officer authorized by law to enforce 209.15 the laws relating to the operation of motor vehicles on public 209.16 streets and highways. Unless the person is the holder of a 209.17 limited license issued under section 169J.77, no person charged 209.18 with violating the possession requirement shall be convicted if 209.19 the person produces in court or the arresting officer's office a 209.20 driver's license for the class of vehicle being driven that was 209.21 valid at the time of arrest or satisfactory proof that at the 209.22 time of arrest the person was validly licensed for the class of 209.23 vehicle being driven. The licensee shall also, upon any peace 209.24 officer's request, write the licensee's name in the officer's 209.25 presence to determine the licensee's identity. 209.26 Sec. 18. [169J.21] [COMMISSIONER'S RESTRICTIONS.] 209.27 Subdivision 1. [COMMISSIONER MAY IMPOSE RESTRICTIONS.] The 209.28 commissioner may, when good cause appears, impose restrictions 209.29 suitable to the licensee's driving ability or other restrictions 209.30 applicable to the licensee that the commissioner determines to 209.31 be appropriate to assure the safe operation of a motor vehicle 209.32 by the licensee. 209.33 Subd. 2. [COMMISSIONER MAY SUSPEND OR REVOKE 209.34 LICENSE.] Upon receiving satisfactory evidence of any violation 209.35 of a license's restrictions, the commissioner may suspend or 209.36 revoke the license. A license suspension under this section is 210.1 subject to section 169J.47, subdivisions 2 and 3. 210.2 Subd. 3. [OPERATION OF VEHICLE IN VIOLATION OF 210.3 RESTRICTIONS.] It is unlawful for any person to operate a motor 210.4 vehicle in any manner in violation of the restrictions imposed 210.5 in a restricted license. 210.6 Sec. 19. [169J.23] [DUPLICATE LICENSES; VEHICLE 210.7 ENDORSEMENT.] 210.8 Subdivision 1. [DUPLICATE LICENSE.] If an instruction 210.9 permit or driver's license is lost or destroyed, or becomes 210.10 illegible, the person to whom it was issued shall obtain a 210.11 duplicate. The person shall furnish proof satisfactory to the 210.12 department that the permit or license has been lost or destroyed 210.13 or has become illegible, and pay the required fee. 210.14 Subd. 2. [ENDORSEMENTS ADDED.] Any person, after applying 210.15 for or receiving a driver's license and before the expiration 210.16 year of the license, who wishes to have a motorcycle, school 210.17 bus, tank vehicle, passenger, double-trailer or triple-trailer, 210.18 or hazardous materials vehicle endorsement added to the license, 210.19 shall, after taking the necessary examination, apply for a 210.20 duplicate license and pay the proper fee. 210.21 Sec. 20. [169J.25] [DUPLICATE LICENSE; CHANGE OF DOMICILE 210.22 OR NAME.] 210.23 When any person, after applying for or receiving a driver's 210.24 license, changes permanent domicile from the address named in 210.25 the application or in the license, or changes a name by marriage 210.26 or otherwise, the person shall, within 30 days thereafter, apply 210.27 for a duplicate driver's license. The applicant shall use a 210.28 form furnished by the department and pay the required fee. The 210.29 application shall show both the licensee's old address and new 210.30 address or the former name and new name as the case may be. 210.31 Sec. 21. [169J.27] [DRIVING RECORDS; FILING; PRIVATE DATA; 210.32 SURCHARGE.] 210.33 Subdivision 1. [LICENSES FILED IN ALPHABETICAL ORDER.] The 210.34 department shall file every application for a driver's license 210.35 received by it and shall maintain suitable indices containing, 210.36 in alphabetical order: 211.1 (a) all applications denied and the reason for denial; 211.2 (b) all applications granted; and 211.3 (c) the name of every person whose license has been 211.4 suspended, revoked, or canceled or who has been disqualified 211.5 from operating a commercial motor vehicle by the department, and 211.6 after each name the reasons for the action. 211.7 Subd. 2. [ACCIDENT REPORTS AND RECORDS OF CONVICTION 211.8 FILED.] The department shall file all accident reports and 211.9 abstracts of court records of convictions and violations 211.10 received by it under the laws of this state and its political 211.11 subdivisions. The department shall maintain convenient records 211.12 or make suitable notations so that an individual record of each 211.13 licensee showing the convictions of the licensee and the traffic 211.14 accidents in which the licensee has been involved is readily 211.15 ascertainable and available for the department's consideration 211.16 upon any application for renewal of license and the revocation, 211.17 suspension, or limitation of license. 211.18 Subd. 3. [APPLICATIONS AND RECORDS, WHEN DESTROYED.] The 211.19 department may cause applications for drivers' licenses and 211.20 instruction permits, and related records, to be destroyed 211.21 immediately after the period for which issued, except that: 211.22 (a) the driver's record concerning revocations, 211.23 suspensions, cancellations, disqualifications, convictions, and 211.24 accidents shall be cumulative and kept for at least five years; 211.25 and 211.26 (b) the driver's record concerning prior impaired driving 211.27 convictions and prior substance-related loss of license, and 211.28 violations of sections 169B.51 to 169B.55 and 169J.653, shall be 211.29 cumulative and kept for at least 15 years. 211.30 Subd. 4. [RECORD DESTROYED WHEN ORDER RESCINDED.] 211.31 Notwithstanding subdivision 3 or section 138.163, when an order 211.32 for revocation, suspension, or cancellation of a driver's 211.33 license or disqualification of a driver from operating a 211.34 commercial motor vehicle is rescinded and all rights of appeal 211.35 have been exhausted or have expired, the commissioner shall 211.36 remove the record of the revocation, suspension, cancellation, 212.1 or disqualification from the computer records that are disclosed 212.2 to persons or agencies outside the driver and vehicle services 212.3 division of the department of public safety. 212.4 Subd. 5. [RECORD OF IMPROPER SUSPENSION DESTROYED.] 212.5 Notwithstanding subdivision 3 or section 138.163, when an order 212.6 for suspension of a driver's license issued pursuant to section 212.7 169J.56 is rescinded because the license was improperly 212.8 suspended and all rights of appeal have been exhausted or have 212.9 expired, the commissioner shall remove the record of the 212.10 suspension from the computer records that are disclosed to 212.11 persons or agencies outside the driver and vehicle services 212.12 division of the department of public safety. 212.13 Subd. 6. [DONOR DOCUMENTS.] The department shall file all 212.14 donor documents received by it, and maintain convenient records 212.15 so that donor status shall be readily ascertainable. On request 212.16 of any interested party upon or after the donor's death, the 212.17 department shall produce the donor document for examination. 212.18 Subd. 7. [CERTAIN CONVICTIONS NOT RECORDED.] The 212.19 department shall not keep on a driver's record any conviction 212.20 for a violation of section 169D.11, subdivision 2, paragraph 212.21 (a), clause (3), unless the violation consisted of a speed more 212.22 than ten miles per hour over the lawful speed. 212.23 Subd. 8. [PRIVACY OF RESIDENCE ADDRESS.] (a) An applicant 212.24 for a driver's license or a Minnesota identification card may 212.25 request that the applicant's residence address be classified as 212.26 private data on individuals, as defined in section 13.02, 212.27 subdivision 12. The commissioner shall grant the classification 212.28 upon receiving the applicant's signed statement by the 212.29 individual that the classification is required for the safety of 212.30 the applicant or the applicant's family, if the statement also 212.31 provides a valid, existing address where the applicant consents 212.32 to receive service of process. The commissioner shall use the 212.33 mailing address in place of the residence address in all 212.34 documents and notices concerning the driver's license or 212.35 identification card. The residence address and any information 212.36 provided in the classification request, other than the mailing 213.1 address, are private data on individuals and may be provided to 213.2 requesting law enforcement agencies, probation and parole 213.3 agencies, and public authorities, as defined in section 518.54, 213.4 subdivision 9. 213.5 (b) An applicant for a driver's license or a Minnesota 213.6 identification card must be informed in a clear and conspicuous 213.7 manner on the forms for the issuance or renewal that the 213.8 applicant's personal information may be disclosed to any person 213.9 who makes a request for the personal information, and that 213.10 except for uses permitted by United States Code, title 18, 213.11 section 2721, clause (b), the applicant may prohibit disclosure 213.12 of the personal information by so indicating on the form. 213.13 (c) An applicant for a driver's license or a Minnesota 213.14 identification card must be also informed in a clear and 213.15 conspicuous manner on forms that the applicant's personal 213.16 information may be used, rented, or sold solely for bulk 213.17 distribution by organizations for business purposes, including 213.18 surveys, marketing, or solicitation. The commissioner shall 213.19 implement methods and procedures that enable the applicant to 213.20 request that bulk surveys, marketing, or solicitation not be 213.21 directed to the applicant. If the applicant so requests, the 213.22 commissioner shall implement the request in a timely manner and 213.23 the personal information may not be so used. 213.24 (d) To the extent permitted by United States Code, title 213.25 18, section 2721, data on individuals provided to obtain a 213.26 Minnesota identification card or a driver's license is public 213.27 data on individuals and shall be disclosed as permitted by 213.28 United States Code, title 18, section 2721, clause (b). 213.29 Subd. 9. [DISCLOSURE OF PERSONAL INFORMATION.] The 213.30 commissioner shall disclose personal information where the use 213.31 is related to the operation of a motor vehicle or to public 213.32 safety, including public dissemination. The use of personal 213.33 information is related to public safety if it concerns the 213.34 physical safety or security of drivers, vehicles, pedestrians, 213.35 or property. 213.36 Subd. 10. [REQUESTS FOR INFORMATION; SURCHARGE ON FEE.] 214.1 The commissioner shall impose a surcharge of 50 cents on each 214.2 fee charged by the commissioner under section 13.03, subdivision 214.3 3, for copies or electronic transmittal of public information 214.4 concerning driver's license and Minnesota identification card 214.5 applicants. This surcharge applies only to a fee imposed in 214.6 responding to a request made in person or by mail, or to a 214.7 request for transmittal through a computer modem. The surcharge 214.8 does not apply to an individual's request for information 214.9 concerning that individual's driver's license or Minnesota 214.10 identification card. The commissioner shall forward the 214.11 surcharges collected under this subdivision to the commissioner 214.12 of finance on a monthly basis. Upon receipt, the commissioner 214.13 of finance shall credit the surcharges to the general fund. 214.14 Sec. 22. [169J.29] [USE OF ANOTHER'S RESIDENCE ADDRESS.] 214.15 A person may notify the commissioner in writing to the 214.16 effect that the person (1) is the owner of a residence, and (2) 214.17 does not consent to have that residence address identified on 214.18 any driver's license or identification card or driving record of 214.19 the department as the residence address or permanent mailing 214.20 address of any person named in the notice. The notice may not 214.21 name a spouse of the notifying person. Upon receiving the 214.22 notice the commissioner shall not issue any license or 214.23 identification card under this chapter, or accept an application 214.24 for a license or identification card under this chapter, that 214.25 lists the residence address identified in the notice as the 214.26 residence address or permanent mailing address of any person 214.27 named in the notice. 214.28 Sec. 23. [169J.31] [EXAMINATION.] 214.29 Subdivision 1. [APPLICANTS.] (a) Except as otherwise 214.30 provided in this section, the commissioner shall examine each 214.31 applicant for a driver's license by such agency as the 214.32 commissioner directs. This examination must include a test of 214.33 the applicant's eyesight; ability to read and understand highway 214.34 signs regulating, warning, and directing traffic; knowledge of 214.35 traffic laws; knowledge of the effects of alcohol and drugs on a 214.36 driver's ability to operate a motor vehicle safely and legally, 215.1 and of the legal penalties and financial consequences resulting 215.2 from violations of laws prohibiting the operation of a motor 215.3 vehicle while under the influence of alcohol or drugs; knowledge 215.4 of railroad grade crossing safety; knowledge of highway safety 215.5 with respect to approaching, following, and passing slow-moving 215.6 vehicles and the significance of the slow-moving vehicle emblem; 215.7 knowledge of traffic laws related to bicycles; an actual 215.8 demonstration of ability to exercise ordinary and reasonable 215.9 control in the operation of a motor vehicle; and other physical 215.10 and mental examinations as the commissioner finds necessary to 215.11 determine the applicant's fitness to operate a motor vehicle 215.12 safely upon the highways. However, no driver's license shall be 215.13 denied on the exclusive grounds that the applicant's eyesight is 215.14 deficient in color perception, and a war veteran operating a 215.15 motor vehicle especially equipped for handicapped persons, 215.16 shall, if otherwise entitled to a license, be granted the 215.17 license. 215.18 (b) The commissioner shall arrange for examinations either 215.19 in the county where the applicant resides or at a place adjacent 215.20 thereto reasonably convenient to the applicant. 215.21 Subd. 2. [WAIVER.] The commissioner may waive the 215.22 requirement that the applicant demonstrate ability to exercise 215.23 ordinary and reasonable control in the operation of a motor 215.24 vehicle on determining that the applicant possesses a valid 215.25 driver's license issued by a jurisdiction that requires a 215.26 comparable demonstration for license issuance. 215.27 Subd. 3. [DRIVER'S MANUAL; ALCOHOL CONSUMPTION.] (a) The 215.28 commissioner shall include in each edition of the driver's 215.29 manual published by the department a chapter concerning: 215.30 (1) the effect of alcohol consumption on highway safety and 215.31 on the ability of drivers to safely operate motor vehicles; 215.32 (2) a summary of Minnesota's laws on operating a motor 215.33 vehicle while under the influence of alcohol or a controlled 215.34 substance; and 215.35 (3) the legal penalties and financial consequences 215.36 resulting from violations of laws prohibiting the operation of a 216.1 motor vehicle while under the influence of alcohol or drugs. 216.2 (b) This chapter shall also include information on the 216.3 dangers of driving at alcohol concentration levels below the 216.4 legal limit for alcohol concentration, and specifically state 216.5 that: 216.6 (1) there is no "safe" level or amount of alcohol that an 216.7 individual can assume will not impair one's driving performance 216.8 or increase the risk of a crash; 216.9 (2) a driver may be convicted of driving while impaired 216.10 whether or not the driver's alcohol concentration exceeds the 216.11 legal limit for alcohol concentration; and 216.12 (3) a person under the legal drinking age may be convicted 216.13 of illegally consuming alcohol if found to have consumed any 216.14 amount of alcohol, and if driving during or after the 216.15 consumption of alcohol is subject to driver's license suspension. 216.16 Subd. 4. [DRIVER'S MANUAL; OTHER MATTERS.] The 216.17 commissioner shall include in each edition of the driver's 216.18 manual published by the department sections concerning: 216.19 (a) the criminal sanctions and forfeiture provisions 216.20 applicable to a person who flees a peace officer in a motor 216.21 vehicle; 216.22 (b) safe operation of vehicles at railroad grade crossings; 216.23 (c) bicycle traffic laws, including any changes in the law 216.24 that affect bicycle traffic; and 216.25 (d) the circumstances under which a driver must stop to 216.26 yield the right-of-way to a pedestrian in a crosswalk and the 216.27 penalties for failure to yield. 216.28 Subd. 5. [EXAMINATION UPON RENEWAL.] A driver's license 216.29 shall be issued upon renewal when the applicant has passed an 216.30 examination consisting of a screening of the applicant's 216.31 eyesight. Screening of eyesight required by this subdivision 216.32 shall not be construed as the practice of optometry as defined 216.33 in section 148.56. 216.34 Subd. 6. [EXAMINATION OF LICENSED DRIVER.] The 216.35 commissioner may require an examination by such agency as the 216.36 commissioner directs of any licensed driver, to determine 217.1 incompetency, physical or mental disability or disease, or any 217.2 other condition that might affect the driver from exercising 217.3 reasonable and ordinary control over a motor vehicle. No 217.4 examination shall be required solely because a licensed driver 217.5 has attained a certain age. If because of the examination the 217.6 commissioner believes that the driver is an unsafe person to 217.7 operate a motor vehicle upon the public highways, the 217.8 commissioner may cancel the person's driver's license. The 217.9 commissioner shall give the person written notice of the 217.10 cancellation. 217.11 Subd. 7. [PENALTY; FAILURE TO SUBMIT TO EXAMINATION.] If a 217.12 licensee does not submit to any examination required under the 217.13 provisions of subdivision 6, the commissioner may cancel the 217.14 licensee's driver's license. If the license is canceled, the 217.15 licensee shall immediately surrender to the department all 217.16 driver's license certificates in the licensee's possession. 217.17 Subd. 8. [EXAMINATION FEE FOR VEHICLE ENDORSEMENT.] Any 217.18 person applying for a motorcycle, school bus, tank vehicle, 217.19 passenger, double-trailer or triple-trailer, or hazardous 217.20 materials vehicle endorsement on the person's driver's license 217.21 shall pay a $2.50 examination fee at the place of application. 217.22 LOSING LICENSE 217.23 Sec. 24. [169J.33] [PHYSICIAN'S REPORT TO COMMISSIONER.] 217.24 Subdivision 1. [VOLUNTARY REPORTING BY PHYSICIAN.] Any 217.25 physician who diagnoses a physical or mental condition that in 217.26 the physician's judgment will significantly impair the person's 217.27 ability to operate safely a motor vehicle may voluntarily report 217.28 the person's name and other information relevant to the 217.29 condition to the commissioner. The commissioner, upon receiving 217.30 the report, shall require the person so reported to be examined 217.31 as provided in section 169J.31, subdivision 6. 217.32 Subd. 2. [PHYSICIAN IMMUNE FROM LIABILITY.] Any physician 217.33 reporting in good faith and exercising due care shall have 217.34 immunity from any civil or criminal liability that otherwise 217.35 might result because of actions pursuant to this section. No 217.36 cause of action may be brought against any physician for failing 218.1 to make a report pursuant to this section. 218.2 Sec. 25. [169J.34] [CANCELLATION.] 218.3 The commissioner may cancel any driver's license upon 218.4 determination that the licensee was not entitled to the issuance 218.5 thereof, or that the licensee failed to give the required or 218.6 correct information in the application, or committed any fraud 218.7 or deceit in making the application. The commissioner may also 218.8 cancel the driver's license of any person who, at the time of 218.9 the cancellation, would not have been entitled to receive a 218.10 license under the provisions of section 169J.03. 218.11 Sec. 26. [169J.35] [NONRESIDENT'S OPERATING PRIVILEGE.] 218.12 Subdivision 1. [SUSPENSION OR REVOCATION.] The privilege 218.13 of operating a motor vehicle on the highways of this state given 218.14 to a nonresident under this chapter shall be subject to 218.15 suspension or revocation by the commissioner in like manner and 218.16 for like cause as a driver's license issued under this chapter. 218.17 Subd. 2. [FORWARDING RECORD.] Upon receiving a record of a 218.18 nonresident driver's conviction of any offense under the motor 218.19 vehicle laws of this state, the commissioner may forward a 218.20 certified copy of the record to the motor vehicle administrator 218.21 in the state in which the person so convicted resides. 218.22 Sec. 27. [169J.36] [COURT MAY RECOMMEND SUSPENSION.] 218.23 Subdivision 1. [COURTS TO REPORT TO COMMISSIONER.] Every 218.24 court shall forward to the department, within ten days, a record 218.25 of any person's conviction for a violation of any law of this 218.26 state or ordinance of a political subdivision regulating the 218.27 operation of motor vehicles, except parking violations and 218.28 defective vehicle equipment or vehicle size or weight violations. 218.29 Subd. 2. [COMMISSIONER SHALL SUSPEND.] The court may 218.30 recommend the suspension of the driver's license of the person 218.31 so convicted. The commissioner shall suspend the license as 218.32 recommended by the court, without a hearing. 218.33 Subd. 3. [SUSPENSION FOR FAILURE TO PAY FINE.] (a) The 218.34 commissioner shall suspend a person's driver's license when any 218.35 court reports to the commissioner that the person: 218.36 (1) has been convicted of violating a law of this state or 219.1 an ordinance of a political subdivision that regulates the 219.2 operation or parking of motor vehicles; 219.3 (2) has been sentenced to a fine or had a penalty 219.4 assessment levied, or sentenced to a fine upon which a penalty 219.5 assessment was levied; and 219.6 (3) has refused or failed to comply with the sentence or 219.7 pay the penalty assessment, notwithstanding the court's 219.8 determination that the person is able to pay the fine or penalty 219.9 assessment. 219.10 (b) The suspension under this section ends when: 219.11 (1) the court notifies the commissioner of the payment of 219.12 the fine or penalty assessment, or both if both previously were 219.13 not paid; and 219.14 (2) the reinstatement fee under section 169J.58, 219.15 subdivision 1, has been paid. 219.16 Subd. 4. [JUVENILE COURT.] When any judge of a juvenile 219.17 court, or any of its duly authorized agents, determines formally 219.18 or informally that any person under the age of 18 years has 219.19 violated any law of this state, or an ordinance of a political 219.20 subdivision regulating the operation of motor vehicles on 219.21 streets and highways, except parking violations, and except 219.22 traffic offenses involving a violation of section 169B.11 219.23 (driver under influence) or 169B.41 (refusal to test) that must 219.24 be reported under section 169J.41, the judge or agent shall 219.25 immediately report the determination to the department. The 219.26 judge or agent may recommend suspension of the person's driver's 219.27 license. The commissioner may suspend the license as 219.28 recommended, without a hearing. 219.29 Subd. 5. [NOTICE OF SUSPENSION.] A suspension under this 219.30 section is subject to the notice requirements of section 219.31 169J.47, subdivision 2. 219.32 Sec. 28. [169J.37] [COMMERCIAL DRIVER'S LICENSE, 219.33 DISQUALIFICATION.] 219.34 Subdivision 1. [FIRST VIOLATION.] Subject to section 219.35 169J.38, the commissioner shall disqualify a person from 219.36 operating commercial motor vehicles for one year upon receiving 220.1 a record of the person's first conviction for a violation of any 220.2 of the following in the commission of which a commercial motor 220.3 vehicle was used: 220.4 (a) section 169B.11 (driver under influence), 169B.41 220.5 (refusal to test), or 169B.51 (substance-related commercial 220.6 driving); 220.7 (b) section 169C.51, subdivision 1 (leaving scene); 220.8 (c) a felony, other than a felony described in subdivision 220.9 3, paragraph (c); or 220.10 (d) an offense committed in another state that would be 220.11 grounds for disqualification under this subdivision or 220.12 subdivision 2 if committed in Minnesota. 220.13 Subd. 2. [IMPLIED CONSENT REVOCATION.] The commissioner 220.14 shall disqualify a person from operating commercial motor 220.15 vehicles for one year after the effective date of a revocation 220.16 under section 169B.35 or a statute or ordinance from another 220.17 state in conformity with it, if the person was driving, 220.18 operating, or in physical control of a commercial motor vehicle 220.19 at the time of the incident on which the revocation is based. 220.20 Subd. 3. [GRAVE OR MULTIPLE OFFENSES.] Subject to section 220.21 169J.38, the commissioner shall disqualify a person from 220.22 operating commercial motor vehicles for: 220.23 (a) not less than three years, for a conviction or 220.24 revocation set forth in subdivision 1 or 2 committed during the 220.25 transportation of hazardous materials; 220.26 (b) not less than ten years, if the person is convicted a 220.27 second or subsequent time of an offense set forth in subdivision 220.28 1 or 2, a statute of another state or ordinance in conformity 220.29 with it, or any combination of those offenses; or 220.30 (c) life, if the person is convicted under chapter 609F of 220.31 a felony involving the manufacture, sale, or distribution of a 220.32 controlled substance, or involving the possession of a 220.33 controlled substance with intent to manufacture, sell, or 220.34 distribute it, and the person is found to have used a commercial 220.35 motor vehicle in the commission of the felony. 220.36 Subd. 4. [SERIOUS TRAFFIC VIOLATIONS.] (a) On receiving a 221.1 record of conviction and subject to section 169J.38, the 221.2 commissioner shall disqualify a person from operating commercial 221.3 motor vehicles for 60 days if the person is convicted of two 221.4 serious traffic violations, or 120 days if convicted of three 221.5 serious traffic violations. The violations must involve 221.6 separate incidents and must have been committed in a commercial 221.7 motor vehicle within a three-year period. 221.8 (b) For purposes of this subdivision, a serious traffic 221.9 offense includes the following: 221.10 (1) following too closely under section 169D.31, 221.11 subdivision 8; 221.12 (2) erratic lane change under sections 169D.31, 221.13 subdivisions 3 and 7; and 169D.33, subdivision 4; 221.14 (3) operating the commercial vehicle at a speed 15 miles 221.15 per hour or more above the posted speed limit; 221.16 (4) grossly negligent driving under section 169C.11; 221.17 (5) careless driving under section 169C.31; 221.18 (6) fleeing a peace officer under section 169C.71; and 221.19 (7) a violation of a moving traffic statute of Minnesota or 221.20 any state, or an ordinance in conformity with a Minnesota 221.21 statute, that arose in connection with a fatal accident. 221.22 Subd. 5. [RULES.] The commissioner shall adopt rules to 221.23 administer this section. The rules must include procedures for 221.24 issuing class D licenses to persons who have been disqualified 221.25 from operating commercial motor vehicles but whose drivers' 221.26 licenses have not otherwise been revoked, suspended, canceled, 221.27 or denied. 221.28 Subd. 6. [EXEMPTIONS.] A disqualification shall not be 221.29 imposed under this section on a recreational equipment operator, 221.30 farmer, or firefighter operating a commercial motor vehicle 221.31 within the scope of section 169J.03, subdivision 2, paragraph 221.32 (a). 221.33 Subd. 7. [SCOPE.] This section applies to offenses 221.34 committed, and revocations imposed for incidents occurring, on 221.35 or after January 1, 1990. 221.36 Sec. 29. [169J.38] [REVIEW OF DISQUALIFICATION.] 222.1 Subdivision 1. [REVIEW OF CONVICTIONS.] The commissioner 222.2 shall review court records of convictions subject to section 222.3 169J.37, other than a violation of section 169B.11 (driver under 222.4 influence), 169B.41 (refusal to test), or 169B.51 222.5 (substance-related commercial driving), if the commissioner has 222.6 reasonable cause to believe the information is pertinent to the 222.7 disqualification of an individual. 222.8 Subd. 2. [NOTIFICATION TO THE SUBJECT OF A COMMERCIAL 222.9 DRIVER'S LICENSE.] The commissioner shall notify the applicant 222.10 or license holder and the individual who is the subject of a 222.11 review, in writing, of the results of the review. The 222.12 commissioner shall notify the individual reviewed if the 222.13 information contained in the review could cause license 222.14 disqualification. 222.15 Subd. 3. [RECONSIDERATION OF LICENSE DISQUALIFICATION.] (a) 222.16 Within 30 days after receiving notice of possible 222.17 disqualification under subdivision 2, the individual who is the 222.18 subject of the review may request reconsideration of the notice 222.19 of possible disqualification. The individual must submit the 222.20 request for reconsideration to the commissioner in writing. The 222.21 individual must present information to show that the information 222.22 the commissioner relied upon is incorrect or not applicable for 222.23 disqualification of the individual being reviewed. 222.24 (b) The commissioner may set aside the disqualification if 222.25 the commissioner finds that the information the commissioner 222.26 relied upon is incorrect or not applicable for disqualification 222.27 of the individual being reviewed. 222.28 (c) The commissioner shall notify the applicant or license 222.29 holder in writing of the reconsideration decision within 15 222.30 working days after receiving the request for reconsideration. 222.31 The disqualification takes effect 20 days after the person 222.32 receives the reconsideration decision. 222.33 Sec. 30. [169J.41] [REVOCATION.] 222.34 Subdivision 1. [OFFENSES.] (a) The department shall 222.35 immediately revoke the license of a driver upon receiving a 222.36 record of the driver's conviction of: 223.1 (1) manslaughter resulting from the operation of a motor 223.2 vehicle or criminal vehicular homicide or injury under sections 223.3 169B.111 to 169B.115, paragraph (a), or 169C.111 to 169C.115, 223.4 paragraph (a); 223.5 (2) a violation of section 169B.11 (driver under 223.6 influence), 169B.41 (refusal to test), or 169C.71 (fleeing peace 223.7 officer); 223.8 (3) a felony in the commission of which a motor vehicle was 223.9 used; 223.10 (4) failure to stop and disclose identity and render aid, 223.11 as required under section 169C.51, in the event of a motor 223.12 vehicle accident, resulting in the death or personal injury of 223.13 another; 223.14 (5) perjury or the making of a false affidavit or statement 223.15 to the department under any law relating to the ownership or 223.16 operation of a motor vehicle; 223.17 (6) except as this section otherwise provides, three 223.18 charges of violating within 12 months any of the provisions of 223.19 the vehicle code or of the rules or local ordinances enacted in 223.20 conformance therewith, for which the accused upon conviction may 223.21 be punished by incarceration; 223.22 (7) two or more violations, within five years, of section 223.23 169E.215 (second degree misdemeanor school bus safety violation 223.24 by other driver); 223.25 (8) a violation of section 169E.213 (first degree 223.26 misdemeanor school bus safety violation by other driver); or 223.27 (9) an offense in another state that, if committed in this 223.28 state, would be grounds for revoking the driver's license. 223.29 (b) The department shall immediately revoke the school bus 223.30 endorsement of a driver upon receiving a record of the driver's 223.31 conviction under section 169E.115. 223.32 Subd. 2. [OFFENSES BY JUVENILES.] When a juvenile court 223.33 judge or duly authorized agent determines under a proceeding 223.34 held under chapter 260 that a person under the age of 18 years 223.35 has committed an offense defined in this section, the judge or 223.36 agent shall immediately report this determination to the 224.1 department. The commissioner shall immediately revoke the 224.2 person's driver's license. 224.3 Subd. 3. [NOTICE.] Upon revoking a driver's license under 224.4 this chapter, the department shall immediately notify the 224.5 licensee, in writing, by depositing in the United States post 224.6 office a notice addressed to the licensee at the licensee's last 224.7 known address, with postage prepaid. 224.8 Sec. 31. [169J.42] [REVOCATION; FLEEING PEACE OFFICER 224.9 OFFENSE.] 224.10 Subdivision 1. [GENERALLY.] The commissioner shall revoke 224.11 the driver's license of a person upon receipt of a certificate 224.12 of conviction showing that the person has in a motor vehicle 224.13 violated section 169C.71. The commissioner shall revoke the 224.14 driver's license as follows: 224.15 (a) for the first offense under section 169C.715, for not 224.16 less than one year; 224.17 (b) for an offense under section 169C.714, for not less 224.18 than three years; 224.19 (c) for an offense under section 169C.711, for not less 224.20 than ten years; 224.21 (d) for an offense under section 169C.712, for not less 224.22 than seven years; and 224.23 (e) for an offense under section 169C.713, for not less 224.24 than five years. 224.25 Subd. 2. [LIMITED LICENSE.] A limited license under 224.26 section 169J.75 may not be issued for one-half of the revocation 224.27 period specified in subdivision 1, paragraphs (a) to (e), and 224.28 after that period is over only upon and as recommended by the 224.29 adjudicating court. 224.30 Sec. 32. [169J.43] [REVOCATION; CONTROLLED SUBSTANCE 224.31 OFFENSE.] 224.32 The commissioner shall revoke the driver's license of any 224.33 person convicted of or any juvenile adjudicated for a controlled 224.34 substance offense if the court has notified the commissioner of 224.35 a determination made under section 260.185, subdivision 1 or 224.36 609F.09. The period of revocation shall be for the applicable 225.1 time period specified in section 609F.09. If the person does 225.2 not have a driver's license or if the person's driver's license 225.3 is suspended or revoked at the time of the conviction or 225.4 adjudication, the commissioner shall, upon the person's 225.5 application for driver's license issuance or reinstatement, 225.6 delay the issuance or reinstatement of the person's driver's 225.7 license for the applicable time period specified in section 225.8 609F.07. 225.9 Sec. 33. [169J.45] [SUSPENSION; ILLEGAL PURCHASE OF 225.10 ALCOHOLIC BEVERAGES.] 225.11 The commissioner shall suspend for a period of 90 days the 225.12 license of a person who: 225.13 (a) is under the age of 21 years and is convicted of 225.14 purchasing or attempting to purchase an alcoholic beverage in 225.15 violation of section 340A.503 if the person used a driver's 225.16 license, permit, or Minnesota identification card to purchase or 225.17 attempt to purchase the alcoholic beverage; or 225.18 (b) is convicted under section 169J.61, subdivision 3, 225.19 paragraph (a), or 340A.503, subdivision 2, clause (3), of 225.20 lending or knowingly permitting a person under the age of 21 225.21 years to use the person's driver's license, permit, or Minnesota 225.22 identification card to purchase or attempt to purchase an 225.23 alcoholic beverage. 225.24 Sec. 34. [169J.47] [SUSPENSION GENERALLY.] 225.25 Subdivision 1. [OFFENSES.] (a) The commissioner may 225.26 suspend a driver's license without preliminary hearing upon a 225.27 showing by department records or other sufficient evidence that 225.28 the licensee: 225.29 (1) has committed an offense for which mandatory revocation 225.30 of license is required upon conviction; 225.31 (2) has been convicted by a court for violating a provision 225.32 of the vehicle code or an ordinance regulating traffic, other 225.33 than a conviction for a petty misdemeanor or infraction, and 225.34 department records show that the violation contributed in 225.35 causing an accident resulting in the death or personal injury of 225.36 another, or serious property damage; 226.1 (3) is an habitually negligent driver of a motor vehicle; 226.2 (4) is an habitual violator of the traffic laws; 226.3 (5) is incompetent to drive a motor vehicle as determined 226.4 in a judicial proceeding; 226.5 (6) has permitted an unlawful or fraudulent use of the 226.6 license; 226.7 (7) has committed an offense in another state that, if 226.8 committed in this state, would be grounds for suspension; 226.9 (8) has committed a violation of section 169E.215 (second 226.10 degree misdemeanor school bus safety violation by other driver), 226.11 within five years of a prior conviction under that section; 226.12 (9) has committed a violation of section 169J.61, except 226.13 that the commissioner may not suspend a person's driver's 226.14 license based solely on the fact that the person possessed a 226.15 fictitious or fraudulently altered Minnesota identification 226.16 card; 226.17 (10) has failed to respond to a traffic ticket as provided 226.18 in section 169A.49, subdivision 4; 226.19 (11) has failed to report a medical condition that, if 226.20 reported, would have resulted in cancellation of driving 226.21 privileges; or 226.22 (12) has been found to have committed an offense under 226.23 section 169B.61, subdivision 1 (underage drinking and driving). 226.24 (b) However, an action taken by the commissioner under 226.25 paragraph (a), clause (2) or (5), must conform to the court's 226.26 recommendation when made in connection with the prosecution of 226.27 the licensee. 226.28 Subd. 2. [NOTICE.] The department may not suspend a 226.29 driver's license until 14 days after the date on which the 226.30 department mails to the licensee a written notice of the 226.31 department's intent to suspend the license, addressed to the 226.32 licensee at the licensee's last known address, with postage 226.33 prepaid. Suspension of a driver's license shall take effect 226.34 immediately upon a finding by the commissioner, based on 226.35 department records or other sufficient evidence, that a delay in 226.36 the effectiveness of the suspension poses a threat to public 227.1 safety. The department shall immediately notify the licensee of 227.2 the suspension by mail, addressed to the licensee's last known 227.3 address, with postage prepaid. 227.4 Subd. 3. [HEARING.] (a) The licensee may request, in 227.5 writing, a hearing. Within 20 days after receiving the request, 227.6 the department shall afford the requesting licensee an 227.7 opportunity for a hearing in the county where the licensee 227.8 resides, unless the department and the licensee agree that the 227.9 hearing may be held in another county. 227.10 (b) For the hearing, the commissioner may administer oaths 227.11 and issue subpoenas for the attendance of witnesses and the 227.12 production of relevant books and papers, and may require a 227.13 reexamination of the licensee. 227.14 (c) Following the hearing, the department shall either 227.15 rescind its order of suspension or, for good cause shown, may 227.16 extend the suspension of the license or revoke the license. 227.17 (d) The department shall not suspend a license for a period 227.18 of more than one year. 227.19 Sec. 35. [169J.49] [RESIDENT DRIVING PRIVILEGE.] 227.20 After revoking or suspending a Minnesota resident's 227.21 driver's license because of a conviction in another state, the 227.22 commissioner shall notify the other state when the commissioner 227.23 reinstates the driver's license or issues a new license. 227.24 Sec. 36. [169J.51] [SUSPENSION; UNINSURED VEHICLE.] 227.25 Subdivision 1. [COPY OF JUDGMENT TO COMMISSIONER.] (a) If 227.26 a person fails within 30 days to satisfy a judgment, as defined 227.27 in section 169A.05, the court administrator, upon the judgment 227.28 creditor's affidavit that the judgment has not been satisfied, 227.29 shall immediately forward to the commissioner a certified copy 227.30 of the judgment and affidavit of identification. 227.31 (b) If the judgment debtor named in a certified copy of a 227.32 judgment reported to the commissioner is a nonresident, the 227.33 commissioner shall transmit a certified copy of the judgment to 227.34 the official in charge of issuing driver's licenses of the state 227.35 in which the judgment debtor resides. 227.36 Subd. 2. [CONDITIONS.] (a) The commissioner, upon 228.1 receiving a certified copy of a judgment, shall suspend the 228.2 license or the nonresident's operating privilege, of the person 228.3 against whom judgment was rendered if: 228.4 (1) at the time of the accident the person did not maintain 228.5 the reparation security required by section 65B.48; and 228.6 (2) the judgment has not been satisfied. 228.7 (b) Suspensions under this section are subject to the 228.8 notice requirements of section 169J.47, subdivision 2. 228.9 Subd. 3. [DURATION.] A license or nonresident's operating 228.10 privilege shall remain suspended and shall not be renewed, nor 228.11 shall a license be thereafter issued to the person until every 228.12 judgment is satisfied in full, or has expired, or to the extent 228.13 hereinafter provided. 228.14 Subd. 4. [STATEMENTS.] (a) A person whose license or 228.15 nonresident's operating privilege has been suspended or has 228.16 become subject to suspension because of an unsatisfied judgment 228.17 may be relieved of the suspension by filing with the 228.18 commissioner an affidavit stating: 228.19 (1) that at the time of the accident giving rise to the 228.20 judgment the person was insured; 228.21 (2) that the insurer is liable for the judgment; and 228.22 (3) the reason, if known, why the judgment has not been 228.23 paid. 228.24 (b) The affidavit shall be accompanied by a copy of the 228.25 insurance policy and other documents the commissioner requires 228.26 to show that the loss, injury, or damage giving rise to the 228.27 judgment was covered by the policy. 228.28 (c) If satisfied that the insurer was authorized to issue 228.29 the policy and is liable for the judgment, at least to the 228.30 extent and for the amounts required in this chapter, the 228.31 commissioner: 228.32 (1) shall not suspend the license; or 228.33 (2) shall reinstate the license if already suspended. 228.34 Sec. 37. [169J.53] [SATISFACTION OF JUDGMENT.] 228.35 Subdivision 1. [REQUIREMENTS.] For the purposes of 228.36 sections 169J.51 to 169J.54, a judgment is satisfied if: 229.1 (a) $25,000 has been credited upon any judgment or 229.2 judgments rendered exceeding that amount because of bodily 229.3 injury to or death of one person as the result of any one 229.4 accident; 229.5 (b) subject to the limit of $25,000 because of bodily 229.6 injury to or death of one person, the sum of $50,000 has been 229.7 credited upon any judgment or judgments rendered exceeding that 229.8 amount because of bodily injury to or death of two or more 229.9 persons as the result of any one accident; or 229.10 (c) $10,000 has been credited upon any judgment or 229.11 judgments rendered exceeding that amount because of damage to or 229.12 destruction of property of others as a result of any one 229.13 accident. 229.14 Subd. 2. [OTHER PAYMENTS CREDITED.] Payments made in 229.15 settlement of claims because of bodily injury, death, or 229.16 property damage arising from a motor vehicle accident shall be 229.17 credited in reduction of the amounts provided for in this 229.18 section. 229.19 Sec. 38. [169J.54] [INSTALLMENT PAYMENTS.] 229.20 Subdivision 1. [AUTHORIZATION.] A judgment debtor upon due 229.21 notice to the judgment creditor may apply to the court in which 229.22 the judgment was rendered for the privilege of paying the 229.23 judgment in installments. The court, in its discretion and 229.24 without prejudice to any other legal remedies that the judgment 229.25 creditor may have, may so order and fix the amounts and times of 229.26 payments of the installments. 229.27 Subd. 2. [STAY OF SUSPENSION.] The commissioner shall not 229.28 suspend a license or a nonresident's operating privilege if the 229.29 judgment debtor gives proof of maintaining the reparation 229.30 security required by section 65B.48, obtains an order or makes a 229.31 written agreement with the judgment creditor permitting the 229.32 payment of the judgment in installments, and does not default on 229.33 the payment of any installment. 229.34 Subd. 3. [TERMINATION OF STAY.] If the judgment debtor 229.35 fails to pay any installment as specified by an order or 229.36 agreement, then upon notice of default, the commissioner shall 230.1 forthwith suspend the judgment debtor's license or nonresident's 230.2 operating privilege until the judgment is satisfied. 230.3 Sec. 39. [169J.55] [COSTS PAID FROM TRUNK HIGHWAY FUND.] 230.4 All costs incurred by the commissioner in carrying out the 230.5 provisions of sections 169J.51 to 169J.54 shall be paid from the 230.6 trunk highway fund. 230.7 Sec. 40. [169J.56] [SUSPENSION; NONPAYMENT OF SUPPORT.] 230.8 Subdivision 1. [SUSPENSION.] The commissioner shall 230.9 suspend a person's driver's license or operating privileges 230.10 without a hearing upon receiving a court order or notice from a 230.11 public authority responsible for child support enforcement that 230.12 states that the driver: 230.13 (a) is in arrears in court-ordered child support or 230.14 maintenance payments, or both, in an amount equal to or greater 230.15 than three times the obligor's total monthly support and 230.16 maintenance payments; and 230.17 (b) is not in compliance with a written payment agreement 230.18 regarding both current support and arrearages approved by a 230.19 court, an administrative law judge, or the public authority 230.20 responsible for child support enforcement, pursuant to section 230.21 518.551, subdivision 13. 230.22 Subd. 2. [NOTICE.] Upon suspending a driver's license or 230.23 operating privileges under this section, the department shall 230.24 immediately notify the licensee, in writing, by mailing a notice 230.25 addressed to the licensee at the licensee's last known address. 230.26 Subd. 3. [DURATION.] A license or operating privilege must 230.27 remain suspended and may not be reinstated, nor may a license be 230.28 subsequently issued to the person, until the commissioner 230.29 receives notice from the court, an administrative law judge, or 230.30 public authority responsible for child support enforcement that 230.31 the person is in compliance with all current orders of support 230.32 or written payment agreements regarding both current support and 230.33 arrearages. A fee may not be assessed for reinstating a license 230.34 under this section. 230.35 Sec. 41. [169J.57] [PETITION FOR LICENSE REINSTATEMENT.] 230.36 Subdivision 1. [PETITION.] Any person whose driver's 231.1 license has been refused, revoked, suspended, or canceled by the 231.2 commissioner, except where the license is revoked under section 231.3 169B.35 (refusal to test or excessive concentration), may file a 231.4 petition for a hearing in the matter in the district court in 231.5 the county wherein the person resides and, in the case of a 231.6 nonresident, in the district court in any county. 231.7 Subd. 2. [HEARING.] The court shall set the matter for 231.8 hearing upon 15 days' written notice to the commissioner, and 231.9 thereupon take testimony and examine into the facts of the case 231.10 to determine whether the petitioner is entitled to a license or 231.11 is subject to revocation, suspension, cancellation, or refusal 231.12 of license. The court shall hear the petition without a jury. 231.13 The commissioner may appear in person, or by agents or 231.14 representatives, and may present evidence upon the hearing by 231.15 affidavit personally, by agents, or by representatives. The 231.16 petitioner may present evidence by affidavit, but must be 231.17 present at the hearing for the purpose of cross-examination. 231.18 Subd. 3. [DETERMINATION.] The court shall render judgment 231.19 according to the evidence. If the court sustains the 231.20 department, the petitioner may not further petition any court 231.21 for the purpose of obtaining a driver's license until one year 231.22 after the date of the hearing. 231.23 Sec. 42. [169J.58] [REQUIREMENTS FOR REINSTATEMENT.] 231.24 Subdivision 1. [REINSTATEMENT FEE.] A person whose 231.25 driver's license has been suspended under section 169J.36, 231.26 subdivision 2; 169J.47, except subdivision 1, paragraph (a), 231.27 clause (10); or 169J.51, or who has been disqualified from 231.28 holding a commercial driver's license under section 169J.37, 231.29 must pay a $20 fee before the license is reinstated. When this 231.30 fee is collected by a county-operated office of deputy 231.31 registrar, a $3.50 handling charge is imposed. The handling 231.32 charge must be deposited in the treasury of the place for which 231.33 the deputy registrar was appointed and the $20 reinstatement fee 231.34 must be deposited in an approved state depository as directed 231.35 under section 168.33, subdivision 2. A suspension may be 231.36 rescinded without fee for good cause. 232.1 Subd. 2. [DRIVER IMPROVEMENT CLINIC.] The commissioner may 232.2 require, before reissuing a license that has been revoked or 232.3 suspended, that the licensee complete a course of study at an 232.4 approved driver improvement clinic. The commissioner may not 232.5 require the licensee to complete such a course unless an 232.6 approved driver improvement clinic is located within 35 miles of 232.7 the licensee's residence. 232.8 Sec. 43. [169J.59] [COPIES OF RECORDS AS EVIDENCE.] 232.9 Copies of any of the department's files or records 232.10 certified by the commissioner as true copies shall be received 232.11 in evidence in any court in this state with the same force and 232.12 effect as the originals. 232.13 UNLAWFUL ACTS 232.14 Sec. 44. [169J.61] [UNLAWFUL ACTS REGARDING DRIVER'S 232.15 LICENSE.] 232.16 Subdivision 1. [COUNTERFEITING LICENSE.] It is unlawful 232.17 for any person to: 232.18 (a) make a counterfeit driver's license, including a 232.19 commercial driver's license; or 232.20 (b) make a counterfeit Minnesota identification card. 232.21 Subd. 2. [FRAUDULENT CONDUCT REGARDING LICENSE.] With 232.22 regard to any driver's license, including a commercial driver's 232.23 license, it is unlawful for any person to: 232.24 (a) display, cause, or permit to be displayed, or have in 232.25 possession, any fictitious or fraudulently altered driver's 232.26 license or Minnesota identification card; 232.27 (b) alter any driver's license or Minnesota identification 232.28 card; 232.29 (c) take any part of the driver's license examination for 232.30 another or to permit another to take the examination for that 232.31 person; or 232.32 (d) give another person's name and date of birth to any 232.33 peace officer for the purpose of falsely identifying oneself to 232.34 the peace officer. 232.35 Subd. 3. [OTHER UNLAWFUL CONDUCT.] With regard to any 232.36 driver's license, including a commercial driver's license, it is 233.1 unlawful for any person to: 233.2 (a) lend the person's driver's license or Minnesota 233.3 identification card to any other person or knowingly permit its 233.4 use by another; 233.5 (b) display or represent as one's own any driver's license 233.6 or Minnesota identification card not issued to that person; 233.7 (c) use a fictitious name or date of birth to any peace 233.8 officer or in any application for a driver's license or 233.9 Minnesota identification card; 233.10 (d) knowingly make a false statement, knowingly conceal a 233.11 material fact, or otherwise commit a fraud in any application 233.12 for a driver's license or Minnesota identification card; or 233.13 (e) display as a valid driver's license any canceled, 233.14 revoked, or suspended driver's license. A person whose driving 233.15 privileges have been withdrawn may display a driver's license 233.16 only for identification purposes. 233.17 Sec. 45. [169J.613] [GROSS MISDEMEANOR ACTS REGARDING 233.18 DRIVER'S LICENSE.] 233.19 Any person who violates section 169J.61, subdivision 1, is 233.20 guilty of a gross misdemeanor. 233.21 Sec. 46. [169J.615] [FIRST DEGREE MISDEMEANOR ACTS 233.22 REGARDING DRIVER'S LICENSE.] 233.23 Any person who violates section 169J.61, subdivision 2, is 233.24 guilty of a first degree misdemeanor. 233.25 Sec. 47. [169J.617] [SECOND DEGREE MISDEMEANOR ACTS 233.26 REGARDING DRIVER'S LICENSE.] 233.27 Any person who violates section 169J.61, subdivision 3, is 233.28 guilty of a second degree misdemeanor. 233.29 Sec. 48. [169J.63] [RENTING VEHICLE TO UNLICENSED DRIVER.] 233.30 No person shall rent or lease a motor vehicle to any other 233.31 person unless that person is then duly licensed under this 233.32 chapter, or, in the case of a nonresident, duly licensed under 233.33 the law of the state or country of residence unless the 233.34 nonresident's home state or country does not require the driver 233.35 to be licensed. 233.36 Sec. 49. [169J.65] [VIOLATIONS; DRIVING AFTER WITHDRAWAL 234.1 OF DRIVING PRIVILEGES.] 234.2 Subdivision 1. [DRIVING AFTER SUSPENSION.] A person 234.3 commits an unlawful act if: 234.4 (a) the person's driver's license or driving privilege has 234.5 been suspended; 234.6 (b) the person has been given notice of or reasonably 234.7 should know of the suspension; and 234.8 (c) the person disobeys the order of suspension by 234.9 operating in this state any motor vehicle, the operation of 234.10 which requires a driver's license, while the person's license or 234.11 privilege is suspended. 234.12 Subd. 2. [DRIVING AFTER REVOCATION.] A person commits an 234.13 unlawful act if: 234.14 (a) the person's driver's license or driving privilege has 234.15 been revoked; 234.16 (b) the person has been given notice of or reasonably 234.17 should know of the revocation; and 234.18 (c) the person disobeys the order of revocation by 234.19 operating in this state any motor vehicle, the operation of 234.20 which requires a driver's license, while the person's license or 234.21 privilege is revoked. 234.22 Subd. 3. [DRIVING AFTER CANCELLATION.] A person commits an 234.23 unlawful act if: 234.24 (a) the person's driver's license or driving privilege has 234.25 been canceled; 234.26 (b) the person has been given notice of or reasonably 234.27 should know of the cancellation; and 234.28 (c) the person disobeys the order of cancellation by 234.29 operating in this state any motor vehicle, the operation of 234.30 which requires a driver's license, while the person's license or 234.31 privilege is canceled. 234.32 Subd. 4. [DRIVING AFTER DISQUALIFICATION.] A person 234.33 commits an unlawful act if the person: 234.34 (a) has been disqualified from holding a commercial 234.35 driver's license or from operating a commercial motor vehicle; 234.36 (b) has been given notice of or reasonably should know of 235.1 the disqualification; and 235.2 (c) disobeys the order of disqualification by operating in 235.3 this state a commercial motor vehicle while the person is 235.4 disqualified to hold the license or privilege. 235.5 Subd. 5. [DRIVING AFTER CANCELLATION OR DENIAL AS INIMICAL 235.6 TO PUBLIC SAFETY.] A person commits an unlawful act if: 235.7 (a) the person's driver's license or driving privilege has 235.8 been canceled or denied under section 169J.05, subdivision 1, 235.9 paragraph (j); 235.10 (b) the person has been given notice of or reasonably 235.11 should know of the cancellation or denial; and 235.12 (c) the person disobeys the order of cancellation or denial 235.13 by operating in this state any motor vehicle, the operation of 235.14 which requires a driver's license, while the person's license or 235.15 privilege is canceled or denied. 235.16 Subd. 6. [SUFFICIENCY OF NOTICE.] (a) Notice of 235.17 revocation, suspension, cancellation, or disqualification is 235.18 sufficient if personally served, or if mailed by first class 235.19 mail to the person's last known address or to the address listed 235.20 on the person's driver's license. Notice is also sufficient if 235.21 the person was informed that revocation, suspension, 235.22 cancellation, or disqualification would be imposed upon a 235.23 condition occurring or failing to occur, and where the condition 235.24 has in fact occurred or failed to occur. 235.25 (b) It is not a defense that a person failed to file a 235.26 change of address with the post office, or failed to notify the 235.27 department of public safety of a change of name or address as 235.28 required under section 169J.27. 235.29 Subd. 7. [NO OPERATION UNTIL REINSTATEMENT.] (a) A 235.30 resident or nonresident whose driver's license or privilege to 235.31 operate a motor vehicle in this state has been suspended, 235.32 revoked, or canceled, shall not operate a motor vehicle in this 235.33 state under license, permit, or registration certificate issued 235.34 by another jurisdiction or otherwise during the suspension, or 235.35 after the revocation until Minnesota driving privileges are 235.36 reinstated. 236.1 (b) A resident or nonresident who has been disqualified 236.2 from holding a commercial driver's license or been denied the 236.3 privilege to operate a commercial motor vehicle in this state 236.4 shall not operate a commercial motor vehicle in this state under 236.5 license, permit, or registration certificate issued by any other 236.6 jurisdiction or otherwise during the disqualification period 236.7 until Minnesota commercial driving privileges are reinstated. 236.8 Subd. 8. [DRIVING AFTER EXPIRATION.] A person commits an 236.9 unlawful act if the person operates within this state any motor 236.10 vehicle, the operation of which requires a driver's license, 236.11 after the person's driver's license has expired as provided in 236.12 section 169J.71. 236.13 Sec. 50. [169J.653] [GROSS MISDEMEANOR DRIVING AFTER 236.14 CANCELLATION OR DENIAL AS INIMICAL TO PUBLIC SAFETY.] 236.15 Subdivision 1. [PENALTY.] Any person who violates section 236.16 169J.65, subdivision 5, is guilty of a gross misdemeanor. 236.17 Subd. 2. [PROSECUTION.] The attorney in the jurisdiction 236.18 in which the violation occurred who is responsible for 236.19 prosecution of misdemeanor violations of section 169J.65 is also 236.20 responsible for prosecution of gross misdemeanor violations 236.21 thereof. 236.22 Sec. 51. [169J.655] [FIRST DEGREE MISDEMEANOR DRIVING 236.23 AFTER DISQUALIFICATION.] 236.24 Any person who violates section 169J.65, subdivision 4, is 236.25 guilty of a first degree misdemeanor. 236.26 Sec. 52. [169J.657] [SECOND DEGREE MISDEMEANOR DRIVING 236.27 AFTER REVOCATION OR CANCELLATION.] 236.28 Any person who violates section 169J.65, subdivision 2 or 236.29 3, is guilty of a second degree misdemeanor. 236.30 Sec. 53. [169J.658] [THIRD DEGREE MISDEMEANOR DRIVING 236.31 AFTER SUSPENSION.] 236.32 A person who violates section 169J.65, subdivision 1, is 236.33 guilty of a third degree misdemeanor if the violation is 236.34 committed within three years after a previous conviction under 236.35 section 169J.03 or 169J.65. 236.36 Sec. 54. [169J.659] [INFRACTION DRIVING AFTER SUSPENSION 237.1 OR EXPIRATION.] 237.2 Subdivision 1. [PENALTY.] A person is guilty of an 237.3 infraction if: 237.4 (a) except as provided in section 169J.658, the person 237.5 violates section 169J.65, subdivision 1; or 237.6 (b) the person violates section 169J.65, subdivision 8. 237.7 Subd. 2. [ADMINISTRATIVE SANCTIONS FOR DRIVING AFTER 237.8 SUSPENSION.] If, when the commissioner receives notification of 237.9 the conviction under subdivision 1, paragraph (a), the person's 237.10 license has been reinstated no additional withdrawal of driving 237.11 privileges shall result from the conviction. If the person's 237.12 license is still under suspension when the commissioner receives 237.13 notification of the conviction under subdivision 1, paragraph 237.14 (a), the commissioner shall issue a notice of suspension as 237.15 provided for under section 169J.47 and the rules issued by the 237.16 commissioner. If within the time period provided for in section 237.17 169J.47 the person satisfies all requirements for reinstatement 237.18 of the person's driver's license, then the notice of suspension 237.19 shall be withdrawn and no additional withdrawal of license 237.20 privileges shall result from the conviction. 237.21 ENFORCEMENT 237.22 Sec. 55. [169J.67] [ENFORCEMENT; DELEGATION OF AUTHORITY.] 237.23 The commissioner shall be charged with the responsibility 237.24 for the administration and execution of this chapter. Any 237.25 duties required of or powers conferred on the commissioner under 237.26 the provisions of this chapter may be performed or exercised by 237.27 duly authorized agents. 237.28 Sec. 56. [169J.69] [MONEY CREDITED TO FUND.] 237.29 All money received under this chapter must be paid into the 237.30 state treasury and credited to the trunk highway fund, except as 237.31 provided in sections 169J.13, subdivision 3 (two-wheeled vehicle 237.32 endorsement); 169J.15, subdivision 14, paragraph (g) (designated 237.33 parent identifier); 169J.29, subdivision 9 (request for 237.34 information); and 169J.73, subdivision 2, paragraph (b) 237.35 (driver's license reinstatement). 237.36 Sec. 57. [169J.71] [EXPIRATION OF LICENSE.] 238.1 Subdivision 1. [GENERALLY.] The expiration date for each 238.2 driver's license, other than under-21 licenses, is the driver's 238.3 birthday in the fourth year following the date of the license's 238.4 issuance. The driver's birthday shall be as indicated on the 238.5 application for a driver's license. A license may be renewed on 238.6 or before expiration or within one year after expiration upon 238.7 application, payment of the required fee, and passing the 238.8 examination required of all drivers for renewal. Driving 238.9 privileges shall be extended or renewed on or preceding the 238.10 expiration date of an existing driver's license unless the 238.11 commissioner believes that the licensee is no longer qualified 238.12 as a driver. 238.13 Subd. 2. [UNDER-21 LICENSE.] The expiration date for each 238.14 under-21 license shall be the licensee's 21st birthday. Upon 238.15 the licensee attaining the age of 21 and upon the application, 238.16 payment of the required fee, and passing the examination 238.17 required of all drivers for renewal, a driver's license shall be 238.18 issued unless the commissioner determines that the licensee is 238.19 no longer qualified as a driver. 238.20 Subd. 3. [MEMBER OF ARMED FORCES OR SPOUSE.] Any valid 238.21 Minnesota driver's license issued to a person then or 238.22 subsequently on active duty with the Armed Forces of the United 238.23 States, or the person's spouse, shall continue in full force and 238.24 effect without requirement for renewal until 90 days after the 238.25 person's discharge from that duty. However, a spouse's license 238.26 must be renewed: 238.27 (a) if the spouse resides within the state when the license 238.28 expires; or 238.29 (b) within 90 days after the spouse returns to Minnesota 238.30 and resides within the state. 238.31 Sec. 58. [169J.73] [REVOKED LICENSE; EXAMINATION FOR NEW 238.32 LICENSE.] 238.33 Subdivision 1. [EXAMINATION REQUIRED.] No person whose 238.34 driver's license has been revoked because of conviction, plea of 238.35 guilty, or forfeiture of bail not vacated, under section 169I.11 238.36 (failure to insure) or 169J.41 (certain convictions), or revoked 239.1 under section 169B.35 (refusal to test or excessive 239.2 concentration) or 169I.21 (failure to insure) shall be issued 239.3 another license until that person shall have successfully passed 239.4 an examination as required by the commissioner. 239.5 Subd. 2. [FEES, ALLOCATION.] (a) A person whose driver's 239.6 license has been revoked as provided in subdivision 1, except 239.7 under section 169B.31 (driver-under-influence or refusal-to-test 239.8 conviction) or 169B.35 (refusal to test or excessive 239.9 concentration), shall pay a $30 fee before the driver's license 239.10 is reinstated. 239.11 (b) A person whose driver's license has been revoked as 239.12 provided in subdivision 1 under section 169B.31 or 169B.35 shall 239.13 pay a $250 fee plus a $10 surcharge before the driver's license 239.14 is reinstated. The $250 fee shall be credited as follows: 239.15 (1) Twenty percent to the trunk highway fund. 239.16 (2) Fifty-five percent to the general fund. 239.17 (3) Eight percent to a separate account to be known as the 239.18 bureau of criminal apprehension account. Money in this account 239.19 may be appropriated to the commissioner of public safety and the 239.20 appropriated amount shall be apportioned 80 percent for 239.21 laboratory costs and 20 percent for carrying out the provisions 239.22 of section 299C.065. 239.23 (4) Twelve percent to a separate account to be known as the 239.24 alcohol-impaired driver education account. Money in the account 239.25 may be appropriated to the commissioner of children, families, 239.26 and learning for programs in elementary and secondary schools. 239.27 (5) Five percent to a separate account to be known as the 239.28 traumatic brain injury and spinal cord injury account. $100,000 239.29 is annually appropriated from the account to the commissioner of 239.30 human services for traumatic brain injury case management 239.31 services. The remaining money in the account is annually 239.32 appropriated to the commissioner of health to establish and 239.33 maintain the traumatic brain injury and spinal cord injury 239.34 registry created in section 144.662 and to reimburse the 239.35 commissioner of economic security for the reasonable cost of 239.36 services provided under section 268A.03, clause (o). 240.1 (c) The $10 surcharge shall be credited to a separate 240.2 account to be known as the remote electronic alcohol monitoring 240.3 pilot program account. Up to $250,000 is annually appropriated 240.4 from this account to the commissioner of corrections for a 240.5 remote electronic alcohol monitoring pilot program. The 240.6 unencumbered balance remaining in the first year of the biennium 240.7 does not cancel but is available for the second year. 240.8 Subd. 3. [COMPLIANCE WITH IMPOUNDMENT LAWS.] A person 240.9 whose license has been revoked under section 169B.31 240.10 (driver-under-influence or refusal-to-test conviction) or 240.11 169B.35 (refusal to test or excessive concentration) may not be 240.12 issued another license at the end of the revocation period 240.13 unless the person has complied with all applicable license plate 240.14 impoundment provisions of sections 169N.21 and 169N.23. 240.15 Sec. 59. [169J.75] [LIMITED LICENSE.] 240.16 Subdivision 1. [CONDITIONS OF ISSUANCE.] (a) In any case 240.17 where a person's license has been suspended under section 240.18 169J.46 or 169J.47, or revoked under section 169B.31 (driver- 240.19 under-influence or refusal-to-test conviction), 169B.35 (refusal 240.20 to test or excessive concentration), 169I.21 (failure to 240.21 insure), 169J.41 (certain convictions), or 169J.45 240.22 (controlled-substance conviction), the commissioner may issue a 240.23 limited license to the driver including under the following 240.24 conditions: 240.25 (1) if the driver's livelihood or attendance at a chemical 240.26 dependency treatment or counseling program depends upon the use 240.27 of the driver's license; 240.28 (2) if the use of a driver's license by a homemaker is 240.29 necessary to prevent the substantial disruption of the 240.30 education, medical, or nutritional needs of the homemaker's 240.31 family; or 240.32 (3) if attendance at a post-secondary institution of 240.33 education by an enrolled student of that institution depends 240.34 upon the use of the driver's license. 240.35 (b) The commissioner in issuing a limited license may 240.36 impose conditions and limitations that in the commissioner's 241.1 judgment are necessary to the interests of the public safety and 241.2 welfare including reexamination as to the driver's 241.3 qualifications. The license may be limited to the operation of 241.4 particular vehicles, to particular classes and times of 241.5 operation, and to particular conditions of traffic. The 241.6 commissioner may require that an applicant for a limited license 241.7 affirmatively demonstrate that use of public transportation or 241.8 carpooling as an alternative to a limited license would be a 241.9 significant hardship. 241.10 (c) The limited license issued by the commissioner shall 241.11 clearly indicate the limitations imposed and the driver 241.12 operating under the limited license shall have the license in 241.13 possession whenever operating as a driver. 241.14 (d) In determining whether to issue a limited license, the 241.15 commissioner shall consider the number and the seriousness of 241.16 prior convictions and the driver's entire driving record and 241.17 shall consider the number of miles driven by the driver annually. 241.18 (e) If the person's driver's license or permit to drive has 241.19 been revoked under section 169I.21, the commissioner may only 241.20 issue a limited license to the person after the person has 241.21 presented an insurance identification card, policy, or written 241.22 statement of coverage indicating that the driver or owner has 241.23 insurance coverage satisfactory to the commissioner. The 241.24 commissioner may require the insurance identification card 241.25 provided to satisfy this subdivision be certified by the 241.26 insurance company to be noncancelable for a period not to exceed 241.27 12 months. 241.28 Subd. 2. [60-DAY WAITING PERIOD.] A limited license shall 241.29 not be issued for a period of 60 days to an individual whose 241.30 license or privilege has been revoked or suspended for 241.31 commission of the following offenses: 241.32 (a) any felony in the commission of which a motor vehicle 241.33 was used; or 241.34 (b) failure to stop and disclose identity as required under 241.35 section 169C.51, in the event of a motor vehicle accident 241.36 resulting in the death or personal injury of another. 242.1 Subd. 3. [OTHER WAITING PERIODS.] Notwithstanding 242.2 subdivision 2, a limited license shall not be issued for a 242.3 period of: 242.4 (a) 15 days, to a person whose license or privilege has 242.5 been revoked or suspended for a violation of section 169B.11 242.6 (driver under influence) or 169B.41 (refusal to test), or a 242.7 statute or ordinance from another state in conformity with 242.8 either of those sections; 242.9 (b) 90 days, to a person who submitted to testing under 242.10 section 169B.21 if the person's license or privilege has been 242.11 revoked or suspended for a second or subsequent violation of 242.12 section 169B.11 or 169B.41, or a statute or ordinance from 242.13 another state in conformity with either of those sections; 242.14 (c) 180 days, to a person who refused testing under section 242.15 169B.21 if the person's license or privilege has been revoked or 242.16 suspended for a second or subsequent violation of section 242.17 169B.11 or 169B.41, or a statute or ordinance from another state 242.18 in conformity with either of those sections; or 242.19 (d) one year, to a person whose license or privilege has 242.20 been revoked or suspended for committing manslaughter resulting 242.21 from the operation of a motor vehicle, committing criminal 242.22 vehicular homicide or injury under sections 169B.111 to 242.23 169B.115, paragraph (a), or 169C.111 to 169C.115, paragraph (a), 242.24 or violating a statute or ordinance from another state in 242.25 conformity with either of those offenses. 242.26 Subd. 4. [WAITING PERIOD FOR YOUTH UNDER 18.] If a person 242.27 whose driver's license was suspended or revoked for a violation 242.28 listed under subdivision 2 or 3 is under the age of 18 years at 242.29 the time of that violation, the commissioner shall not issue a 242.30 limited license to the person for a period of time that is the 242.31 longer of: 242.32 (a) 90 days; or 242.33 (b) twice the length of the period specified for that 242.34 violation in subdivision 2 or 3. 242.35 Subd. 5. [CONDITIONS ON ISSUANCE.] The commissioner shall 242.36 issue a limited license restricted to the vehicles whose 243.1 operation is permitted only under a class A, class B, or class C 243.2 license whenever a class A, class B, or class C license has been 243.3 suspended under section 169J.47, or revoked under section 243.4 169J.41, for violation of the vehicle code committed in a 243.5 private passenger motor vehicle. This subdivision shall not 243.6 apply to any persons described in section 169J.05, subdivision 243.7 1, paragraphs (f), (g), (h), (j), (k), and (n), or any person 243.8 whose license or privilege has been suspended or revoked for a 243.9 violation of section 169B.11 (driver under influence) or 169B.41 243.10 (refusal to test), or a statute or ordinance from another state 243.11 in conformity with either of those sections. 243.12 Subd. 6. [UNLAWFUL ACTS.] A person who violates a 243.13 condition or limitation of a limited license issued under 243.14 subdivision 1 or fails to have the license in immediate 243.15 possession when operating a motor vehicle commits an unlawful 243.16 act. 243.17 Subd. 7. [ADDITIONAL SUSPENSION.] A person who violates a 243.18 condition or limitation of a limited license may not operate a 243.19 motor vehicle for the remainder of the period of any suspension 243.20 or revocation, or 30 days, whichever is longer. 243.21 Sec. 60. [169J.755] [SECOND DEGREE MISDEMEANOR VIOLATION 243.22 OF LIMITED LICENSE.] 243.23 Whoever violates section 169J.75, subdivision 6, is guilty 243.24 of a second degree misdemeanor. 243.25 Sec. 61. [169J.77] [LICENSE VIOLATIONS; CONSECUTIVE 243.26 SENTENCING.] 243.27 The court may impose consecutive sentences for offenses 243.28 arising out of a single course of conduct as permitted in 243.29 section 169A.25 when sentencing an offender for violating: 243.30 (a) section 169J.65 (driving after withdrawal of driving 243.31 privileges); or 243.32 (b) section 169J.75 (violation of limited license). 243.33 Sec. 62. [169J.79] [PERSONS RECEIVING BENEFITS FOR 243.34 BLINDNESS, DISCOVERY AND USE OF INFORMATION.] 243.35 Subdivision 1. [DISCOVERY OF INFORMATION.] The 243.36 commissioner, to promote highway safety by restricting driving 244.1 privileges to those persons meeting accepted visual acuity 244.2 standards, may request and shall receive information concerning 244.3 the identity and whereabouts of any person who has applied for 244.4 or received any type of welfare, licensing, or other benefits 244.5 for the blind or nearly blind, from the records of all 244.6 departments, boards, bureaus, or other agencies of this state 244.7 except the department of revenue. The agency shall provide the 244.8 information notwithstanding the provisions of section 268.12, 244.9 subdivision 12, or any other existing law or rule to the 244.10 contrary, except that section 270B.02, subdivision 1, prohibits 244.11 disclosure of information by the commissioner of revenue. 244.12 Subd. 2. [ACTIONS BY COMMISSIONER.] The commissioner upon 244.13 receiving information under subdivision 1 shall take such action 244.14 as the commissioner deems necessary to ensure that the person 244.15 meets the accepted visual acuity standards required of all 244.16 driver's license applicants and such further action as required 244.17 by law or rule. The driver's license of any person who has been 244.18 classified as legally blind shall be immediately canceled. 244.19 Subd. 3. [VISUAL ACUITY EXAMINATION.] Any person who is 244.20 notified that the person's driver's license may be canceled 244.21 because of a defect of visual acuity pursuant to the provisions 244.22 of this section may demand and shall receive the standard visual 244.23 acuity examination required of all driver's license applicants, 244.24 or may be examined by a qualified physician of the person's 244.25 choice. 244.26 Subd. 4. [USE OF EXAMINATION DATA.] The results of any 244.27 visual acuity examination administered because of information 244.28 received pursuant to this section may be communicated by the 244.29 commissioner to the department from which the person received a 244.30 benefit. The information received by the commissioner pursuant 244.31 to this section must not be divulged or otherwise made known in 244.32 any manner except in connection with the cancellation of 244.33 drivers' licenses, and then only to the person whose license is 244.34 canceled, and except for statistical purposes that do not reveal 244.35 the identity of the individuals involved. The person's record 244.36 with respect to visual acuity shall be maintained in the same 245.1 manner as all other driver license records. 245.2 SCHOOL BUS DRIVERS 245.3 Sec. 63. [169J.81] [QUALIFICATIONS OF SCHOOL BUS DRIVERS.] 245.4 Subdivision 1. [ENDORSEMENT.] No person shall drive a 245.5 school bus when transporting school children to or from school 245.6 or upon a school-related trip or activity without having a valid 245.7 class A, class B, or class C driver's license with a school bus 245.8 endorsement except that a person possessing a valid driver's 245.9 license but not a school bus endorsement may drive a vehicle 245.10 with a seating capacity of ten or fewer persons used as a school 245.11 bus but not outwardly equipped or identified as a school bus. 245.12 Subd. 2. [RULES.] (a) The commissioner shall prescribe 245.13 rules governing the physical qualifications of school bus 245.14 drivers and tests required to obtain a school bus endorsement. 245.15 The rules must provide that an applicant for a school bus 245.16 endorsement or renewal is exempt from the physical 245.17 qualifications and medical examination required to operate a 245.18 school bus upon providing evidence of being medically examined 245.19 and certified within the preceding 24 months as physically 245.20 qualified to operate a commercial motor vehicle, pursuant to 245.21 Code of Federal Regulations, title 49, part 391, subpart E, or 245.22 rules of the commissioner of transportation incorporating those 245.23 federal regulations. 245.24 (b) The commissioner of public safety, in conjunction with 245.25 the commissioner of economic security, shall adopt a training 245.26 program for Head Start bus drivers. Adoption of this program is 245.27 not subject to chapter 14. The program must provide for initial 245.28 classroom and behind-the-wheel training, and annual in-service 245.29 training. The program must provide training in defensive 245.30 driving, human relations, emergency and accident procedures, 245.31 vehicle maintenance, traffic laws, and use of safety equipment. 245.32 The program must provide that the training will be conducted by: 245.33 (1) the contract operator for a Head Start agency, the Head 245.34 Start grantee, a licensed driver education school; or 245.35 (2) another person or entity approved by both commissioners. 245.36 Subd. 3. [STUDY OF APPLICANT.] (a) Before issuing or 246.1 renewing a school bus endorsement, the commissioner shall 246.2 conduct a criminal and driver's license records check of the 246.3 applicant. The commissioner may also conduct the check at any 246.4 time while a person is so licensed. The check shall consist of 246.5 a criminal records check of the state criminal records 246.6 repository and a check of the driver's license records system. 246.7 If the applicant has resided in Minnesota for less than five 246.8 years, the check shall also include a criminal records check of 246.9 information from the state law enforcement agencies in the 246.10 states where the person resided during the five years before 246.11 moving to Minnesota, and of the national criminal records 246.12 repository including the criminal justice data communications 246.13 network. The applicant's failure to cooperate with the 246.14 commissioner in conducting the records check is reasonable cause 246.15 to deny an application or cancel a school bus endorsement. The 246.16 commissioner may not release the results of the records check to 246.17 any person except the applicant. 246.18 (b) The commissioner may issue to an otherwise qualified 246.19 applicant a temporary school bus endorsement, effective for no 246.20 more than 120 days, upon presentation of (1) an affidavit by the 246.21 applicant that the applicant has not been convicted of a 246.22 disqualifying offense and (2) a criminal history check from each 246.23 state of residence for the previous five years. The criminal 246.24 history check may be conducted and prepared by any public or 246.25 private source acceptable to the commissioner. 246.26 Subd. 4. [TRAINING.] (a) No person shall drive a class A, 246.27 B, C, or D school bus when transporting school children to or 246.28 from school or upon a school-related trip or activity without 246.29 having demonstrated sufficient skills and knowledge to transport 246.30 students in a safe and legal manner. A bus driver must have 246.31 training or experience that allows the driver to meet at least 246.32 the following competencies: 246.33 (1) safely operate the type of school bus the driver will 246.34 be driving; 246.35 (2) understand student behavior, including issues relating 246.36 to students with disabilities; 247.1 (3) encourage orderly conduct of students on the bus and 247.2 handle incidents of misconduct appropriately; 247.3 (4) know and understand relevant laws, rules of the road, 247.4 and local school bus safety policies; 247.5 (5) handle emergency situations; and 247.6 (6) safely load and unload students. 247.7 (b) The commissioner of public safety, in conjunction with 247.8 the commissioner of children, families, and learning, shall 247.9 develop a comprehensive model school bus driver training program 247.10 and model assessments for school bus driver training 247.11 competencies. The program and assessment are not subject to 247.12 chapter 14. A school district may use alternative assessments 247.13 for bus driver training competencies with the approval of the 247.14 commissioner of public safety. 247.15 Subd. 5. [ANNUAL EVALUATION.] A school district's pupil 247.16 transportation safety director, the chief administrator of a 247.17 nonpublic school, or a private contractor shall certify annually 247.18 to the commissioner that, at minimum, each school bus driver 247.19 meets the school bus driver training competencies under 247.20 subdivision 4 and shall report the number of hours of in-service 247.21 training completed by each driver. A school district, nonpublic 247.22 school, or private contractor also shall provide in-service 247.23 training annually to each school bus driver. A district, 247.24 nonpublic school, or private contractor also shall check the 247.25 license of each person who transports students for the district 247.26 with the National Drivers Register or the department of public 247.27 safety annually. The school board must approve and forward the 247.28 competency certification and in-service report to the 247.29 commissioner. 247.30 Sec. 64. [169J.83] [CANCELING BUS ENDORSEMENTS FOR CERTAIN 247.31 OFFENSES.] 247.32 Subdivision 1. [CANCELLATION FOR DISQUALIFYING AND OTHER 247.33 OFFENSES.] (a) Within ten days after receiving notice under 247.34 section 631.40, subdivision 1a, or otherwise receiving notice 247.35 for a nonresident driver, that a school bus driver has been 247.36 convicted of a disqualifying offense, the commissioner shall 248.1 permanently cancel the school bus driver's endorsement on the 248.2 offender's driver's license and in the case of a nonresident, 248.3 the driver's privilege to operate a school bus in Minnesota. A 248.4 school bus driver whose endorsement or privilege to operate a 248.5 school bus in Minnesota has been permanently canceled may not 248.6 apply for reinstatement. 248.7 (b) Within ten days after receiving notice under section 248.8 631.40, subdivision 1a, or otherwise receiving notice for a 248.9 nonresident driver, that a school bus driver has been convicted 248.10 of a gross misdemeanor, or a violation of section 169B.11 248.11 (driver under influence), 169B.41 (refusal to test), or a 248.12 similar statute or ordinance from another state, and within ten 248.13 days after revoking a school bus driver's license under section 248.14 169B.35 (refusal to test or excessive concentration), the 248.15 commissioner shall cancel the school bus driver's endorsement on 248.16 the offender's driver's license or the nonresident's privilege 248.17 to operate a school bus in Minnesota for five years. After five 248.18 years, a school bus driver may apply to the commissioner for 248.19 reinstatement. Even after five years, cancellation of a school 248.20 bus driver's endorsement or a nonresident's privilege to operate 248.21 a school bus in Minnesota for a violation under section 169B.11, 248.22 169B.41, or a similar statute or ordinance from another state, 248.23 shall remain in effect until the driver provides proof of 248.24 successful completion of an alcohol or controlled substance 248.25 treatment program. For a first offense, proof of completion is 248.26 required only if treatment was ordered as part of a chemical use 248.27 assessment. Within ten days after receiving notice under 248.28 section 631.40, subdivision 1a, or otherwise receiving notice 248.29 for a nonresident driver, that a school bus driver has been 248.30 convicted of a fourth moving violation in the last three years, 248.31 the commissioner shall cancel the school bus driver's 248.32 endorsement on the offender's driver's license or the 248.33 nonresident's privilege to operate a school bus in Minnesota 248.34 until one year has elapsed since the last conviction. A school 248.35 bus driver who has no new convictions after one year may apply 248.36 for reinstatement. 249.1 (c) Upon canceling the offender's school bus driver's 249.2 endorsement, the commissioner shall immediately notify the 249.3 licensed offender of the cancellation in writing, by depositing 249.4 in the United States post office a notice addressed to the 249.5 licensed offender at the licensed offender's last known address, 249.6 with postage prepaid thereon. 249.7 Subd. 2. [CANCELLATION FOR CRIME AGAINST MINOR.] (a) The 249.8 commissioner shall permanently cancel the passenger endorsement 249.9 on a Head Start bus driver's license within ten days after 249.10 receiving notice that the driver has committed against a minor 249.11 victim that constitutes a violation of: 249.12 (1) section 169B.111 or 169C.111 (vehicular homicide); 249.13 (2) sections 609C.11 to 609C.155 (murder or manslaughter); 249.14 (3) sections 609C.211 to 609C.213 (first through third 249.15 degree felony assault); 249.16 (4) sections 609C.511 to 609C.517 (felony criminal sexual 249.17 conduct); 249.18 (5) section 609D.35 (soliciting child to engage in sexual 249.19 conduct); or 249.20 (6) a felony violation of section 609D.33 (maliciously 249.21 punishing child) or 609L.11 to 609L.17 (crimes related to 249.22 prostitution). 249.23 (b) Upon canceling the offender's passenger endorsement, 249.24 the commissioner shall immediately notify the licensed offender 249.25 of the cancellation in writing, by depositing in the United 249.26 States post office a notice addressed to the licensed offender 249.27 at the licensed offender's last known address, with postage 249.28 prepaid thereon. 249.29 Subd. 3. [BACKGROUND CHECK.] (a) Before issuing or 249.30 renewing a driver's license with a school bus driver's 249.31 endorsement, the commissioner shall conduct an investigation to 249.32 determine if: 249.33 (1) the applicant has been convicted of: 249.34 (i) a disqualifying offense; 249.35 (ii) four moving violations in the previous three years; 249.36 (iii) a violation of section 169B.11 (driver under 250.1 influence), 169B.41 (refusal to test), or a similar statute or 250.2 ordinance from another state; or 250.3 (iv) a gross misdemeanor; or 250.4 (2) the applicant's driver's license has been revoked under 250.5 section 169B.35 (refusal to test or excessive concentration). 250.6 (b) If the applicant has been convicted of a disqualifying 250.7 offense, the commissioner shall not issue a new bus driver's 250.8 endorsement or renew an existing bus driver's endorsement. 250.9 (c) The commissioner shall not issue a new bus driver's 250.10 endorsement or renew an existing bus driver's endorsement if: 250.11 (1) within the previous five years, the applicant has been 250.12 convicted of: 250.13 (i) a violation of section 169B.11, 169B.41, or a similar 250.14 statute or ordinance from another state; 250.15 (ii) a gross misdemeanor; or 250.16 (2) within the previous three years, the applicant has been 250.17 convicted of four moving violations; or 250.18 (3) the applicant's driver's license has been revoked under 250.19 section 169B.35. 250.20 (d) To receive a bus driver's endorsement, an applicant who 250.21 has been convicted of violating section 169B.11, 169B.41, or a 250.22 similar statute or ordinance from another state, or who has had 250.23 a license revocation under section 169B.35 within the previous 250.24 ten years must show proof of successful completion of an alcohol 250.25 or controlled substance treatment program. For a first offense, 250.26 proof of completion is required only if treatment was ordered as 250.27 part of a chemical use assessment. 250.28 (e) A school district or contractor that employs a 250.29 nonresident school bus driver must conduct a background check of 250.30 the employee's driving record and criminal history in both 250.31 Minnesota and the driver's state of residence. 250.32 (f) Convictions for disqualifying offenses, gross 250.33 misdemeanors, a fourth moving violation within the previous 250.34 three years, or violations of section 169B.11, 169B.41, or a 250.35 similar statute or ordinance in another state, must be reported 250.36 to the department of public safety. 251.1 Subd. 4. [WAIVER OF PERMANENT CANCELLATION.] The 251.2 commissioner, in consultation with the school bus safety 251.3 advisory committee, may waive the permanent cancellation 251.4 requirement of this section for a person convicted of a 251.5 nonfelony violation of chapter 609F (controlled substances) or a 251.6 felony that is not a violent crime under section 609A.07. 251.7 AGE LIMITS 251.8 Sec. 65. [169J.85] [AGE LIMIT FOR OPERATOR OF VEHICLE FOR 251.9 HIRE.] 251.10 No minor shall: 251.11 (a) operate a motor vehicle while it is in use as a carrier 251.12 of persons for hire; or 251.13 (b) drive a passenger-carrying vehicle as a hired driver. 251.14 ARTICLE 8 251.15 DRIVER LICENSE COMPACT 251.16 Section 1. [169K.11] [DRIVER LICENSE COMPACT.] 251.17 The driver license compact is enacted into law and entered 251.18 into with all other jurisdictions legally joining in it, in the 251.19 form substantially as follows: 251.20 DRIVER LICENSE COMPACT 251.21 ARTICLE I 251.22 Findings and Declaration of Policy 251.23 (a) The party states find that: 251.24 (1) The safety of their streets and highways is materially 251.25 affected by the degree of compliance with state and local 251.26 ordinances relating to the operation of motor vehicles. 251.27 (2) Violation of such a law or ordinance is evidence that 251.28 the violator engages in conduct which is likely to endanger the 251.29 safety of persons and property. 251.30 (3) The continuance in force of a license to drive is 251.31 predicated upon compliance with laws and ordinances relating to 251.32 the operation of motor vehicles, in whichever jurisdiction the 251.33 vehicle is operated. 251.34 (b) It is the policy of each of the party states to: 251.35 (1) Promote compliance with the laws, ordinances, and 251.36 administrative rules and regulations relating to the operation 252.1 of motor vehicles by their operators in each of the 252.2 jurisdictions where such operators drive motor vehicles. 252.3 (2) Make the reciprocal recognition of licenses to drive 252.4 and eligibility therefor more just and equitable by considering 252.5 the overall compliance with motor vehicle laws, ordinances, and 252.6 administrative rules and regulations as a condition precedent to 252.7 the continuance or issuance of any license by reason of which 252.8 the licensee is authorized or permitted to operate a motor 252.9 vehicle in any of the party states. 252.10 ARTICLE II 252.11 Definitions 252.12 As used in this compact: 252.13 (a) "State" means a state, territory, or possession of the 252.14 United States, the District of Columbia, or the Commonwealth of 252.15 Puerto Rico. 252.16 (b) "Home state" means the state which has issued and has 252.17 the power to suspend or revoke the use of the license or permit 252.18 to operate a motor vehicle. 252.19 (c) "Conviction" means a conviction of any offense related 252.20 to the use or operation of a motor vehicle which is prohibited 252.21 by state law, municipal ordinance, or administrative rule or 252.22 regulation, or a forfeiture of bail, bond, or other security 252.23 deposited to secure appearance by a person charged with having 252.24 committed any such offense, and which conviction or forfeiture 252.25 is required to be reported to the licensing authority. 252.26 ARTICLE III 252.27 Reports of Convictions 252.28 The licensing authority of a party state shall report each 252.29 conviction of a person from another party state occurring within 252.30 its jurisdiction to the licensing authority of the home state of 252.31 the licensee. Such report shall clearly identify the person 252.32 convicted; describe the violation specifying the section of the 252.33 statute, code, or ordinance violated; identify the court in 252.34 which action was taken; indicate whether a plea of guilty or not 252.35 guilty was entered, or the conviction was a result of the 252.36 forfeiture of bail, bond, or other security; and shall include 253.1 any special findings made in connection therewith. 253.2 ARTICLE IV 253.3 Effect of Conviction 253.4 (a) The licensing authority in the home state, for the 253.5 purposes of suspension, revocation, or limitation of the license 253.6 to operate a motor vehicle, shall give the same effect to the 253.7 conduct reported, pursuant to article III of this compact, as it 253.8 would if such conduct had occurred in the home state, in the 253.9 case of convictions for: 253.10 (1) manslaughter or negligent homicide resulting from the 253.11 operation of a motor vehicle; 253.12 (2) driving a motor vehicle while under the influence of 253.13 intoxicating liquor or narcotic drug, or under the influence of 253.14 any other drug to a degree which renders the driver incapable of 253.15 safely driving a motor vehicle; 253.16 (3) any felony in the commission of which a motor vehicle 253.17 is used; 253.18 (4) failure to stop and render aid in the event of a motor 253.19 vehicle accident resulting in the death or personal injury of 253.20 another. 253.21 (b) As to other convictions, reported pursuant to article 253.22 III, the licensing authority in the home state shall give such 253.23 effect to the conduct as provided by the laws of the home state. 253.24 (c) If the laws of a party state do not provide for 253.25 offenses or violations denominated or described in precisely the 253.26 words employed in subdivision (a) of this article, such party 253.27 state shall construe the denominations and descriptions 253.28 appearing in the subdivision (a) hereof as being applicable to 253.29 and identifying those offenses or violations of a substantially 253.30 similar nature and the laws of such party state shall contain 253.31 such provisions as may be necessary to ensure that full force 253.32 and effect is given to this article. 253.33 ARTICLE V 253.34 Applications for New Licenses 253.35 Upon application for a license to drive, the licensing 253.36 authority in a party state shall ascertain whether the applicant 254.1 has ever held, or is the holder of a license to drive issued by 254.2 any other party state. The licensing authority in the state 254.3 where application is made shall not issue a license to drive to 254.4 he applicant if: 254.5 (1) The applicant has held such a license, but the same has 254.6 been suspended by reason, in whole or in part, of a violation 254.7 and if such suspension period has not terminated. 254.8 (2) The applicant has held such a license, but the same has 254.9 been revoked by reason, in whole or in part, of a violation and 254.10 if such revocation has not terminated, except that after the 254.11 expiration of one year from the date the license was revoked, 254.12 such person may make application for a new license if permitted 254.13 by law. The licensing authority may refuse to issue a license 254.14 to any such applicant if, after investigation, the licensing 254.15 authority determines that it will not be safe to grant to such 254.16 person the privilege of driving a motor vehicle on the public 254.17 highways. 254.18 (3) The applicant is the holder of a license to drive 254.19 issued by another party state and currently in force unless the 254.20 applicant surrenders such license. 254.21 ARTICLE VI 254.22 Applicability of Other Laws 254.23 Except as expressly required by provisions of this compact, 254.24 nothing contained herein shall be construed to affect the right 254.25 of any party state to apply any of its other laws relating to 254.26 licenses to drive to any person or circumstance, nor to 254.27 invalidate or prevent any driver license agreement or other 254.28 cooperative arrangement between a party state and a nonparty 254.29 state. 254.30 ARTICLE VII 254.31 Compact Administrator and Interchange of Information 254.32 (a) The head of the licensing authority of each party state 254.33 shall be the administrator of this compact for the state. The 254.34 administrators, acting jointly, shall have the power to 254.35 formulate all necessary and proper procedures for the exchange 254.36 of information under this compact. 255.1 (b) The administrator of each party state shall furnish to 255.2 the administrator of each other party state any information or 255.3 documents reasonably necessary to facilitate the administration 255.4 of this compact. 255.5 ARTICLE VIII 255.6 Entry Into Force and Withdrawal 255.7 (a) This compact shall enter into force and become 255.8 effective as to any state when it has enacted the same into law. 255.9 (b) Any party state may withdraw from this compact by 255.10 enacting a statute repealing the same, but no such withdrawal 255.11 shall take effect until six months after the executive head of 255.12 the withdrawing state has given notice of the withdrawal to the 255.13 executive heads of all other party states. No withdrawal shall 255.14 affect the validity or applicability by the licensing 255.15 authorities of states remaining party to the compact of any 255.16 report of conviction occurring prior to the withdrawal. 255.17 ARTICLE IX 255.18 Construction and Severability 255.19 This compact shall be liberally construed so as to 255.20 effectuate the purposes thereof. The provisions of this compact 255.21 shall be severable and if any phrase, clause, sentence, or 255.22 provision of this compact is declared to be contrary to the 255.23 constitution of any party state or of the United States, or the 255.24 applicability thereof to any government, agency, person, or 255.25 circumstance is held invalid, the validity of the remainder of 255.26 this compact and the applicability thereof to any government, 255.27 agency, person, or circumstance shall not be affected thereby. 255.28 If this compact shall be held contrary to the constitution of 255.29 any state party thereto, the compact shall remain in full force 255.30 and effect as to the remaining states and in full force and 255.31 effect as to the state affected as to all severable matters. 255.32 Sec. 2. [169K.21] [TRANSFER OF INFORMATION.] 255.33 The licensing authority shall furnish to the appropriate 255.34 authorities of any other party state information or documents 255.35 reasonably necessary to facilitate the administration of section 255.36 169K.11, articles III, IV, and V. 256.1 Sec. 3. [169K.31] [COMPACT ADMINISTRATOR.] 256.2 The compact administrator provided for in section 169K.11, 256.3 article VII, is not entitled to additional compensation on 256.4 account of service as administrator, but is entitled to expenses 256.5 incurred in connection with the duties and responsibilities as 256.6 administrator, in the same manner as for expenses incurred in 256.7 connection with other duties or responsibilities of employment. 256.8 The compact administrator shall represent this state or shall 256.9 appoint a representative for this state in the driver license 256.10 compact commission, and that commission has the authority to 256.11 formulate procedures for exchanging information, as provided in 256.12 section 169K.11, article VII. 256.13 Sec. 4. [169K.41] [REPORTING TO LICENSING AUTHORITY.] 256.14 A court or other agency or political subdivision of this 256.15 state that has jurisdiction to take action regarding the 256.16 suspension, revocation, cancellation, or other limitation of a 256.17 license to drive, shall promptly report the action and the 256.18 circumstances upon which it is based to the licensing authority 256.19 on forms furnished by the department. 256.20 Sec. 5. [169K.51] [OUT-OF-STATE CONVICTIONS GIVEN EFFECT.] 256.21 The commissioner shall give the same effect for driver 256.22 licensing purposes to conduct reported from a licensing 256.23 authority or court in another state that the commissioner would 256.24 give to conduct reported from a court or other agency of this 256.25 state, whether or not the other state is a party to the driver 256.26 license compact in section 169K.11. The conduct to be given 256.27 effect by the commissioner includes a report of conviction for 256.28 an offense enumerated in section 169K.11, article IV, or an 256.29 offense described in section 169J.41 or 169J.47. 256.30 Sec. 6. [169K.61] [FILING OF BYLAWS AND AMENDMENTS.] 256.31 The driver license compact commission shall file a copy of 256.32 its bylaws and amendments to bylaws with the Minnesota secretary 256.33 of state. 256.34 ARTICLE 9 256.35 DRIVER EDUCATION 256.36 GENERAL PROVISIONS 257.1 Section 1. [169L.03] [COOPERATION OF STATE AGENCIES; 257.2 RULES.] 257.3 The commissioner shall request and receive the assistance 257.4 of other state departments and agencies in establishing rules 257.5 pursuant to this chapter. 257.6 Sec. 2. [169L.035] [INFRACTION VIOLATION OF CHAPTER OR 257.7 RULE.] 257.8 A violation of any provision of this chapter or any rule 257.9 issued or adopted pursuant thereto shall be an infraction. 257.10 GENERAL REQUIREMENTS FOR DRIVER EDUCATION COURSES 257.11 Sec. 3. [169L.11] [GENERAL REQUIREMENTS FOR DRIVER 257.12 EDUCATION COURSES.] 257.13 Subdivision 1. [REQUIREMENTS FOR ALL COURSES.] (a) Every 257.14 driver education course offered through a public school, private 257.15 school, or commercial driver education school shall include 257.16 instruction that must encompass at least: 257.17 (1) information on the effects of consumption of beverage 257.18 alcohol products and the use of illegal drugs, prescription 257.19 drugs, and nonprescription drugs on a person's ability to 257.20 operate a motor vehicle; 257.21 (2) the hazards of driving while under the influence of 257.22 alcohol or drugs; 257.23 (3) the legal penalties and financial consequences 257.24 resulting from violations of laws prohibiting the operation of a 257.25 motor vehicle while under the influence of alcohol or drugs; and 257.26 (4) instruction on railroad-highway grade crossing safety. 257.27 (b) The commissioner shall by rule establish minimum 257.28 standards of course content relating to operation of vehicles at 257.29 railroad-highway grade crossings. 257.30 Subd. 2. [REQUIREMENTS FOR PUBLIC SCHOOL COURSES.] Every 257.31 driver education course offered in any public school shall be 257.32 open for enrollment to persons between the ages of 15 and 18 257.33 years residing or attending school in the school district. Any 257.34 public school offering a driver education course may charge an 257.35 enrollment fee for the course. The fee shall not exceed the 257.36 actual cost of the course to the public school and the school 258.1 district. 258.2 COMMERCIAL DRIVER EDUCATION COURSES 258.3 Sec. 4. [169L.21] [LICENSE FOR COMMERCIAL DRIVER EDUCATION 258.4 SCHOOLS REQUIRED.] 258.5 No commercial driver education school shall be established 258.6 or operated unless it has applied for and obtained a license 258.7 from the commissioner. The commissioner shall issue or adopt 258.8 rules governing the requirements for a license, which may 258.9 include requirements concerning location, equipment, courses of 258.10 instruction, previous records of the school and instructors, 258.11 financial statements, filing of schedule of maximum fees and 258.12 charges, character and reputation of the instructors, insurance 258.13 in such sum and with such provisions as the commissioner deems 258.14 necessary to protect the interests of the public, and other 258.15 matters that the commissioner may prescribe. The applicant 258.16 shall not be required to have qualified for a teacher's 258.17 certificate as required in the public school system. 258.18 Sec. 5. [169L.25] [LICENSE FOR COMMERCIAL DRIVER EDUCATION 258.19 INSTRUCTORS REQUIRED.] 258.20 No person shall act as a commercial driver education 258.21 instructor unless the person has applied for and obtained a 258.22 license from the commissioner. The commissioner shall issue or 258.23 adopt rules governing the requirements for a commercial driver 258.24 education instructor's license, which may include requirements 258.25 concerning moral character, physical condition, knowledge of the 258.26 courses of instruction and of motor vehicle laws and safety 258.27 principles and practices, previous personnel and employment 258.28 records, teaching experience and qualifications, and other 258.29 matters that the commissioner may prescribe. The applicant 258.30 shall not be required to have qualified for a teacher's 258.31 certificate as required in the public school system. 258.32 Sec. 6. [169L.31] [LICENSE RENEWAL AND FEES.] 258.33 All licenses shall expire one year from date of issuance 258.34 and may be renewed upon application to the commissioner. Each 258.35 application for an original or renewal commercial driver 258.36 education school license shall be accompanied by a fee of $150. 259.1 Each application for an original or renewal commercial driver 259.2 education instructor's license shall be accompanied by a fee of 259.3 $50. The license fees collected under this chapter shall be 259.4 paid into the trunk highway fund. No license fee shall be 259.5 refunded if the license is rejected or revoked. 259.6 Sec. 7. [169L.35] [INSPECTION AND EXAMINATION.] 259.7 The commissioner or an authorized representative shall 259.8 inspect the facilities and equipment of commercial driver 259.9 education school applicants and licensees and shall examine 259.10 applicants for commercial driver education instructor's licenses. 259.11 The commissioner shall issue or adopt rules and do all things 259.12 necessary and proper to accomplish the purposes of this section. 259.13 Sec. 8. [169L.41] [ISSUANCE, RENEWAL, SUSPENSION, AND 259.14 REVOCATION OF LICENSES.] 259.15 The commissioner may revoke or refuse to issue or renew a 259.16 commercial driver education school or commercial driver 259.17 education instructor's license in any case on finding that the 259.18 applicant or licensee has not complied with, or has violated any 259.19 of the provisions of this chapter or any rule issued or adopted 259.20 pursuant thereto. Any revoked license shall be returned to the 259.21 commissioner by the licensee, and its holder cannot apply for a 259.22 new license for a period as determined by the commissioner not 259.23 to exceed one year after the date of the revocation. 259.24 Sec. 9. [169L.45] [EXEMPTIONS.] 259.25 Subdivision 1. [GENERALLY.] The provisions of sections 259.26 169L.21 to 169L.61 do not apply to: 259.27 (a) any person giving driver education lessons without 259.28 charge; 259.29 (b) an employer maintaining a driver education school 259.30 without charge for the employer's employees only; 259.31 (c) a school or class conducted by a college, university, 259.32 or high school as a part of its normal program; or 259.33 (d) a public school course in driver education, including 259.34 classroom instruction, behind-the-wheel instruction, or both, 259.35 approved by the state board of education. 259.36 Subd. 2. [HIGH SCHOOL DRIVER EDUCATION INSTRUCTOR.] Any 260.1 person who is a certificated driver education instructor in a 260.2 high school driver education program may give driver education 260.3 instruction to persons over the age of 18 without obtaining a 260.4 commercial driver education school license or commercial driver 260.5 education instructor's license, and may charge for that 260.6 instruction, if there is: 260.7 (a) no private commercial driver education school licensed 260.8 under this chapter within ten miles of the political subdivision 260.9 where the instruction is given; and 260.10 (b) no adult driver education program in effect in the 260.11 schools of the school district in which the trainee resides. 260.12 DRIVER IMPROVEMENT CLINICS 260.13 Sec. 10. [169L.61] [ESTABLISHMENT OF DRIVER IMPROVEMENT 260.14 CLINIC; FEES.] 260.15 Subdivision 1. [AUTHORITY TO ESTABLISH CLINIC.] Subject to 260.16 section 169L.65, any court, political subdivision, association 260.17 of political subdivisions, or any regularly established safety 260.18 organization may establish and conduct a driver improvement 260.19 clinic. 260.20 Subd. 2. [FEES.] The court, political subdivision, or 260.21 organization conducting a driver improvement clinic may 260.22 establish reasonable tuition fees not to exceed $50 or the 260.23 course's actual cost, whichever is less. 260.24 Sec. 11. [169L.65] [REGULATION OF CLINICS; DIRECTOR.] 260.25 Subdivision 1. [COMMISSIONER'S AUTHORITY.] The 260.26 commissioner shall supervise the administration and conduct of 260.27 driver improvement clinics. 260.28 Subd. 2. [RULES.] The commissioner shall adopt rules 260.29 setting forth standards for the curriculum and mode of 260.30 instruction of driver improvement clinics and other matters that 260.31 the commissioner considers necessary for the proper 260.32 administration of the clinics. In the preparation of the 260.33 standards, the commissioner shall consult with state 260.34 associations of judges. A driver improvement clinic established 260.35 under section 169L.61 shall conform to the standards adopted by 260.36 the commissioner. 261.1 Subd. 3. [CURRICULUM.] The course of study at a driver 261.2 improvement clinic may not exceed a cumulative total of nine 261.3 hours with no single class session lasting more than three hours. 261.4 The course of study at a driver improvement clinic shall include 261.5 instruction in railroad crossing safety. 261.6 Subd. 4. [DIRECTOR.] The commissioner may appoint a driver 261.7 improvement clinic director within the department of public 261.8 safety to accomplish the purposes of sections 169L.61 and 261.9 169L.65. 261.10 ARTICLE 10 261.11 OTHER VEHICLE PROVISIONS 261.12 MOTORCYCLES, MOTORIZED BICYCLES, AND BICYCLES 261.13 Section 1. [169M.11] [MOTORCYCLES.] 261.14 Subdivision 1. [LICENSE REQUIREMENTS.] (a) No person shall 261.15 operate a motorcycle on any street or highway without having a 261.16 valid standard driver's license with a two-wheeled vehicle 261.17 endorsement as provided by law. 261.18 (b) No two-wheeled vehicle endorsement shall be issued 261.19 unless the person applying therefor: 261.20 (1) has in possession a valid two-wheeled vehicle 261.21 instruction permit as provided in this section; 261.22 (2) has passed a written examination and road test 261.23 administered by the department for the endorsement; and 261.24 (3) in the case of an applicant under 18 years of age, 261.25 presents a certificate or other evidence of having successfully 261.26 completed an approved two-wheeled vehicle driver's safety course 261.27 in this or another state, in accordance with rules promulgated 261.28 by the state board of education for courses offered through the 261.29 public schools, or rules promulgated by the commissioner for 261.30 courses offered by a private or commercial school or institute. 261.31 (c) The commissioner may waive the road test for any 261.32 applicant on determining that the applicant possesses a valid 261.33 license to operate a two-wheeled vehicle issued by a 261.34 jurisdiction that requires a comparable road test for license 261.35 issuance. 261.36 Subd. 2. [INSTRUCTION PERMIT.] (a) A two-wheeled vehicle 262.1 instruction permit shall be issued to any person over 16 years 262.2 of age, who: 262.3 (1) possesses a valid driver's license; 262.4 (2) is enrolled in an approved two-wheeled vehicle driver's 262.5 safety course; 262.6 (3) has passed a written examination for the permit; and 262.7 (4) has paid such fee as the commissioner prescribes. 262.8 (b) A two-wheeled vehicle instruction permit is effective 262.9 for 45 days, and may be renewed under rules to be prescribed by 262.10 the commissioner. 262.11 Subd. 3. [LIMITS ON OPERATION UNDER INSTRUCTION 262.12 PERMIT.] No person who is operating by virtue of a two-wheeled 262.13 vehicle instruction permit shall: 262.14 (a) carry any passenger on the streets and highways of this 262.15 state on the motorcycle that the person is operating; 262.16 (b) drive the motorcycle at night time; 262.17 (c) drive the motorcycle on any highway marked by the 262.18 commissioner of transportation as an interstate highway pursuant 262.19 to title 23 of the United States Code; or 262.20 (d) drive the motorcycle without wearing protective 262.21 headgear that complies with standards established by the 262.22 commissioner of public safety. 262.23 Subd. 4. [SPECIAL PERMIT.] Notwithstanding the provisions 262.24 of subdivisions 1 to 3, the commissioner may issue a special 262.25 motorcycle permit, restricted or qualified in such manner as the 262.26 commissioner deems proper, to any person demonstrating a need 262.27 therefor and unable to qualify for a standard driver's license. 262.28 Subd. 5. [VEHICLE EQUIPMENT.] (a) No person shall operate 262.29 any motorcycle equipped with handlebars if any part of the 262.30 handlebars extends above the shoulders of the operator while 262.31 seated with both feet on the ground. 262.32 (b) Any motorcycle with a seat designed or suited for use 262.33 by a passenger shall be equipped with foot rests for the 262.34 passenger. 262.35 (c) No person shall operate any motorcycle on the streets 262.36 and highways unless the motorcycle is equipped with at least: 263.1 (1) one rear view mirror so attached and adjusted as to 263.2 reflect to the operator a view of the roadway for a distance of 263.3 at least 200 feet to the rear of the motorcycle; and 263.4 (1) one horn that is audible at a distance of at least 200 263.5 feet under normal conditions. 263.6 (d) All applicable provisions of chapter 169F pertaining to 263.7 motorcycle and other motor vehicle equipment apply to 263.8 motorcycles, except those that by their nature have no 263.9 application. 263.10 Subd. 6. [EQUIPMENT FOR OPERATORS AND PASSENGERS.] (a) No 263.11 person under the age of 18 shall operate or ride a motorcycle on 263.12 the streets and highways of this state without wearing 263.13 protective headgear that complies with standards established by 263.14 the commissioner. 263.15 (b) No person shall operate a motorcycle without wearing an 263.16 eye-protective device. 263.17 (c) The provisions of this subdivision do not apply to: 263.18 (1) a person participating in a parade for which parade a 263.19 permit or other official authorization has been granted by a 263.20 local governing body or other governmental authority; or 263.21 (2) a person riding within an enclosed cab. 263.22 Subd. 7. [DRIVING RULES.] (a) An operator of a motorcycle 263.23 shall ride only upon a permanent and regular seat that is 263.24 attached to the vehicle for that purpose. 263.25 (b) No person other than the operator shall ride on a 263.26 motorcycle, except that a passenger may ride: 263.27 (1) upon a permanent and regular operator's seat if the 263.28 seat is designed for two persons; 263.29 (2) upon an additional seat attached to the vehicle to the 263.30 rear of the operator's seat; or 263.31 (3) in a sidecar attached to the vehicle. 263.32 (c) The operator of a motorcycle shall not carry passengers 263.33 in a number exceeding the designed capacity of the motorcycle or 263.34 sidecar attached to it. 263.35 (d) No passenger shall be carried in a position that will 263.36 interfere with the safe operation of the motorcycle or the view 264.1 of the operator. 264.2 (e) No person shall ride upon a motorcycle as a passenger 264.3 unless, when sitting astride the seat, the person can reach the 264.4 foot rests with both feet. 264.5 (f) No person, except a passenger in a sidecar or a driver 264.6 or passenger on a three-wheeled motorcycle, shall operate or 264.7 ride upon a motorcycle except while sitting astride the seat, 264.8 facing forward, with one leg on either side of the motorcycle. 264.9 (g) No person shall operate a motorcycle while carrying any 264.10 animal, package, bundle, or other cargo that prevents the person 264.11 from keeping both hands on the handlebars. 264.12 (h) No person other than a peace officer in performance of 264.13 official duties shall: 264.14 (1) operate a motorcycle between lanes of moving or 264.15 stationary vehicles headed in the same direction; or 264.16 (2) drive a motorcycle abreast of or overtake or pass 264.17 another vehicle within the same traffic lane. However, 264.18 motorcycles may, with the consent of both drivers, be operated 264.19 not more than two abreast in a single traffic lane. 264.20 (i) Motor vehicles including motorcycles are entitled to 264.21 the full use of a traffic lane and no motor vehicle may be 264.22 driven or operated in a manner so as to deprive a motorcycle of 264.23 the full use of a traffic lane. 264.24 (j) A person operating a motorcycle upon a roadway must be 264.25 granted the rights and is subject to the duties applicable to a 264.26 motor vehicle as provided by law, except as to those provisions 264.27 that by their nature can have no application. 264.28 (k) No person shall operate a motorcycle on a street or 264.29 highway unless the headlight or headlights are lighted at all 264.30 times the motorcycle is so operated. 264.31 Subd. 8. [NEGLIGENCE; DAMAGES WITHOUT PROTECTIVE 264.32 HEADGEAR.] In an action to recover damages for negligence 264.33 resulting in any head injury to an operator or passenger of a 264.34 motorcycle, evidence of whether the injured person was wearing 264.35 protective headgear that complied with standards established by 264.36 the commissioner is admissible only with respect to the question 265.1 of damages for head injuries. Damages for head injuries of any 265.2 person who was not wearing protective headgear shall be reduced 265.3 to the extent that those injuries could have been avoided by 265.4 wearing protective headgear that complied with standards 265.5 established by the commissioner. This subdivision applies 265.6 regardless of whether the injured person was required by law to 265.7 wear protective headgear that complied with standards 265.8 established by the commissioner. 265.9 Subd. 9. [NOISE LIMITS.] Noise rules adopted by the 265.10 pollution control agency for motor vehicles pursuant to section 265.11 169F.57 apply to motorcycles. 265.12 Sec. 2. [169M.13] [MOTORIZED BICYCLES.] 265.13 Subdivision 1. [SAFETY EQUIPMENT; PARKING.] Section 265.14 169M.11 relating to motorcycles applies to motorized bicycles 265.15 except as otherwise provided in this section and except that: 265.16 (a) protective headgear includes headgear that meets the 265.17 American National Standard for Protective Headgear for 265.18 Bicyclists, ANSI Z90.4-1984, approved by the American National 265.19 Standards Institute, Inc.; 265.20 (b) a motorized bicycle may be operated during nighttime 265.21 hours only if it is equipped with a headlight and taillight 265.22 meeting the requirements of lighting for motorcycles; 265.23 (c) the provisions of section 169M.15 governing the parking 265.24 of bicycles apply to motorized bicycles; 265.25 (d) the operator of an electric-assisted bicycle must wear 265.26 properly fitted and fastened headgear that meets the American 265.27 National Standard for Protective Headgear for Bicyclists, ANSI 265.28 Z90.4-1984, approved by the American National Standards 265.29 Institute, Inc., when operating the electric-assisted bicycle on 265.30 a street or highway; and 265.31 (e) eye protection devices are not required for operators 265.32 of electric-assisted bicycles. 265.33 Subd. 2. [LICENSE OR PERMIT.] A motorized bicycle may be 265.34 operated under either a driver's license or a motorized bicycle 265.35 permit issued under section 169J.03, subdivision 4. A person 265.36 under the age of 16 operating a motorized bicycle under a 266.1 motorized bicycle permit is subject to the restrictions imposed 266.2 by section 169M.11, subdivision 3, on operation of a motorcycle 266.3 under a two-wheel instruction permit, except that: 266.4 (a) a parent or guardian of an operator under the age of 16 266.5 may also ride on the motorized bicycle as a passenger or 266.6 operator if the motorized bicycle is equipped with a seat and 266.7 foot rests for a second passenger; 266.8 (b) a motorized bicycle equipped with a headlight and 266.9 taillight meeting the requirements of lighting for motorcycles 266.10 may be operated during nighttime hours; 266.11 (c) protective headgear includes headgear described in 266.12 subdivision 1; and 266.13 (d) protective headgear is required only until the operator 266.14 reaches the age of 18 years. 266.15 Subd. 3. [SIDEWALK AND PASSENGER PROHIBITIONS.] (a) No 266.16 person shall operate a motorized bicycle upon a sidewalk at any 266.17 time, except when such operation is necessary for the most 266.18 direct access to a roadway from a driveway, alley, or building. 266.19 (b) No person shall operate a motorized bicycle that is 266.20 carrying any person other than the operator, except as allowed 266.21 under subdivision 2. 266.22 Subd. 4. [HEADLIGHT REQUIREMENT.] The provisions of 266.23 section 169M.11, subdivision 7, paragraph (k), apply to 266.24 motorized bicycles that are equipped with headlights. After 266.25 June 1, 1987, a new motorized bicycle sold or offered for sale 266.26 in Minnesota must be equipped with a headlight. 266.27 Subd. 5. [OTHER OPERATION REQUIREMENTS AND 266.28 PROHIBITIONS.] (a) A person operating a motorized bicycle on a 266.29 roadway shall ride as close as practicable to the right-hand 266.30 curb or edge of the roadway except in one of the following 266.31 situations: 266.32 (1) when overtaking and passing another vehicle proceeding 266.33 in the same direction; 266.34 (2) when preparing for a left turn at an intersection or 266.35 into a private road or driveway; or 266.36 (3) when reasonably necessary to avoid conditions, 267.1 including fixed or moving objects, vehicles, pedestrians, 267.2 animals, surface hazards, or narrow width lanes, that make it 267.3 unsafe to continue along the right-hand curb or edge. 267.4 (b) Persons operating motorized bicycles on a roadway may 267.5 not ride more than two abreast and may not impede the normal and 267.6 reasonable movement of traffic. On a laned roadway, a person 267.7 operating a motorized bicycle shall ride within a single lane. 267.8 (c) This section does not permit the operation of a 267.9 motorized bicycle on a bicycle path or bicycle lane that is 267.10 reserved for the exclusive use of nonmotorized traffic. 267.11 (d) Subject to the provisions of section 160.263, 267.12 subdivision 3, a person may operate an electric-assisted bicycle 267.13 on a bicycle lane. A person may operate an electric-assisted 267.14 bicycle on the shoulder of a roadway if the electric-assisted 267.15 bicycle is traveling in the same direction as the adjacent 267.16 vehicular traffic. 267.17 Sec. 3. [169M.15] [MOTOR BICYCLE RENTAL BUSINESS.] 267.18 Subdivision 1. [LICENSEE TO RENT TO LICENSED OPERATORS 267.19 ONLY; PARENTAL CONSENT.] (a) It is unlawful for a motor bicycle 267.20 business licensed under section 168.832 to rent, lease, or 267.21 furnish a motorcycle or a motorized bicycle to: 267.22 (1) a Minnesota resident who is not licensed by the state 267.23 of Minnesota to operate the vehicle; or 267.24 (2) a nonresident who is not duly licensed to operate the 267.25 vehicle under the law of the state or country of residence. 267.26 (b) It is unlawful for a motor bicycle business licensed 267.27 under section 168.832 to rent, lease, or furnish a motorcycle or 267.28 a motorized bicycle to a minor unless the minor furnishes and 267.29 leaves with the licensee a statement in writing showing the 267.30 consent of the minor's parent or guardian to the rental, lease, 267.31 or furnishing of a motorcycle or motorized bicycle to the minor. 267.32 (c) Before renting, leasing, or furnishing a motorcycle or 267.33 motorized bicycle to a person the licensee shall make a 267.34 permanent and legible record containing the name, address, and 267.35 age of the person to whom the vehicle is leased, rented, or 267.36 furnished. The licensee also shall specify on this record the 268.1 number, date of issue, and expiration of the driver's license, 268.2 together with any limitations noted thereon and the description 268.3 of the person as set forth on the driver's license. The record 268.4 also shall identify the vehicle rented, leased, or furnished to 268.5 the person by the number on the vehicle's state license plate. 268.6 Subd. 2. [LICENSEE MAINTENANCE; OPERATING INSTRUCTIONS; 268.7 SAFETY HELMETS.] (a) A motor bicycle business licensed under 268.8 section 168.832 shall maintain in safe operating condition all 268.9 motorcycles and motorized bicycles rented, leased, or furnished 268.10 by the licensee. 268.11 (b) The licensee, the licensee's agent, or employee shall 268.12 explain the operation, including the controls, pedals, gears, 268.13 and brakes, of the particular motorcycle or motorized bicycle to 268.14 be used by the person before the person uses it, unless the 268.15 licensee, the licensee's agent, or employee is aware that the 268.16 person knows how to operate the particular motorcycle or 268.17 motorized bicycle. 268.18 (c) The licensee or the licensee's agent or employee shall 268.19 call to the user's attention the precautionary measures that 268.20 must be followed for the safety of the driver and the public and 268.21 make available for each motorcycle or motorized bicycle at least 268.22 one sanitized safety helmet, or similar headgear, which shall be 268.23 offered for use to the driver. 268.24 Subd. 3. [LESSEE NOT TO PERMIT USE BY UNLICENSED PERSON.] 268.25 It is unlawful for a person to whom a motorcycle or motorized 268.26 bicycle is rented, leased, or furnished, to rent, sublease, or 268.27 otherwise authorize the use of the vehicle to a person who is 268.28 not licensed by the state of Minnesota to operate the vehicle. 268.29 Sec. 4. [169M.17] [BICYCLES.] 268.30 Subdivision 1. [TRAFFIC LAWS APPLY.] Every person 268.31 operating a bicycle shall have all of the rights and duties 268.32 applicable to the driver of any other vehicle by the vehicle 268.33 code, except in respect to: 268.34 (a) those provisions relating expressly to bicycles; and 268.35 (b) those provisions that by their nature cannot reasonably 268.36 be applied to bicycles. 269.1 Subd. 2. [MANNER AND NUMBER RIDING.] No bicycle shall be 269.2 used to carry more persons at one time than the number for which 269.3 it is designed and equipped, except: 269.4 (a) on a baby seat attached to the bicycle, provided that 269.5 the baby seat is equipped with a harness to hold the child 269.6 securely in the seat and that protection is provided against the 269.7 child's feet hitting the spokes of the wheel; or 269.8 (b) in a seat attached to the bicycle operator. 269.9 Subd. 3. [RIDING ON ROADWAYS OR SHOULDERS.] (a) Every 269.10 person operating a bicycle upon a roadway shall ride as close as 269.11 practicable to the right-hand curb or edge of the roadway except 269.12 under any of the following situations: 269.13 (1) when overtaking and passing another vehicle proceeding 269.14 in the same direction; 269.15 (2) when preparing for a left turn at an intersection or 269.16 into a private road or driveway; or 269.17 (3) when reasonably necessary to avoid conditions, 269.18 including fixed or moving objects, vehicles, pedestrians, 269.19 animals, surface hazards, or narrow width lanes, that make it 269.20 unsafe to continue along the right-hand curb or edge. 269.21 (b) If a bicycle is traveling on a shoulder of a roadway, 269.22 the bicycle shall travel in the same direction as adjacent 269.23 vehicular traffic. 269.24 (c) Persons riding bicycles: 269.25 (1) upon a roadway or shoulder shall not ride more than two 269.26 abreast and shall not impede the normal and reasonable movement 269.27 of traffic; and 269.28 (2) on a laned roadway shall ride within a single lane. 269.29 (d) A person operating a bicycle upon a sidewalk, or across 269.30 a roadway or shoulder on a crosswalk, shall: 269.31 (1) yield the right-of-way to any pedestrian; and 269.32 (2) give an audible signal when necessary before overtaking 269.33 and passing any pedestrian. 269.34 (e) No person shall ride a bicycle upon a sidewalk within a 269.35 business district unless permitted by local authorities. Local 269.36 authorities may prohibit the operation of bicycles on any 270.1 sidewalk or crosswalk under their jurisdiction. 270.2 (f) An individual operating a bicycle or other vehicle on a 270.3 bikeway shall: 270.4 (1) leave a safe distance when overtaking a bicycle or 270.5 individual proceeding in the same direction on the bikeway; and 270.6 (2) maintain clearance until safely past the overtaken 270.7 bicycle or individual. 270.8 (g) A person lawfully operating a bicycle on a sidewalk, or 270.9 across a roadway or shoulder on a crosswalk, shall have all the 270.10 rights and duties applicable to a pedestrian under the same 270.11 circumstances. 270.12 Subd. 4. [CARRYING ARTICLES.] No person operating a 270.13 bicycle shall carry any package, bundle, or article that 270.14 prevents the driver from keeping at least one hand upon the 270.15 handle bars or from properly operating the bicycle's brakes. 270.16 Subd. 5. [BICYCLE EQUIPMENT.] (a) No person shall operate 270.17 a bicycle at nighttime unless the bicycle or its operator is 270.18 equipped with: 270.19 (1) a lamp that emits a white light visible from a distance 270.20 of at least 500 feet to the front; and 270.21 (2) a red reflector of a type approved by the department 270.22 that is visible from all distances from 100 feet to 600 feet to 270.23 the rear when directly in front of lawful lower beams of head 270.24 lamps on a motor vehicle. 270.25 (b) No person may operate a bicycle at any time when there 270.26 is not sufficient light to render persons and vehicles on the 270.27 highway clearly discernible at a distance of 500 feet ahead 270.28 unless the bicycle or its operator is equipped with reflective 270.29 surfaces that are visible during the hours of darkness from 600 270.30 feet when viewed in front of lawful lower beams of head lamps on 270.31 a motor vehicle. 270.32 (c) The reflective surfaces shall include: 270.33 (1) reflective materials on each side of each pedal to 270.34 indicate their presence from the front or the rear; and 270.35 (2) a minimum of 20 square inches of reflective material on 270.36 each side of the bicycle or its operator. Any bicycle equipped 271.1 with side reflectors as required by regulations for new bicycles 271.2 prescribed by the United States Consumer Product Safety 271.3 Commission is considered to meet the requirements for side 271.4 reflectorization contained in this subdivision. 271.5 (d) A bicycle may be equipped with a rear lamp that emits a 271.6 red flashing signal. 271.7 (e) No person shall operate a bicycle unless it is equipped 271.8 with a brake that will enable the operator to make the braked 271.9 wheels skid on dry, level, clean pavement. 271.10 (f) No person shall operate upon a highway any bicycle 271.11 equipped with handlebars so raised that the operator must 271.12 elevate the hands above the level of the shoulders in order to 271.13 grasp the normal steering grip area. 271.14 (g) No person shall operate upon a highway any bicycle that 271.15 is of such a size as to prevent the operator from stopping the 271.16 bicycle, supporting it with at least one foot on the highway 271.17 surface and restarting in a safe manner. 271.18 Subd. 6. [SALE WITH REFLECTORS AND OTHER EQUIPMENT.] No 271.19 person shall sell or offer for sale any new bicycle unless it is 271.20 equipped with reflectors and other equipment as required by 271.21 subdivision 5, paragraphs (a) to (c) and (e), and by the 271.22 regulations for new bicycles prescribed by the United States 271.23 Consumer Product Safety Commission. 271.24 Subd. 7. [TURNING AND LANE CHANGES.] An arm signal to turn 271.25 right or left shall be given: 271.26 (a) continuously during the last 100 feet traveled by the 271.27 bicycle before turning, unless the arm is needed to control the 271.28 bicycle; and 271.29 (b) while the bicycle is stopped waiting to turn. 271.30 Subd. 8. [BICYCLE PARKING.] (a) A person may park a 271.31 bicycle on a sidewalk unless prohibited or restricted by local 271.32 authorities. A bicycle parked on a sidewalk shall not impede 271.33 the normal and reasonable movement of pedestrian or other 271.34 traffic. 271.35 (b) A bicycle may be parked on a roadway at any location 271.36 where parking is allowed if it is parked in such a manner that 272.1 it does not obstruct the movement of a legally parked motor 272.2 vehicle. 272.3 Subd. 9. [BICYCLE EVENTS.] (a) Bicycle events, parades, 272.4 contests, or racing on a highway shall not be unlawful when 272.5 approved by state or local authorities having jurisdiction over 272.6 the highway. Approval shall be granted only under conditions 272.7 that assure reasonable safety for all participants, spectators, 272.8 and other highway users, and that prevent unreasonable 272.9 interference with traffic flow that would seriously 272.10 inconvenience other highway users. 272.11 (b) By agreement with the approving authority, participants 272.12 in an approved bicycle highway event may be exempted from 272.13 compliance with any traffic laws otherwise applicable thereto, 272.14 provided that traffic control is adequate to assure the safety 272.15 of all highway users. 272.16 Subd. 10. [PEACE OFFICERS OPERATING BICYCLES.] The 272.17 provisions of this section governing operation of bicycles do 272.18 not apply to bicycles operated by peace officers while 272.19 performing their duties. 272.20 PEDESTRIANS 272.21 Sec. 5. [169M.21] [PEDESTRIANS.] 272.22 Subdivision 1. [OBEY TRAFFIC-CONTROL SIGNALS.] Pedestrians 272.23 are subject to traffic-control signals at intersections as 272.24 heretofore declared in the vehicle code, but at all other places 272.25 pedestrians shall be accorded the privileges and shall be 272.26 subject to the restrictions stated in this section and section 272.27 169M.31. 272.28 Subd. 2. [RIGHTS IN ABSENCE OF SIGNALS.] Where 272.29 traffic-control signals are not in place or in operation, 272.30 section 169D.71 requires the driver of a vehicle to stop to 272.31 yield the right-of-way to a pedestrian crossing the roadway 272.32 within a marked crosswalk or within any crosswalk at an 272.33 intersection, but no pedestrian shall suddenly leave a curb or 272.34 other place of safety and walk or run into the path of a vehicle 272.35 which is so close that it is impossible for the driver to yield. 272.36 This subdivision does not apply if traffic-control signals are 273.1 in place and in operation. 273.2 Subd. 3. [CROSSING BETWEEN INTERSECTIONS.] (a) Every 273.3 pedestrian crossing a roadway at any point other than within a 273.4 marked crosswalk or within an unmarked crosswalk at an 273.5 intersection shall yield the right-of-way to all vehicles upon 273.6 the roadway. 273.7 (b) Any pedestrian crossing a roadway at a point where a 273.8 pedestrian tunnel or overhead pedestrian crossing has been 273.9 provided shall yield the right-of-way to all vehicles upon the 273.10 roadway. 273.11 (c) Between adjacent intersections at which traffic-control 273.12 signals are in operation, pedestrians shall not cross at any 273.13 place except in a marked crosswalk. 273.14 Subd. 4. [USE RIGHT HALF OF CROSSWALKS.] Pedestrians shall 273.15 move when practicable upon the right half of crosswalks. 273.16 Subd. 5. [WALK ON LEFT SIDE OF ROADWAY.] Pedestrians when 273.17 walking or moving in a wheelchair along a roadway shall, when 273.18 practicable, walk or move on the left side of the roadway or its 273.19 shoulder, giving way to oncoming traffic. 273.20 Subd. 6. [WALK ON SIDEWALK.] Where sidewalks are provided 273.21 and are accessible and usable, it is unlawful for any pedestrian 273.22 to walk or move in a wheelchair along and upon an adjacent 273.23 roadway. 273.24 Sec. 6. [169M.23] [BLIND PERSONS CARRYING WHITE CANES.] 273.25 Subdivision 1. [LIMITATION ON CARRYING.] It is unlawful 273.26 for any person to carry a white painted cane unless the person 273.27 is a blind person. 273.28 Subd. 2. [BLIND PEDESTRIAN HAS RIGHT-OF-WAY.] When a blind 273.29 pedestrian who is carrying a cane predominantly white or 273.30 metallic in color, with or without red tip, or using a guide 273.31 dog, enters an intersection of any street, avenue, alley, or 273.32 other public highway, section 169D.75 requires the driver of a 273.33 motor vehicle to bring the motor vehicle to a stop and give the 273.34 right of way to the blind pedestrian. 273.35 Sec. 7. [169M.25] [CROSSINGS FOR SENIORS AND DISABLED 273.36 PERSONS.] 274.1 Subdivision 1. [DESIGNATION OF CROSSINGS.] Local 274.2 authorities may designate a crossing for senior citizens or 274.3 disabled persons on any street or highway in the vicinity of a 274.4 senior citizen housing project, senior citizen nursing home, or 274.5 residential care facility for disabled persons on the basis of 274.6 an engineering and traffic investigation prescribed by the 274.7 commissioner of transportation and subject to the uniform 274.8 specifications adopted pursuant to subdivision 2. Designation 274.9 of a crossing for senior citizens or disabled persons on a trunk 274.10 highway is subject to the commissioner's written consent. 274.11 Subd. 2. [UNIFORM SPECIFICATIONS.] The commissioner of 274.12 transportation shall adopt uniform specifications for crossings 274.13 for senior citizens or disabled persons. The specifications 274.14 shall include criteria for determining the need for a crossing 274.15 and the type and design of traffic control devices or signals 274.16 that may be used at the crossing. The specifications shall be 274.17 incorporated as a part of the manual of uniform traffic control 274.18 devices required pursuant to section 169D.07. 274.19 OTHER PROHIBITIONS 274.20 Sec. 8. [169M.31] [HITCHHIKING; SOLICITING BUSINESS.] 274.21 Subdivision 1. [SOLICITING RIDE.] No person shall stand in 274.22 a roadway for the purpose of soliciting a ride from the driver 274.23 of any private vehicle. 274.24 Subd. 2. [SOLICITING EMPLOYMENT, BUSINESS, OR 274.25 CONTRIBUTIONS.] No person shall stand on a roadway for the 274.26 purpose of soliciting employment, business, or contributions 274.27 from the occupant of any vehicle. 274.28 Sec. 9. [169M.33] [DROPPING OBJECT ON VEHICLE.] 274.29 No person shall drop or hurl any destructive or injurious 274.30 material or object at or upon: 274.31 (a) any motor vehicle upon any highway; or 274.32 (b) the occupants thereof. 274.33 Sec. 10. [169M.335] [FIRST DEGREE MISDEMEANOR DROPPING 274.34 OBJECT ON VEHICLE.] 274.35 Whoever violates section 169M.33 is guilty of a first 274.36 degree misdemeanor. 275.1 Sec. 11. [169M.35] [LITTERING.] 275.2 Subdivision 1. [PLACING OBJECT ON HIGHWAY.] No person 275.3 shall throw, deposit, place, or dump, or cause to be thrown, 275.4 deposited, placed, or dumped upon any street or highway: 275.5 (a) any snow, ice, glass bottle, glass, nails, tacks, wire, 275.6 cans, garbage, swill, papers, ashes, refuse, carcass of any dead 275.7 animal, offal, trash, rubbish, or any other form of offensive 275.8 matter; or 275.9 (b) any other substance likely to injure any person, 275.10 animal, or vehicle upon any street or highway. 275.11 Subd. 2. [IMMEDIATE REMOVAL.] Any person who drops, or 275.12 permits to be dropped or thrown, upon any highway any of the 275.13 material specified in subdivision 1, shall immediately remove 275.14 the same or cause it to be removed. 275.15 Subd. 3. [REMOVING OBJECTS DROPPED FROM WRECKED OR DAMAGED 275.16 VEHICLE.] Any person removing a wrecked or damaged vehicle from 275.17 a highway shall remove any glass or other injurious substance 275.18 dropped upon the highway from the vehicle. 275.19 Subd. 4. [DRIVING RECORD.] The record of any conviction of 275.20 or plea of guilty under this section of a person operating a 275.21 motor vehicle shall be immediately forwarded to the department 275.22 for inclusion upon that offender's driving record. 275.23 Subd. 5. [MINIMUM FINE FOR SUBSEQUENT VIOLATION.] Any 275.24 second or subsequent offense under this section shall require a 275.25 minimum fine in the amount of $400. 275.26 Subd. 6. [REQUIREMENT TO PICK UP LITTER.] For any 275.27 violation of this section, the offender may be required to pick 275.28 up litter along any public highway or road for four to eight 275.29 hours under the direction of the department of transportation, 275.30 in lieu of all or part of the penalty imposed. 275.31 Sec. 12. [169M.37] [CIVIL LIABILITY FOR LITTERING.] 275.32 Subdivision 1. [FINDING.] The legislature finds that the 275.33 cost of removing and disposing of solid waste, including litter, 275.34 from vehicles is an onerous burden upon the public, and that the 275.35 criminal law is not always adequate in dealing with the problem. 275.36 This requires the imposition of civil liability as provided in 276.1 this section. 276.2 Subd. 2. [CIVIL LIABILITY IMPOSED.] If any solid waste, 276.3 including litter, glass, nails, tacks, wire, cans, bottles, 276.4 garbage, papers, refuse, trash, or any form of offensive matter 276.5 is thrown, deposited, placed, or dumped from a vehicle upon any 276.6 street or highway, public land, or upon private land without the 276.7 consent of the owner of the land, a violation of this 276.8 subdivision occurs and civil liability is imposed upon the owner 276.9 of the vehicle, or, in the case of a leased vehicle, the lessee 276.10 thereof. The driver and passengers riding in a vehicle are 276.11 constituted as the agents of the owner of the vehicle for 276.12 purposes of this subdivision. It is a defense to any action 276.13 brought pursuant to this section that the vehicle was stolen. 276.14 This section does not apply to the owner of a vehicle 276.15 transporting persons for hire or transporting school children. 276.16 Subd. 3. [CIVIL PENALTY; DAMAGES.] A person who violates 276.17 this section is subject to the civil penalties for littering and 276.18 an action for damages as specified in section 115A.99. 276.19 Subd. 4. [PROCEDURES.] A civil action may be commenced as 276.20 is any civil action or by the issuance of a citation to the 276.21 owner of the vehicle by any peace officer who has reason to 276.22 believe that a violation has occurred. Actions commenced by the 276.23 issuance of a citation by a peace officer shall be tried by the 276.24 prosecuting authority responsible for misdemeanor prosecutions 276.25 in the jurisdiction where a violation occurs. Any damages 276.26 recovered in an action brought by a public agency shall be 276.27 deposited in the treasury of the jurisdiction trying the action 276.28 and distributed as provided in section 487.33. Any district 276.29 court may establish a separate civil calendar for cases brought 276.30 under this section. 276.31 Subd. 5. [RELATIONSHIP TO CRIMINAL LAW; ELECTION OF 276.32 REMEDIES.] If an act is a violation of this section and of a 276.33 statute or ordinance providing a criminal penalty, a public 276.34 agency elects its remedy by commencing either an action under 276.35 this section or a criminal prosecution, and the commencement of 276.36 one type of action by a public agency is a bar to its bringing 277.1 of the other. 277.2 Subd. 6. [PAYMENT.] Any district court may establish a 277.3 schedule of costs and civil damages, and procedures for payment, 277.4 in cases brought by a public agency under which the defendant 277.5 may consent to default judgment and make payment according to 277.6 the schedule without making a personal appearance in court. 277.7 TRAFFIC SIGNAL AND SIGN VIOLATIONS 277.8 Sec. 13. [169M.41] [FALSE TRAFFIC SIGNAL.] 277.9 It is unlawful to exhibit a false light or signal or 277.10 interfere with a light, signal, or sign controlling or guiding 277.11 traffic on a highway. 277.12 Sec. 14. [169M.413] [FELONY FALSE TRAFFIC SIGNAL.] 277.13 A person who violates section 169M.41 and knows that doing 277.14 so creates a risk of death or bodily harm or serious property 277.15 damage may be sentenced to imprisonment for not more than five 277.16 years or to payment of a fine of not more than $10,000, or both. 277.17 Sec. 15. [169M.415] [SECOND DEGREE MISDEMEANOR FALSE 277.18 TRAFFIC SIGNAL.] 277.19 Except as provided in section 169M.413, whoever violates 277.20 section 169M.41 is guilty of a second degree misdemeanor. 277.21 Sec. 16. [169M.43] [UNAUTHORIZED SIGNS.] 277.22 Subdivision 1. [UNLAWFUL ACTS.] (a) No person shall place, 277.23 maintain, or display upon or in view of any highway any 277.24 unauthorized sign, signal, marking, or device that: 277.25 (1) purports to be or is an imitation of or resembles an 277.26 official traffic-control device or railroad sign or signal; 277.27 (2) attempts to direct the movement of traffic; or 277.28 (3) hides from view or interferes with the effectiveness of 277.29 any official traffic-control device or any railroad sign or 277.30 signal. 277.31 (b) No person shall place or maintain, nor shall any public 277.32 authority permit upon any highway, any traffic sign or signal 277.33 bearing thereon any commercial advertising. 277.34 Subd. 2. [AUTHORIZED ACTS.] (a) Subdivision 1 does not 277.35 prohibit: 277.36 (1) the erection upon private property adjacent to highways 278.1 of signs giving useful directional information and of a type 278.2 that cannot be mistaken for official signs; or 278.3 (2) the temporary placement by auctioneers licensed or 278.4 exempt from licensing under section 330.01, for a period of not 278.5 more than eight consecutive hours, on or adjacent to the 278.6 right-of-way of a highway not more than four signs directing 278.7 motorists to the location of an auction. 278.8 (b) The signs must conform to standards for size, content, 278.9 placement, and location for such signs promulgated by the 278.10 commissioner of transportation. The rules may require a permit 278.11 for each such sign but no fee may be charged for the permit. 278.12 Subd. 3. [NUISANCE.] Every sign, signal, or marking 278.13 prohibited by this section is hereby declared to be a public 278.14 nuisance. The authority having jurisdiction over the highway is 278.15 hereby empowered to remove the same, or cause it to be removed, 278.16 without notice. 278.17 Sec. 17. [169M.45] [RED LIGHT OR SIGN FORBIDDEN.] 278.18 Subdivision 1. [MAINTAINING RED LIGHT OR SIGN.] No person 278.19 or corporation shall place, maintain, or display any red light 278.20 or red sign, signal, or lighting device in view of any highway 278.21 in such a way as to interfere with the effectiveness or 278.22 efficiency of any highway traffic-control device. 278.23 Subd. 2. [REMOVAL.] Upon written notice from the 278.24 commissioner of transportation, a person or corporation 278.25 maintaining or owning or displaying a prohibited light shall 278.26 promptly remove it, or change the color of it to some other 278.27 color than red. 278.28 Subd. 3. [MAINTAINING AFTER NOTICE TO REMOVE.] No person 278.29 or corporation shall maintain or display any light after written 278.30 notice from the commissioner of transportation that the light 278.31 constitutes a traffic hazard and that it has ordered the removal 278.32 thereof. 278.33 Sec. 18. [169M.47] [UNLAWFUL TO POSSESS, ALTER, DEFACE, OR 278.34 REMOVE SIGNS.] 278.35 Subdivision 1. [UNLAWFUL ACT.] No person shall, without 278.36 lawful authority, possess, or attempt to or in fact alter, 279.1 deface, injure, knock down, or remove any official 279.2 traffic-control device or any railroad sign or signal or any 279.3 inscription, shield, or insignia thereon, or any other part 279.4 thereof. 279.5 Subd. 2. [EXCEPTION.] A person who voluntarily notifies a 279.6 law enforcement agency that the person is in possession of such 279.7 an article, and who returns the article within ten days after 279.8 gaining possession thereof, is not subject to prosecution for 279.9 such possession. 279.10 MAILBOX INSTALLATIONS 279.11 Sec. 19. [169M.51] [UNAUTHORIZED MAILBOX INSTALLATION.] 279.12 Subdivision 1. [PUBLIC HAZARD.] A mailbox installation or 279.13 support on a public highway that does not meet the breakaway and 279.14 location standards contained in rules adopted under subdivision 279.15 2 is declared to be a public nuisance, a road hazard, and a 279.16 danger to the health and safety of the traveling public. 279.17 Subd. 2. [STANDARDS; RULEMAKING.] The commissioner of 279.18 transportation shall adopt rules that provide for standards and 279.19 permissible locations of mailbox installations and supports on a 279.20 street or highway. The commissioner shall base the rules 279.21 substantially on federal highway administration regulations or 279.22 recommendations, or other national standards or recommendations 279.23 regarding the location and construction of safe, breakaway 279.24 mailbox installations or supports. In adopting the rules, the 279.25 commissioner shall consider the safety of the traveling public 279.26 relative to the convenience and expense of owners of 279.27 nonconforming mailbox installations or supports. The 279.28 commissioner may provide for alternative standards to allow 279.29 variances from the rules. 279.30 Subd. 3. [REMOVAL, NOTICE.] (a) After adoption of the 279.31 rules authorized under subdivision 2, the commissioner of 279.32 transportation or a road authority as defined in section 160.02, 279.33 subdivision 9, may remove and replace a mailbox installation or 279.34 support that is: 279.35 (1) located on a street or highway under the jurisdiction 279.36 of the commissioner or road authority; and 280.1 (2) does not conform to the rules adopted under subdivision 280.2 2. 280.3 (b) The commissioner of transportation or road authority 280.4 may remove and replace a nonconforming mailbox installation or 280.5 support not less than 60 days after giving notice, by personal 280.6 notice or certified mail to the owner or the resident at the 280.7 address served by the mailbox, of its intent to remove and 280.8 replace the installation or support. The commissioner or road 280.9 authority may charge the owner or resident not more than $75 for 280.10 the cost of the removal and replacement. 280.11 (c) The notice must at a minimum: 280.12 (1) inform the owner of the nonconforming installation or 280.13 support; and 280.14 (2) inform the owner or resident: 280.15 (i) of the applicable law and rules, including the rules 280.16 that contain the standards for mailbox installations and 280.17 supports on public streets and highways; 280.18 (ii) that the owner or resident must remove the 280.19 installation or support or bring it into compliance with the 280.20 rules within 60 days after the date of the notice; 280.21 (iii) of the applicable laws and rules and the standards 280.22 for mailbox installations and supports on public streets and 280.23 highways, and provide plans or diagrams of examples of 280.24 conforming installations or supports; 280.25 (iv) that if the nonconforming installation or support is 280.26 not removed or replaced within 60 days after the date of the 280.27 notice, the commissioner or road authority may remove and 280.28 replace the installation or support at a cost of up to $75 to 280.29 the owner or resident; and 280.30 (v) that where the replacement is made in conjunction with 280.31 certain federally aided highway construction projects the 280.32 replacement may be made at partial or no cost to the owner or 280.33 resident. 280.34 SPECIAL VEHICLE USE ON ROADWAY 280.35 Sec. 20. [169M.61] [SPECIAL VEHICLE USE ON ROADWAY.] 280.36 Subdivision 1. [DESIGNATION OF ROADWAYS, PERMIT.] The 281.1 governing body of any home rule charter or statutory city or 281.2 town may by ordinance authorize the operation of motorized golf 281.3 carts, or four-wheel all-terrain vehicles, on designated 281.4 roadways or portions thereof under its jurisdiction. 281.5 Authorization to operate a motorized golf cart or four-wheel 281.6 all-terrain vehicle is by permit only. 281.7 Subd. 2. [ORDINANCE.] The ordinance shall designate the 281.8 roadways, prescribe the form of the application for the permit, 281.9 require evidence of insurance complying with the provisions of 281.10 section 65B.48, subdivision 5, and may prescribe conditions, not 281.11 inconsistent with the provisions of this section, under which a 281.12 permit may be granted. Permits may be granted for a period of 281.13 not to exceed one year, and may be annually renewed. A permit 281.14 may be revoked at any time if there is evidence that the 281.15 permittee cannot safely operate the motorized golf cart or 281.16 four-wheel all-terrain vehicle on the designated roadways. The 281.17 ordinance may require, as a condition to obtaining a permit, 281.18 that the applicant submit a certificate signed by a physician 281.19 that the applicant is able to safely operate a motorized golf 281.20 cart or four-wheel all-terrain vehicle on the roadways 281.21 designated. 281.22 Subd. 3. [TIMES OF OPERATION.] Motorized golf carts and 281.23 four-wheel all-terrain vehicles shall not be operated on 281.24 designated roadways: 281.25 (a) before sunrise; 281.26 (b) after sunset; 281.27 (c) in inclement weather; 281.28 (d) when visibility is impaired by weather, smoke, fog or 281.29 other conditions; or 281.30 (e) at any time when there is insufficient light to clearly 281.31 see persons and vehicles on the roadway at a distance of 500 281.32 feet. 281.33 Subd. 4. [SLOW-MOVING VEHICLE EMBLEM.] Motorized golf 281.34 carts shall display the slow-moving vehicle emblem provided for 281.35 in section 169F.17, when operated on designated roadways. 281.36 Subd. 5. [CROSSING INTERSECTING HIGHWAYS.] The operator, 282.1 under permit, of a motorized golf cart or four-wheel all-terrain 282.2 vehicle may cross any street or highway intersecting a 282.3 designated roadway. 282.4 Subd. 6. [APPLICATION OF TRAFFIC LAWS.] Every person 282.5 operating a motorized golf cart or four-wheel all-terrain 282.6 vehicle under permit on designated roadways has all the rights 282.7 and duties applicable to the driver of any other vehicle under 282.8 the provisions of the vehicle code, except when those provisions 282.9 cannot reasonably be applied to motorized golf carts or 282.10 four-wheel all-terrain vehicles and except as otherwise 282.11 specifically provided in subdivision 7. 282.12 Subd. 7. [NONAPPLICATION OF CERTAIN LAWS.] The provisions 282.13 of chapter 169J (drivers' licenses), are not applicable to 282.14 persons operating motorized golf carts or four-wheel all-terrain 282.15 vehicles under permit on designated roadways pursuant to this 282.16 section. Except for the requirements of section 169F.59 (rear 282.17 view mirrors), the provisions of the vehicle code relating to 282.18 equipment on vehicles do not apply to motorized golf carts or 282.19 four-wheel all-terrain vehicles operating, under permit, on 282.20 designated roadways. 282.21 Subd. 8. [INSURANCE.] If a person operating a motorized 282.22 golf cart or four-wheel, all-terrain vehicle under this section 282.23 cannot obtain liability insurance in the private market, the 282.24 person may purchase automobile insurance, including no-fault 282.25 coverage, from the Minnesota Automobile Assigned Risk Plan at a 282.26 rate to be determined by the commissioner of commerce. 282.27 STORAGE OF MOTOR VEHICLES 282.28 Sec. 21. [169M.71] [OUTDOOR STORAGE OF COLLECTOR VEHICLE.] 282.29 Subdivision 1. [GENERALLY.] A pioneer, classic, collector, 282.30 collector military, or street rod vehicle, as described in 282.31 section 168.10, subdivisions 1a to 1d and 1h, licensed or 282.32 unlicensed, operable or inoperable, may be stored in compliance 282.33 with local government zoning and ordinances on its owner's 282.34 property, provided that the vehicle and any outdoor storage area 282.35 it may require is: 282.36 (a) maintained so as not to constitute a health or 283.1 environmental hazard; and 283.2 (b) is screened from ordinary public view by a fence, 283.3 shrubbery, rapidly growing trees, or other appropriate means. 283.4 Subd. 2. [LOCAL AUTHORITY ACTION.] The appropriate local 283.5 agency or authority may inform an owner of the owner's failure 283.6 to comply with these requirements, and may order the vehicle 283.7 removed from the outdoor storage area if the owner fails to 283.8 comply with these requirements within 20 days after the warning. 283.9 Sec. 22. [169M.73] [REPORT OF STORAGE OF MOTOR VEHICLE FOR 283.10 30 DAYS.] 283.11 Every operator of a structure or place where motor vehicles 283.12 are stored shall report in writing to the bureau of criminal 283.13 apprehension the fact that a motor vehicle has been continuously 283.14 stored in the structure or place more than 30 days without 283.15 having been removed from the structure or place when the motor 283.16 vehicle's owner is not personally known to the operator and no 283.17 contract exists between the operator and the motor vehicle's 283.18 owner for the storage. The report shall be in a form prescribed 283.19 by the bureau, furnishing identification of the vehicle. 283.20 ARTICLE 11 283.21 LICENSE PLATE VIOLATIONS AND IMPOUNDMENT 283.22 DISPLAYING LICENSE PLATES 283.23 Section 1. [169N.11] [DISPLAYING LICENSE PLATES.] 283.24 Subdivision 1. [NO OPERATION WITHOUT LICENSE PLATES OR 283.25 TEMPORARY PERMIT.] (a) Except as provided in paragraph (c), no 283.26 person shall use or operate a motor vehicle, except one exempted 283.27 by section 168.012 (vehicles exempt from license fees), upon a 283.28 highway unless it is currently registered, the motor vehicle tax 283.29 and fees are paid, and the license plates issued for the motor 283.30 vehicle are displayed on the vehicle. 283.31 (b) Except as provided in paragraph (c) and section 283.32 168.012, a person shall not operate a motor vehicle that is not 283.33 subject to taxation under chapter 168 upon a highway until the 283.34 motor vehicle is registered and displays license plates as 283.35 required by this chapter. 283.36 (c) A motor vehicle may be operated without current plates 284.1 if a current permit authorized by section 168.091 (nonresident 284.2 purchaser), 168.092 (resident purchaser), 168.09, subdivision 7 284.3 (special plate replacement), 169N.21, subdivision 5 (upon plate 284.4 impoundment) is displayed. Whenever practicable the permit must 284.5 be posted upon the driver's side of the rear window inside the 284.6 vehicle. The permit is valid only for the vehicle for which it 284.7 was issued. 284.8 Subd. 2. [VEHICLE REGISTERED UNDER MONTHLY SERIES.] A 284.9 vehicle registered under the monthly series system of 284.10 registration shall display the plates and insignia issued within 284.11 ten days of the first day of the month that begins the 284.12 registration period. 284.13 Subd. 3. [PRORATABLE VEHICLES; OTHER VEHICLES.] (a) Plates 284.14 or other insignia issued for a motor vehicle registered under 284.15 section 168.187 (interstate registration and reciprocity) for a 284.16 calendar year shall be displayed on the motor vehicle not later 284.17 than 12:01 a.m. on March 2 of the year unless extended by the 284.18 commissioner for the time required to issue the new plates or 284.19 insignia. The registration year for vehicles registered under 284.20 section 168.187 as provided in this section is from March 1 to 284.21 the last day of February. 284.22 (b) Plates or other insignia issued for a self-propelled 284.23 motor vehicle registered for over 27,000 pounds except a motor 284.24 vehicle registered under sections 168.017 (monthly series 284.25 registration system) and 168.187 shall be displayed on the 284.26 vehicle not later than 12:01 a.m. on March 2, nor earlier than 284.27 12:01 a.m. on February 15, unless otherwise extended by the 284.28 commissioner for the time required to issue the new plates or 284.29 insignia. 284.30 (c) Plates or other insignia issued for a self-propelled 284.31 vehicle registered for 27,000 pounds or less or other motor 284.32 vehicle except a vehicle registered under section 168.017 or 284.33 168.187, shall be displayed not later than 12:01 a.m. on March 284.34 2, and not earlier than January 1, unless otherwise extended by 284.35 the commissioner for the time required to issue the new plates 284.36 or insignia. 285.1 (d) The registration year for all vehicles registered under 285.2 paragraphs (b) and (c) is from March 1 to the last day of 285.3 February. 285.4 Subd. 4. [DEFENSES TO FAILURE TO RENEW.] No person may be 285.5 charged with violating this section because of failure to renew 285.6 the registration of a previously registered motor vehicle, 285.7 except a vehicle registered under section 168.187 (interstate 285.8 registration and reciprocity), if: 285.9 (a) the person produces a statement from the commissioner 285.10 to the effect that the person was not notified by the 285.11 commissioner of the annual renewal for the registration of the 285.12 vehicle to which a citation was issued; and 285.13 (b) the person renews the registration and pays the motor 285.14 vehicle tax and fees due within ten days after being cited for 285.15 the violation. 285.16 Subd. 5. [USE OF DEALER PLATES.] (a) It is unlawful to 285.17 operate a motor vehicle with dealer plates issued under section 285.18 168.27 other than as specified in paragraph (b) or (c). 285.19 (b) A motor vehicle, new or used, owned by a motor vehicle 285.20 dealership and bearing its license plate, other than a vehicle 285.21 leased to a user who is not an employee of the dealer during the 285.22 term of the lease, held for hire, or customarily used by the 285.23 dealer as a tow truck, service truck, or parts vehicle, may be 285.24 driven upon the highways of this state: 285.25 (1) by the motor vehicle dealer or dealer's spouse, or a 285.26 full-time employee of the motor vehicle dealer for either 285.27 private or business purposes; 285.28 (2) by a part-time employee when the use is directly 285.29 related to a particular business transaction of the dealer; 285.30 (3) for demonstration purposes by a prospective buyer of 285.31 the motor vehicle for a period of 48 hours or, in the case of a 285.32 truck, truck-tractor, or semitrailer, for a period of seven 285.33 days; or 285.34 (4) in a promotional event that lasts no longer than four 285.35 days and in which at least three motor vehicles are involved. 285.36 (c) A new or used motor vehicle sold by the motor vehicle 286.1 dealer and bearing the motor vehicle dealer's license plate may 286.2 be driven upon the highways for a period of 72 hours by the 286.3 buyer for either of the following purposes: 286.4 (1) removing the vehicle from this state for registration 286.5 in another state; or 286.6 (2) permitting the buyer to use the motor vehicle before 286.7 the buyer receives license plates pursuant to registration. Use 286.8 of a motor vehicle by the buyer under this clause constitutes a 286.9 use of the highways for the purpose of the time requirements for 286.10 registering motor vehicles. 286.11 Subd. 6. [UNLAWFUL ACTS.] It is unlawful for a person: 286.12 (a) to display or cause to be displayed, or to possess any 286.13 canceled, revoked, suspended, or fraudulently obtained, or 286.14 stolen license plates; 286.15 (b) to lend the person's license plates to another or 286.16 knowingly to permit the use thereof by another; 286.17 (c) to display or represent as the person's own any license 286.18 plates not issued to that person; provided, however, this does 286.19 not apply to: 286.20 (1) a legal change of ownership of the motor vehicle to 286.21 which the plates are attached; or 286.22 (2) a transfer of collector plates under section 168.10, 286.23 subdivision 1i; 286.24 (d) to fail or refuse to surrender to the department upon 286.25 its lawful demand any license plates that have been revoked, 286.26 canceled, or suspended by proper authority; 286.27 (e) to use a false or fictitious name or address, or 286.28 description of the motor vehicle, identification number, or 286.29 serial number, in an application for registration of a motor 286.30 vehicle, or to knowingly make a false statement, or to knowingly 286.31 conceal a material fact, or otherwise commit a fraud in any such 286.32 application; or 286.33 (f) to destroy, alter, remove, cover, or deface the 286.34 identification or serial number of a motor vehicle or to 286.35 knowingly operate a motor vehicle the identification or serial 286.36 number of which has been destroyed, altered, removed, covered, 287.1 or defaced without first making application for assignment of a 287.2 special identification number as provided by law. 287.3 Sec. 2. [169N.115] [THIRD DEGREE MISDEMEANOR LICENSE PLATE 287.4 DISPLAY VIOLATION.] 287.5 Whoever violates section 169N.11, subdivision 6, is guilty 287.6 of a third degree misdemeanor. 287.7 Sec. 3. [169N.13] [CONDUCT INTENDED TO ESCAPE TAX.] 287.8 It is unlawful for a person: 287.9 (a) with intent to escape payment of any tax on a motor 287.10 vehicle, to delay or neglect to properly list and apply to 287.11 register the motor vehicle; or 287.12 (b) with intent to prevent the payment or collection of the 287.13 proper tax, fee, or lien thereon, to violate or neglect to 287.14 comply with any provision of this chapter or chapter 168 (motor 287.15 vehicle registration and taxation). 287.16 Sec. 4. [169N.133] [SECOND DEGREE MISDEMEANOR CONDUCT 287.17 INTENDED TO ESCAPE TAX.] 287.18 Whoever violates section 169N.13 is guilty of a second 287.19 degree misdemeanor, if the amount of the tax, fee, or lien is 287.20 $500 or more. 287.21 Sec. 5. [169N.135] [THIRD DEGREE MISDEMEANOR CONDUCT 287.22 INTENDED TO ESCAPE TAX.] 287.23 Except as provided in section 169N.133, whoever violates 287.24 section 169N.13 is guilty of a third degree misdemeanor. 287.25 Sec. 6. [169N.15] [OTHER LICENSE PLATE VIOLATIONS.] 287.26 Subdivision 1. [UNAUTHORIZED LOAN OR USE OF LICENSE 287.27 PLATE.] It is unlawful for a person to: 287.28 (a) lend or use a license plate upon or in connection with 287.29 a motor vehicle except the one for which the plate was duly 287.30 issued; 287.31 (b) use a license plate upon a motor vehicle after the 287.32 plate, or the right to use the plate, has expired; or 287.33 (c) retain in possession or fail to surrender a license 287.34 plate required by this chapter to be surrendered. 287.35 Subd. 2. [UNAUTHORIZED MANUFACTURE, SALE, OR USE.] It is 287.36 unlawful for a person to manufacturer, buy, sell, use, or 288.1 display a motor vehicle license plate, motor vehicle 288.2 registration certificate, or tax receipt issued by this state or 288.3 any other state, territory, or district in the United States, 288.4 without proper authority from the state, territory, or district. 288.5 Subd. 3. [ALTERATION OF PLATE OR CERTIFICATE.] It is 288.6 unlawful for a person to: 288.7 (a) deface or alter a license plate or registration 288.8 certificate; or 288.9 (b) retain in possession a license plate or registration 288.10 certificate after it has been defaced or altered. 288.11 Subd. 4. [OTHER UNLAWFUL ACTS.] It is unlawful for a 288.12 person to: 288.13 (a) use or cause a motor vehicle to be used or operated in 288.14 violation of this chapter or chapter 168; 288.15 (b) use or cause a motor vehicle to be used or operated 288.16 while a certificate of registration of a motor vehicle issued to 288.17 the person is suspended or revoked; 288.18 (c) knowingly deliver a motor vehicle to another to be used 288.19 or operated in violation of this chapter or chapter 168; or 288.20 (d) violate any provision of this chapter or chapter 168. 288.21 Subd. 5. [OFFICER MAY SEIZE LICENSE PLATES.] If a peace 288.22 officer stops a motor vehicle and determines, through a check of 288.23 the motor vehicle registration record system, that the vehicle 288.24 is being operated while the certificate of registration for the 288.25 vehicle is revoked, the officer may immediately seize the 288.26 vehicle's license plates and destroy the plates or return them 288.27 to the commissioner. 288.28 Sec. 7. [169N.155] [THIRD DEGREE MISDEMEANOR LICENSE PLATE 288.29 VIOLATION.] 288.30 Whoever violates section 169N.15 is guilty of a third 288.31 degree misdemeanor. 288.32 IMPOUNDING LICENSE PLATES 288.33 Sec. 8. [169N.21] [IMPOUNDING LICENSE PLATES.] 288.34 Subdivision 1. [DRIVING AFTER LICENSE INVALIDATED.] (a) 288.35 When a person is convicted of driving a self-propelled motor 288.36 vehicle after the suspension, revocation, or cancellation of the 289.1 person's driver's license or driving privileges, the court shall 289.2 require the license plates of the self-propelled motor vehicle 289.3 involved in the violation owned by the person or registered in 289.4 the person's name to be surrendered to the court. The court 289.5 shall issue a receipt for the surrendered plates. 289.6 (b) If the violator is not the owner of the vehicle, the 289.7 court shall require the plates to be surrendered to the court if 289.8 the violator used the vehicle with the owner's permission and 289.9 the owner knew before the violator committed the offense that 289.10 the violator's driver's license had been revoked or suspended. 289.11 Subd. 2. [MOVING VIOLATION AFTER CONVICTION FOR DRIVING 289.12 WITHOUT LICENSE.] If a person is convicted of violating a law or 289.13 ordinance, except a parking law or ordinance, regulating the 289.14 operation of motor vehicles on the highways, and the violator's 289.15 record shows a previous conviction for driving after suspension 289.16 or revocation of driver's license or driving privileges, the 289.17 court may direct the commissioner to suspend the violator's 289.18 driver's license for a period not exceeding one year. The court 289.19 may also require the license plates of any self-propelled motor 289.20 vehicle owned by the violator or registered in the violator's 289.21 name to be surrendered to the court. 289.22 Subd. 3. [MANDATORY LICENSE REVOCATION OFFENSE.] Except as 289.23 otherwise provided in section 169N.23, if a person is convicted 289.24 of an offense that makes mandatory the revocation of the 289.25 person's driver's license, or is convicted of driving a 289.26 self-propelled motor vehicle without having a valid driver's 289.27 license in force, the court may require the license plates of 289.28 any self-propelled motor vehicle owned by the person or 289.29 registered in the person's name to be surrendered to the court. 289.30 Subd. 4. [IMPOUNDMENT ORDER; PLATES SURRENDERED.] If the 289.31 court issues an impoundment order, the license plates must be 289.32 surrendered to the court either three days after the order is 289.33 issued or on the date specified by the court, whichever date is 289.34 later. The court may destroy the surrendered plates. Except as 289.35 provided in subdivision 6 or 7, no new plates may be issued to 289.36 the violator or owner until the violator's driver's license is 290.1 reissued or reinstated. The court shall notify the commissioner 290.2 within ten days after issuing an impoundment order. The 290.3 commissioner shall adopt rules necessary to implement this 290.4 subdivision. 290.5 Subd. 5. [REVOCATION RESCINDED.] If the driver's license 290.6 revocation that is the basis for an impoundment order is 290.7 rescinded, the commissioner shall issue new license plates for 290.8 the vehicle at no cost, when the commissioner receives an 290.9 application that includes a copy of the order rescinding the 290.10 driver's license revocation. 290.11 Subd. 6. [SPECIAL SERIES PLATES.] (a) A violator or owner 290.12 may apply to the commissioner for new license plates bearing a 290.13 special series of numbers or letters readily identifiable by 290.14 traffic law enforcement officers. The commissioner may 290.15 authorize special plates if: 290.16 (1) a member of the violator's household has a valid 290.17 driver's license; 290.18 (2) the violator or owner has a limited license issued 290.19 under section 169J.75; or 290.20 (3) the owner is not the violator and the owner has a valid 290.21 or limited license or a member of the owner's household has a 290.22 valid driver's license. 290.23 (b) The commissioner may issue the special plates on 290.24 payment of a $25 fee for each vehicle for which special plates 290.25 are requested. The commissioner may not authorize special 290.26 plates unless the court that impounded the vehicle's plates 290.27 gives written approval for special plates to be issued. 290.28 (c) Until the violator's driver's license is reinstated or 290.29 reissued, the violator shall inform the commissioner that an 290.30 impoundment order is in effect when requesting new license 290.31 plates. 290.32 Subd. 7. [TRANSFERRING VEHICLE WHEN PLATES IMPOUNDED.] (a) 290.33 A registered owner may not sell a motor vehicle during the time 290.34 its license plates are ordered surrendered or during the time 290.35 its license plates bear a special series number, unless the 290.36 registered owner applies to the court that impounded the plates, 291.1 for consent to transfer title to the motor vehicle. If the 291.2 court is satisfied that the proposed sale is in good faith and 291.3 for a valid consideration, that the registered owner will be 291.4 deprived of custody and control of the motor vehicle, and that 291.5 the sale is not for the purpose of circumventing this section, 291.6 it may certify its consent to the commissioner. The 291.7 commissioner shall then transfer the certificate of title to the 291.8 new owner upon proper application and issue new license plates. 291.9 (b) After license plates have been ordered surrendered to 291.10 the court under this section, if the title to the motor vehicle 291.11 is transferred by foreclosure of a chattel mortgage, 291.12 cancellation of a conditional sales contract, sale upon 291.13 execution, or court decree or order, the commissioner shall 291.14 transfer the certificate of title and issue new license plates 291.15 to the new registered owner. 291.16 Subd. 8. [RELATION TO VEHICLE TAXATION LAWS.] Nothing 291.17 contained in this section or section 169N.23 changes any 291.18 provision of chapter 168 regarding the taxation of motor 291.19 vehicles or the time within which motor vehicle taxes must be 291.20 paid. 291.21 Subd. 9. [UNLAWFUL ACTS.] It is unlawful for a person to: 291.22 (a) fail to surrender any license plates to the court upon 291.23 demand under this section; 291.24 (b) operate a motor vehicle on a highway at a time when a 291.25 court has ordered the surrender of its license plates; or 291.26 (c) fail to comply with subdivision 6, paragraph (c). 291.27 Sec. 9. [169N.215] [THIRD DEGREE MISDEMEANOR UNLAWFUL 291.28 CONDUCT REGARDING PLATE IMPOUNDMENT.] 291.29 Whoever violates section 169N.21, subdivision 9, is guilty 291.30 of a third degree misdemeanor. 291.31 Sec. 10. [169N.23] [ADMINISTRATIVE IMPOUNDMENT OF PLATES.] 291.32 Subdivision 1. [ISSUANCE OF IMPOUNDMENT ORDER.] The 291.33 commissioner shall issue a license plate impoundment order when: 291.34 (a) a person's driver's license or driving privileges are 291.35 revoked in this state or another state for a third violation 291.36 within five years, or a fourth or subsequent violation within 15 292.1 years, of section 169B.11 (driver under influence), section 292.2 169B.41 (refusal to test), or a statute or ordinance from 292.3 another state in conformity with either section; 292.4 (b) a person's driver's license or driving privileges are 292.5 revoked for a violation of section 169B.115, paragraph (b) 292.6 (driver under influence with child under 16 in vehicle), within 292.7 five years after one previous violation or within 15 years after 292.8 two or more previous violations of a provision specified in 292.9 paragraph (a); or 292.10 (c) a person is arrested for or charged with violating: 292.11 (1) section 169J.65 (driving after withdrawal of driving 292.12 privileges) while the person's driver's license or driving 292.13 privileges are canceled under section 169J.05, subdivision 1, 292.14 paragraph (k) (inimical to public safety); or 292.15 (2) section 169B.115, subdivision 1, paragraph (e) (driver 292.16 under influence before reinstatement following prior 292.17 substance-related loss of license). 292.18 Subd. 2. [CONTENTS OF IMPOUNDMENT ORDER.] The order shall 292.19 require the impoundment of the license plates of the 292.20 self-propelled motor vehicle involved in the violation and all 292.21 self-propelled motor vehicles owned by, registered, or leased in 292.22 the violator's name, including self-propelled motor vehicles 292.23 registered jointly or leased in the name of the violator and 292.24 another. The commissioner shall not issue an impoundment order 292.25 for the license plates of a vehicle registered in another state, 292.26 or of, a passenger vehicle, truck, motorcycle, or motorized 292.27 bicycle: 292.28 (a) that is leased in the violator's name, or leased 292.29 jointly in the name of the violator and the violator's spouse; 292.30 and 292.31 (b) that is one of a fleet of two or more vehicles rented 292.32 for periods of 30 days or less. 292.33 Subd. 3. [IMPOUNDMENT NOTICE.] An impoundment order is 292.34 effective when the commissioner, or a peace officer acting on 292.35 the commissioner's behalf notifies the violator or the 292.36 registered owner of the self-propelled motor vehicle of the 293.1 impoundment order. The notice must advise the violator of the 293.2 duties and obligations set forth in subdivision 6 and of the 293.3 right to obtain administrative and judicial review. An 293.4 impoundment notice to a registered owner who is not the violator 293.5 must describe the procedure to obtain new license plates under 293.6 subdivision 8. If mailed, the impoundment notice and 293.7 impoundment order are considered received three days after 293.8 mailing to the violator's or registered owner's last known 293.9 address. 293.10 Subd. 4. [PEACE OFFICER AS AGENT FOR COMMISSIONER.] On 293.11 behalf of the commissioner, in the circumstances specified in 293.12 subdivision 1, paragraph (a) or (c), a peace officer issuing a 293.13 notice of intent to revoke and of revocation under section 293.14 169B.11 shall also serve an impoundment notice and impoundment 293.15 order. If the vehicle is accessible when the officer issues the 293.16 impoundment order, the officer shall seize the license plates 293.17 subject to the impoundment order. The officer shall destroy 293.18 plates seized or impounded under this section. The officer 293.19 shall send the commissioner copies of the impoundment notice and 293.20 impoundment order, and of a notice that the license plates 293.21 impounded and seized under this section have been destroyed. 293.22 Subd. 5. [TEMPORARY PERMIT.] If the self-propelled motor 293.23 vehicle is registered to the violator, the officer shall issue a 293.24 temporary vehicle permit that is valid for seven days when the 293.25 officer issues the notices under subdivision 4. If the 293.26 self-propelled motor vehicle is registered in the name of 293.27 another, the officer shall issue a temporary vehicle permit that 293.28 is valid for 45 days when the notices are issued under 293.29 subdivision 3. The permit must be in a form determined by the 293.30 commissioner. A permit is valid only for the vehicle for which 293.31 it is issued. 293.32 Subd. 6. [VEHICLES SUBJECT TO IMPOUNDMENT ORDERS.] Within 293.33 seven days after the impoundment notice is issued, a person who 293.34 receives an impoundment notice and impoundment order shall 293.35 surrender all license plates subject to the impoundment order 293.36 that were not seized by a peace officer under subdivision 4. 294.1 Plates required to be surrendered under this subdivision must be 294.2 surrendered to a Minnesota police department, sheriff, or the 294.3 state patrol, along with a copy of the impoundment order. A law 294.4 enforcement agency receiving plates under this subdivision shall 294.5 destroy the plates and notify the commissioner that they have 294.6 been destroyed. The notification to the commissioner shall also 294.7 include a copy of the impoundment order. 294.8 Subd. 7. [VEHICLE NOT OWNED BY VIOLATOR.] Within seven 294.9 days after an impoundment order is issued, a violator may file 294.10 with the commissioner a sworn statement stating any material 294.11 information relating to the impoundment order, including that 294.12 the vehicle has been sold or destroyed and supplying the date, 294.13 name, location, and address of the person or entity that 294.14 purchased or destroyed the vehicle. The commissioner shall 294.15 rescind the impoundment order if the violator shows that the 294.16 impoundment order was not properly issued. 294.17 Subd. 8. [REISSUANCE OF LICENSE PLATES.] (a) The 294.18 commissioner shall rescind the impoundment order of a person 294.19 subject to an order under this section, other than the violator, 294.20 if: 294.21 (1) the violator had a valid driver's license on the date 294.22 of the violation and the person files with the commissioner an 294.23 acceptable sworn statement containing the following information: 294.24 (i) that the person is the registered owner of the vehicle 294.25 from which the plates have been impounded under this section; 294.26 (ii) that the person is the current owner and possessor of 294.27 the vehicle used in the violation; 294.28 (iii) the date on which the violator obtained the vehicle 294.29 from the registered owner; 294.30 (iv) the registered owner's and violator's residence 294.31 addresses on the date the violator obtained the vehicle from the 294.32 registered owner; 294.33 (v) that the person was not a passenger in the vehicle at 294.34 the time of the violation; and 294.35 (vi) that the person knows that the violator may not drive, 294.36 operate, or be in physical control of a vehicle without a valid 295.1 driver's license; or 295.2 (2) the violator did not have a valid driver's license on 295.3 the date of the violation and the person before the violation 295.4 made a report to a law enforcement agency stating that the 295.5 vehicle had been taken from the person's possession or was being 295.6 used without permission. 295.7 (b) A person who failed to make a report as provided in 295.8 paragraph (a), clause (2), may be issued special license plates 295.9 under subdivision 12 for a period of one year after the 295.10 effective date of the impoundment order. At the next 295.11 registration renewal following this one-year period, the person 295.12 may apply for regular license plates. 295.13 (c) If the impoundment order is rescinded, the owner shall 295.14 receive new license plates at no cost, if the plates were seized 295.15 and destroyed. 295.16 Subd. 9. [ADMINISTRATIVE REVIEW.] (a) At any time during 295.17 the effective period of an impoundment order, a person may 295.18 request in writing a review of the impoundment order by the 295.19 commissioner. On receiving a request, the commissioner or the 295.20 commissioner's designee shall review the impoundment order, the 295.21 evidence upon which the order was based, and any other material 295.22 information brought to the commissioner's attention, and 295.23 determine whether sufficient cause exists to sustain the order. 295.24 The commissioner shall report in writing the results of the 295.25 review within 15 days after receiving the request. The review 295.26 provided in this subdivision is not subject to the contested 295.27 case provisions of chapter 14. As a result of this review, the 295.28 commissioner may issue new license plates at no cost to the 295.29 registered owner of the vehicle if the registered owner's 295.30 license or driving privileges were not revoked under section 295.31 169B.11 (driver under influence) or 169B.41 (refusal to test). 295.32 (b) Review under this subdivision shall take place, if 295.33 possible, at the same time as any administrative review of the 295.34 person's license revocation under section 169B.35, subdivision 9. 295.35 Subd. 10. [PETITION FOR JUDICIAL REVIEW.] (a) Within 30 295.36 days after receiving a notice and order of impoundment under 296.1 this section, a person may petition the court for review. The 296.2 petition must include the petitioner's date of birth and 296.3 driver's license number, and the date of the violation. The 296.4 petition shall state with specificity the grounds upon which the 296.5 petitioner seeks rescission of the impoundment order. The 296.6 petition may be combined with a petition filed under section 296.7 169B.37, subdivision 1. 296.8 (b) Except as otherwise provided in this section, the 296.9 judicial review and hearing are governed by section 169B.37, and 296.10 shall take place at the same time as any judicial review of the 296.11 person's license revocation under section 169B.37. The filing 296.12 of the petition does not stay the impoundment order. If the 296.13 hearing is not conducted within 60 days after the petition is 296.14 filed, the reviewing court may order a stay of the rest of the 296.15 impoundment period upon terms the court considers proper. The 296.16 court shall order that the impoundment be either rescinded or 296.17 sustained, and forward the order to the commissioner. The court 296.18 shall file its order within 14 days after the hearing. 296.19 (c) In addition to the issues described in section 169B.37, 296.20 subdivision 3, the scope of a hearing under this subdivision is 296.21 limited to the following issues: 296.22 (1) Is the violator a person who owns, is the registered 296.23 owner of, possesses, or has access to the vehicle used in the 296.24 violation? 296.25 (2) Does a member of the violator's household have a valid 296.26 driver's license? 296.27 (3) Does the violator or registered owner have a limited 296.28 license issued under section 169J.75? 296.29 (4) Is the registered owner the violator? 296.30 (5) Does the registered owner have a valid or limited 296.31 driver's license? 296.32 (6) Does a member of the registered owner's household have 296.33 a valid driver's license? 296.34 (7) If the impoundment is based on a violation described in 296.35 subdivision 1, paragraph (c), did the peace officer have 296.36 probable cause to believe the violator committed the violation? 297.1 (8) If the impoundment is based on a violation described in 297.2 subdivision 1, paragraph (c), does the evidence demonstrate that 297.3 the violation occurred? 297.4 (d) In a hearing under this subdivision, the following are 297.5 admissible in evidence: 297.6 (1) certified copies of the violator's driving record; and 297.7 (2) certified copies of vehicle registration records 297.8 bearing the violator's name. 297.9 Subd. 11. [NEW PLATES UPON RESCISSION OF REVOCATION, 297.10 DISMISSAL OF CHARGES, OR ACQUITTAL.] (a) If the driver's license 297.11 revocation that is the basis for an impoundment order is 297.12 rescinded, and the commissioner receives an application that 297.13 includes a copy of the order rescinding the driver's license 297.14 revocation, the commissioner shall issue new license plates for 297.15 the vehicle at no cost. 297.16 (b) If the impoundment order was based on a violation 297.17 described in subdivision 1, paragraph (c), and the charges are 297.18 dismissed with prejudice or the violator is acquitted of the 297.19 violation, and the commissioner receives an application that 297.20 includes a copy of the order dismissing the charges or of the 297.21 judgment of acquittal, the commissioner shall issue new license 297.22 plates for the vehicle at no cost. 297.23 Subd. 12. [ISSUING SPECIAL LICENSE PLATES.] (a) A violator 297.24 or registered owner may apply to the commissioner for new 297.25 license plates bearing a special series of numbers or letters 297.26 readily identifiable by traffic law enforcement officers. 297.27 (b) The commissioner may authorize the issuance of special 297.28 plates if: 297.29 (1) the violator has a qualified licensed driver whom the 297.30 violator must identify; 297.31 (2) the violator or registered owner has a limited license 297.32 issued under section 169J.75; 297.33 (3) the registered owner is not the violator and the 297.34 registered owner has a valid or limited driver's license; or 297.35 (4) a member of the registered owner's household has a 297.36 valid driver's license. 298.1 (c) The commissioner may issue the special plates on 298.2 payment of a $25 fee for each vehicle for which special plates 298.3 are requested. 298.4 Subd. 13. [SALE OF VEHICLE SUBJECT TO IMPOUNDMENT ORDER.] 298.5 (a) A registered owner may not sell a self-propelled motor 298.6 vehicle during the time its license plates have been ordered 298.7 impounded or during the time its plates bear a special series 298.8 number, unless: 298.9 (1) the sale is for a valid consideration; 298.10 (2) the transferee does not reside in the same household as 298.11 the registered owner; and 298.12 (3) all elements of section 168A.10 (transfer of interest 298.13 by owner) are satisfied. 298.14 (b) In the situation specified in paragraph (a), the 298.15 commissioner may transfer the title to the new owner upon proper 298.16 application and issue new plates. 298.17 Subd. 14. [ACQUIRING ANOTHER VEHICLE.] If, during the 298.18 effective period of the plate impoundment, the violator applies 298.19 to the commissioner for license plates for a vehicle, the 298.20 commissioner shall not issue plates unless the violator 298.21 qualifies for special plates under subdivision 12 and unless the 298.22 plates issued are special plates as described in subdivision 12. 298.23 Subd. 15. [UNLAWFUL ACTS.] A person commits an unlawful 298.24 act if the person: 298.25 (a) fails to comply with an impoundment order under this 298.26 section; 298.27 (b) files a false statement under subdivision 5 or 6; 298.28 (c) operates a self-propelled motor vehicle on a highway 298.29 when the vehicle is subject to an impoundment order issued under 298.30 this section; or 298.31 (d) fails to notify the commissioner of the impoundment 298.32 order when requesting new plates. 298.33 Sec. 11. [169N.235] [THIRD DEGREE MISDEMEANOR UNLAWFUL 298.34 CONDUCT REGARDING ADMINISTRATIVE PLATE IMPOUNDMENT.] 298.35 Whoever violates section 169N.23, subdivision 15, is guilty 298.36 of a third degree misdemeanor. 299.1 COMMERCIAL TRANSPORTATION 299.2 Sec. 12. [169N.31] [ONE-WAY TRIP PERMIT.] 299.3 When a person seeks to operate a motor vehicle carrying no 299.4 load or to tow a manufactured home owned by a nonresident upon 299.5 the highways of this state solely for the purpose of 299.6 transporting it from a point outside the state to another point 299.7 outside the state, and the vehicle is not otherwise exempt from 299.8 registration and taxation as provided by law, the owner need not 299.9 display license plates under section 169N.11 if the person: 299.10 (a) has a one-way trip permit issued under section 168.82; 299.11 or 299.12 (b) is proceeding with the vehicle into the state, not more 299.13 than 35 miles, to the nearest city in which a deputy registrar 299.14 is located to secure the permit. 299.15 Sec. 13. [169N.33] [INTERCITY BUS.] 299.16 It is unlawful to operate an intercity bus, as defined in 299.17 section 168.61, subdivision 1, within the state unless it has 299.18 either: 299.19 (a) Minnesota license plates; or 299.20 (b) special identification plates or certificates issued 299.21 under section 168.62. 299.22 Sec. 14. [169N.35] [RENTAL TRUCK OR TRAILER.] 299.23 A rental truck or rental trailer defined in section 168.841 299.24 may be used within the state only if the owner complies with 299.25 sections 168.841 to 168.846 (registration and taxation of rental 299.26 trucks and trailers). 299.27 ARTICLE 12 299.28 MOTOR VEHICLE REGISTRATION, TAXATION, SALE 299.29 Section 1. [168.005] [INFRACTION VIOLATION OF CHAPTER.] 299.30 Whoever violates a provision of this chapter is guilty of 299.31 an infraction unless a provision of this chapter or other law of 299.32 this state specifies other punishment for the violation. 299.33 Sec. 2. Minnesota Statutes 1996, section 168.013, 299.34 subdivision 1e, is amended to read: 299.35 Subd. 1e. [TRUCKS; TRACTORS; COMBINATIONS; EXCEPTIONS.] 299.36 (a) On trucks and tractors except those in this chapter defined 300.1 as farm trucks, on truck-tractor and semitrailer combinations 300.2 except those defined as farm combinations, and on commercial 300.3 zone vehicles, the tax based on total gross weight shall be 300.4 graduated according to the Minnesota base rate schedule 300.5 prescribed in this subdivision, but in no event less than $120. 300.6 Minnesota Base Rate Schedule 300.7 Scheduled taxes include five percent 300.8 surtax provided for in subdivision 14 300.9 TOTAL GROSS WEIGHT 300.10 IN POUNDS TAX 300.11 A 0 - 1,500 $ 15 300.12 B 1,501 - 3,000 20 300.13 C 3,001 - 4,500 25 300.14 D 4,501 - 6,000 35 300.15 E 6,001 - 9,000 45 300.16 F 9,001 - 12,000 70 300.17 G 12,001 - 15,000 105 300.18 H 15,001 - 18,000 145 300.19 I 18,001 - 21,000 190 300.20 J 21,001 - 26,000 270 300.21 K 26,001 - 33,000 360 300.22 L 33,001 - 39,000 475 300.23 M 39,001 - 45,000 595 300.24 N 45,001 - 51,000 715 300.25 O 51,001 - 57,000 865 300.26 P 57,001 - 63,000 1015 300.27 Q 63,001 - 69,000 1185 300.28 R 69,001 - 73,280 1325 300.29 S 73,281 - 78,000 1595 300.30 T 78,001 - 81,000 1760 300.31 (b) For purposes of the Minnesota base rate schedule, for 300.32 vehicles with six or more axles in the "S" and "T" categories, 300.33 the base rates are $1,520 and $1,620 respectively. 300.34 (c) For each vehicle with a gross weight in excess of 300.35 81,000 pounds an additional tax of $50 is imposed for each ton 300.36 or fraction thereof in excess of 81,000 pounds, subject to 301.1 subdivision 12. 301.2 (d) Truck-tractors except those herein defined as farm and 301.3 commercial zone vehicles shall be taxed in accord with the 301.4 foregoing gross weight tax schedule on the basis of the combined 301.5 gross weight of the truck-tractor and any semitrailer or 301.6 semitrailers which the applicant proposes to combine with the 301.7 truck-tractor. 301.8 (e) Commercial zone trucks include only trucks, 301.9 truck-tractors, and semitrailer combinations which are: 301.10 (1) used by an authorized local cartage carrier operating 301.11 under a permit issued under section 221.296 and whose gross 301.12 transportation revenue consists of at least 60 percent obtained 301.13 solely from local cartage carriage, and are operated solely 301.14 within an area composed of two contiguous cities of the first 301.15 class and municipalities contiguous thereto as defined by 301.16 section 221.011, subdivision 17; or 301.17 (2) operated by an interstate carrier registered under 301.18 section 221.60, or by an authorized local cartage carrier or 301.19 other carrier receiving operating authority under chapter 221, 301.20 and operated solely within a zone exempt from regulation by the 301.21 interstate commerce commission pursuant to United States Code, 301.22 title 49, section 10526, subsection (b). 301.23 (f) The license plates issued for commercial zone vehicles 301.24 shall be plainly marked. A person operating a commercial zone 301.25 vehicle outside the zone or area in which its operation is 301.26 authorized is guilty ofa misdemeanoran unlawful act and, in 301.27 addition to the penalty therefor, shall have the registration of 301.28 the vehicle as a commercial zone vehicle revoked by the 301.29 registrar and shall be required to reregister the vehicle at 100 301.30 percent of the full annual tax prescribed in the Minnesota base 301.31 rate schedule, and no part of this tax shall be refunded during 301.32 the balance of the registration year. 301.33 (g) On commercial zone trucks the tax shall be based on the 301.34 total gross weight of the vehicle and during each of the first 301.35 eight years of vehicle life shall be 75 percent of the Minnesota 301.36 base rate schedule. During the ninth and succeeding years of 302.1 vehicle life the tax shall be 50 percent of the Minnesota base 302.2 rate schedule. 302.3 (h) On trucks, truck-tractors and semitrailer combinations, 302.4 except those defined as farm trucks and farm combinations, and 302.5 except for those commercial zone vehicles specifically provided 302.6 for in this subdivision, the tax for each of the first eight 302.7 years of vehicle life shall be 100 percent of the tax imposed in 302.8 the Minnesota base rate schedule, and during the ninth and 302.9 succeeding years of vehicle life, the tax shall be 75 percent of 302.10 the Minnesota base rate prescribed by this subdivision. 302.11 (i) For the purpose of registration, trailers coupled with 302.12 a truck-tractor, semitrailer combination are semitrailers. 302.13 Sec. 3. Minnesota Statutes 1996, section 168.013, 302.14 subdivision 3, is amended to read: 302.15 Subd. 3. [APPLICATION; CANCELLATION; EXCESSIVE GROSS 302.16 WEIGHTS FORBIDDEN.] (a) The applicant for all licenses based on 302.17 gross weight shall state in writing upon oath, the unloaded 302.18 weight of the motor vehicle, trailer or semitrailer and the 302.19 maximum load the applicant proposes to carry thereon, the sum of 302.20 which shall constitute the gross weight upon which the license 302.21 tax shall be paid, but in no case shall the declared gross 302.22 weight upon which the tax is paid be less than 1-1/4 times the 302.23 declared unloaded weight of the motor vehicle, trailer or 302.24 semitrailer to be registered, except recreational vehicles taxed 302.25 under subdivision 1g, school buses taxed under subdivision 18 302.26 and tow trucks or towing vehicles defined in section169.01,302.27subdivision 52169A.05. The gross weight of a tow truck or 302.28 towing vehicle is the actual weight of the tow truck or towing 302.29 vehicle fully equipped, but does not include the weight of a 302.30 wrecked or disabled vehicle towed or drawn by the tow truck or 302.31 towing vehicle. 302.32 (b) The gross weight of no motor vehicle, trailer or 302.33 semitrailer shall exceed the gross weight upon which the license 302.34 tax has been paid by more than four percent or 1,000 pounds, 302.35 whichever is greater. 302.36 (c) The gross weight of the motor vehicle, trailer or 303.1 semitrailer for which the license tax is paid shall be indicated 303.2 by a distinctive character on the license plate or plates except 303.3 as provided in subdivision 12 and the plate or plates shall be 303.4 kept clean and clearly visible at all times. 303.5 (d) The owner, driver, or user of a motor vehicle, trailer 303.6 or semitrailer upon conviction for transporting a gross weight 303.7 in excess of the gross weight for which it was registered or for 303.8 operating a vehicle with an axle weight exceeding the maximum 303.9 lawful axle load weight shall be guilty ofa misdemeanoran 303.10 unlawful act and be subject to increased registration or 303.11 reregistration according to the following schedule: 303.12 (1) The owner, driver or user of a motor vehicle, trailer 303.13 or semitrailer upon conviction for transporting a gross weight 303.14 in excess of the gross weight for which it is registered by more 303.15 than four percent or 1,000 pounds, whichever is greater, but 303.16 less than 25 percent or for operating or using a motor vehicle, 303.17 trailer or semitrailer with an axle weight exceeding the maximum 303.18 lawful axle load as provided in section169.825169G.51 by more 303.19 than four percent or 1,000 pounds, whichever is greater, but 303.20 less than 25 percent, in addition to any penalty imposed for the 303.21misdemeanorunlawful act shall apply to the registrar to 303.22 increase the authorized gross weight to be carried on the 303.23 vehicle to a weight equal to or greater than the gross weight 303.24 the owner, driver, or user was convicted of carrying, the 303.25 increase computed for the balance of the calendar year on the 303.26 basis of 1/12 of the annual tax for each month remaining in the 303.27 calendar year beginning with the first day of the month in which 303.28 the violation occurred. If the additional registration tax 303.29 computed upon that weight, plus the tax already paid, amounts to 303.30 more than the regular tax for the maximum gross weight permitted 303.31 for the vehicle under section169.825169G.51, that additional 303.32 amount shall nevertheless be paid into the highway fund, but the 303.33 additional tax thus paid shall not permit the vehicle to be 303.34 operated with a gross weight in excess of the maximum legal 303.35 weight as provided by section169.825169G.51. Unless the owner 303.36 within 30 days after a conviction shall apply to increase the 304.1 authorized weight and pay the additional tax as provided in this 304.2 section, the registrar shall revoke the registration on the 304.3 vehicle and demand the return of the registration card and 304.4 plates issued on that registration. 304.5 (2) The owner or driver or user of a motor vehicle, trailer 304.6 or semitrailer upon conviction for transporting a gross weight 304.7 in excess of the gross weight for which the motor vehicle, 304.8 trailer or semitrailer was registered by 25 percent or more, or 304.9 for operating or using a vehicle or trailer with an axle weight 304.10 exceeding the maximum lawful axle load as provided in section 304.11169.825169G.51 by 25 percent or more, in addition to any 304.12 penalty imposed for themisdemeanorunlawful act, shall have the 304.13 reciprocity privileges on the vehicle involved if the vehicle is 304.14 being operated under reciprocity canceled by the registrar, or 304.15 if the vehicle is not being operated under reciprocity, the 304.16 certificate of registration on the vehicle operated shall be 304.17 canceled by the registrar and the registrar shall demand the 304.18 return of the registration certificate and registration plates. 304.19 The registrar may not cancel the registration or reciprocity 304.20 privileges for any vehicle found in violation of seasonal load 304.21 restrictions imposed under section169.87169G.61 unless the 304.22 axle weight exceeds the year-round weight limit for the highway 304.23 on which the violation occurred. The registrar may investigate 304.24 any allegation of gross weight violations and demand that the 304.25 operator show cause why all future operating privileges in the 304.26 state should not be revoked unless the additional tax assessed 304.27 is paid. 304.28 (3) Clause (1) does not apply to the first haul of 304.29 unprocessed or raw farm products or unfinished forest products, 304.30 when the registered gross weight is not exceeded by more than 304.31 ten percent. For purposes of this clause, "first haul" means (i) 304.32 the first, continuous transportation of unprocessed or raw farm 304.33 products from the place of production or on-farm storage site to 304.34 any other location within 50 miles of the place of production or 304.35 on-farm storage site, or (ii) the first, continuous 304.36 transportation of unfinished forest products from the place of 305.1 production to the place of first unloading. 305.2 (4) When the registration on a motor vehicle, trailer or 305.3 semitrailer is revoked by the registrar according to provisions 305.4 of this section, the vehicle shall not be operated on the 305.5 highways of the state until it is registered or reregistered, as 305.6 the case may be, and new plates issued, and the registration fee 305.7 shall be the annual tax for the total gross weight of the 305.8 vehicle at the time of violation. The reregistration pursuant 305.9 to this subdivision of any vehicle operating under reciprocity 305.10 agreements pursuant to section 168.181 or 168.187 shall be at 305.11 the full annual registration fee without regard to the 305.12 percentage of vehicle miles traveled in this state. 305.13 Sec. 4. [168.043] [FEES FROM SALE OF SPECIAL PLATES AFTER 305.14 PLATE IMPOUNDMENT.] 305.15 Fees collected from the sale of license plates under 305.16 section 169N.21 (impounding license plates) and 169N.23 305.17 (administrative impoundment of plates) must be paid into the 305.18 state treasury and credited to the highway user tax distribution 305.19 fund. 305.20 Sec. 5. Minnesota Statutes 1996, section 168.056, is 305.21 amended to read: 305.22 168.056 [VIOLATION A MISDEMEANORAPPLICABILITY.] 305.23Any person violating the provisions of sections 168.053 to305.24168.055 shall be guilty of a misdemeanor. The provisions of305.25 Sections 168.053 to 168.057shalldo not applywhere suchwhen a 305.26 vehicle is being: 305.27 (a) towed as a temporary movement for the purpose of making 305.28 repairs, or for the purpose of pulling or towing such vehicle; 305.29 (b) pulled or towed from one point to anotherpointfor the 305.30 purpose of making repairs,; oron repossessed cars being305.31 (c) towed by an agent or employee of any person or bona 305.32 fide finance company in the statewhere suchwhen the towing is 305.33 incidental to the repossession ofsuchthe vehicle. 305.34 Sec. 6. [168.085] [SEMITRAILER PLATE; TEMPORARY PERMIT FOR 305.35 SPECIAL PLATE REPLACEMENT.] 305.36 Subdivision 1. [TEMPORARY PERMIT; SPECIAL PLATES.] (a) A 306.1 vehicle that displays special plates issued under section 306.2 168.021 (physically disabled person); 168.12, subdivision 2 306.3 (amateur radio plates), 2a (personalized plates), 2b 306.4 (firefighter plates), 2c (national guard plates), or 2d (ready 306.5 reserve plates); 168.123 (veteran plates); 168.124 306.6 (congressional medal of honor plates); 168.125 (POW plates); 306.7 168.126 (commuter van plates); 168.128 (limousine plates); or 306.8 168.129 (collegiate plates), may display a temporary permit in 306.9 conjunction with expired registration if: 306.10 (1) the current registration tax and all other fees have 306.11 been paid in full; and 306.12 (2) the plates require replacement under section 168.12, 306.13 subdivision 1, paragraph (3). 306.14 (b) The permit must be in a form prescribed by the 306.15 commissioner. The permit is valid only for the vehicle for 306.16 which it was issued to allow a reasonable time for the new 306.17 license plates to be manufactured and delivered to the applicant. 306.18 Subd. 2. [SEMITRAILER.] On a semitrailer as defined in 306.19 section 168.011, subdivision 14, a license plate must be 306.20 assigned to the registered owner as identification for the 306.21 vehicle and correlate with the certificate of title 306.22 documentation on file with the department. This plate does not 306.23 display a year designator. The registration card must designate 306.24 the plate for the plate to be valid. 306.25 Sec. 7. Minnesota Statutes 1996, section 168.101, 306.26 subdivision 2, is amended to read: 306.27 Subd. 2. [UNLAWFUL ACTS.] (a) Any person who knowingly 306.28 sells or in any manner knowingly transfers title of a passenger 306.29 automobile or truck to a person who is prohibited from owning a 306.30 passenger automobile or truck under the provisions of 306.31 subdivision 1 shall be guilty ofa misdemeanoran unlawful act. 306.32 (b) Any person who knowingly fails to mail in the 306.33 application for registration or transfer to the registrar of 306.34 motor vehicles or otherwise fails to submit said forms to the 306.35 registrar within 14 days following date of sale shall be guilty 306.36 ofa misdemeanoran unlawful act. 307.1 Sec. 8. Minnesota Statutes 1996, section 168.101, 307.2 subdivision 4, is amended to read: 307.3 Subd. 4. [DRIVER'S LICENSE SUSPENSION.]A person who307.4violates the provisions of this section is guilty of a307.5misdemeanor.The commissioner of public safety shall suspend, 307.6 for not less than one year, thedriversdriver's license of a 307.7 person who, while under the age of 18, misrepresents the 307.8 person's age on the statement required by subdivision 3. 307.9 Sec. 9. [168.1015] [THIRD DEGREE MISDEMEANOR OWNERSHIP BY 307.10 MINOR VIOLATION.] 307.11 Whoever violates section 168.101, subdivision 2, is guilty 307.12 of a third degree misdemeanor. 307.13 Sec. 10. [168.135] [LICENSE PLATE OR LICENSE TABS RENEWAL; 307.14 DELINQUENT TRAFFIC FINES.] 307.15 Subdivision 1. [DEFINITION OF TRAFFIC OFFENSE.] As used in 307.16 this section, "traffic offense" means a violation of a law 307.17 relating to the operation of a motor vehicle that is punishable 307.18 as an infraction or as a misdemeanor. 307.19 Subd. 2. [APPLICATION; NOTICE.] (a) When a person applies 307.20 for any motor vehicle license plates or license plate tabs, the 307.21 commissioner or deputy registrar receiving the application shall 307.22 search the computerized records system established under 307.23 subdivision 3 to determine whether the vehicle has been involved 307.24 in a traffic offense for which the records collected or 307.25 information reported under section 169A.65 indicate a delinquent 307.26 fine is owed. The commissioner or deputy registrar shall base 307.27 the determination of the existence of a delinquent fine upon a 307.28 notation to that effect on the current notice of motor vehicle 307.29 registration renewal sent to the owner of the vehicle or, if the 307.30 applicant does not present the notice, upon the computerized 307.31 records system established under subdivision 3. If a delinquent 307.32 fine is indicated, the commissioner or deputy registrar shall 307.33 notify the applicant as to the court to which payment of the 307.34 fine is due and the amount of each fine. 307.35 (b) This section applies to an application subsequent to a 307.36 transfer of ownership of the vehicle only if no sales tax was 308.1 paid upon the transfer of ownership. 308.2 Subd. 3. [COMPUTERIZED RECORDS SYSTEM; ACCESS.] (a) The 308.3 commissioner shall install, administer, and maintain in the 308.4 department of public safety an efficient, computerized database 308.5 records system dedicated solely as the repository for reports of 308.6 delinquent traffic offense fines. The commissioner shall 308.7 provide and specify equipment and interconnection 308.8 specifications, programming requirements, and training materials 308.9 needed to provide courts and deputy registrars access to this 308.10 system. 308.11 (b) This system must be designed to allow each court to 308.12 report and update by electronic communication directly with the 308.13 system's computer database those delinquent fines that remain 308.14 owing to the court. The system must be designed to allow access 308.15 by a deputy registrar to the system upon transmittal of the 308.16 deputy registrar's access code as assigned by the commissioner. 308.17 (c) On complying with these specifications, providing the 308.18 requisite database-accessing equipment and programming, and 308.19 providing the specified interconnection equipment, the 308.20 commissioner shall allow each deputy registrar direct computer 308.21 inquiry of this system. The system must allow electronic and 308.22 toll-free telephone access by deputy registrars as necessary to 308.23 perform their responsibilities under subdivision 4. The 308.24 commissioner shall not assess a deputy registrar transaction or 308.25 user costs, fees, or charges for inquiries required or necessary 308.26 to discharge the duties of a deputy registrar under this section. 308.27 (d) Access must include the records required by this 308.28 section and exclude only those records restricted by governing 308.29 state or federal data privacy laws. 308.30 (e) Before mailing a motor vehicle license plate or license 308.31 plate tabs renewal notice to the vehicle's owner, the 308.32 commissioner shall search the delinquent fine database to 308.33 determine whether there are any delinquent fines on record. The 308.34 commissioner shall record any delinquent fines on the renewal 308.35 notice. 308.36 Subd. 4. [DEPUTY REGISTRARS' RESPONSIBILITIES.] (a) On 309.1 receiving an application for license plates or license plate 309.2 tabs, the commissioner or a deputy registrar shall examine the 309.3 motor vehicle license plate or license plate tabs renewal notice 309.4 or access the computerized records system to discover whether 309.5 the vehicle has been involved in a traffic offense for which a 309.6 delinquent traffic fine is owed. On gaining access to the 309.7 system, the deputy registrar shall identify and communicate the 309.8 license plate number for which the information is requested. 309.9 (b) Neither the commissioner nor a deputy registrar may 309.10 issue license plates or license plate tabs if the renewal notice 309.11 or the response from the records system indicates that there is 309.12 a delinquent fine arising from a traffic offense involving the 309.13 vehicle for which the license plate was issued. A deputy 309.14 registrar may rely conclusively upon the renewal notice or the 309.15 response of the records system to the inquiry. 309.16 (c) An applicant may register the vehicle after paying or 309.17 otherwise satisfactorily disposing of all delinquent fines as 309.18 follows: 309.19 (1) by reapplying after paying the outstanding fines to the 309.20 appropriate courts and after each court's files of delinquent 309.21 fines have been recorded and updated in the commissioner's 309.22 computerized system; 309.23 (2) by presenting court receipts or statements certifying 309.24 that all delinquent fines have been paid or otherwise disposed 309.25 of to the satisfaction of all applicable courts; or 309.26 (3) by paying all outstanding delinquent fines, as recorded 309.27 in the commissioner's computerized records system, by 309.28 satisfactory payment to the deputy registrar, but only if the 309.29 particular deputy registrar elects to provide this service. A 309.30 deputy registrar electing to accept payments for fines under 309.31 this clause shall transmit all payments to the commissioner 309.32 including all fees, other than the deputy registrar fees, 309.33 collected as a result of the transaction. The commissioner 309.34 shall transmit the fines to the applicable courts on a monthly 309.35 basis. 309.36 (d) A deputy registrar may rely conclusively upon any 310.1 receipt or certified statement issued under paragraph (c), 310.2 clause (2), and purporting to be that of the court named in the 310.3 receipt or statement that the fines owed to that court have been 310.4 paid or otherwise satisfied. 310.5 Subd. 5. [IMPLEMENTATION; PHASE-IN; EFFECTIVE DATES; 310.6 APPROPRIATION.] Implementation, phase-in, effective dates, and 310.7 appropriation for subdivisions 1 to 4 are as provided in section 310.8 169A.65, subdivision 6. 310.9 Sec. 11. Minnesota Statutes 1996, section 168.27, 310.10 subdivision 12, is amended to read: 310.11 Subd. 12. [GROUNDS FOR SUSPENSION AND REVOCATION.] (a) The 310.12 commissioner may suspend or revoke a licensemay be suspended or310.13revoked by the registrar of motor vehiclesupon proof 310.14 satisfactory to theregistrarcommissioner of any of the 310.15 following: 310.16 (1)violationsviolation of anyof the provisionsprovision 310.17 of this chapter or chapter 168A (motor vehicle titles), 310.18 297B (sales tax on motor vehicles), 325E (regulation of trade 310.19 practices), or 325F (consumer protection); 310.20 (2) violation of, or refusal to comply with,the requests310.21anda request or order of theregistrarcommissioner; 310.22 (3) failure to make, or provide to theregistrar310.23 commissioner, all listings, notices, and reports required by the 310.24registrarcommissioner; 310.25 (4) failure to pay to theregistrarcommissioner all taxes, 310.26 fees, and arrears due from and bysuchthe dealer; 310.27 (5) failure to duly apply for renewal of licenseprovided310.28for herein; 310.29 (6) revocation of previous license, of which. The 310.30 commissioner's recordsof the registrarrelatingthereto shall310.31beto the revocation of a previous license are prima facie 310.32 evidence ofsuchthe previous revocation; 310.33 (7) failure of continued occupancy of an established place 310.34 of business; 310.35 (8) sale of a new and unused current model motor vehicle 310.36 other than the make of motor vehicle described in the franchise 311.1 or contract filed with the original application or renewal 311.2thereof, without the commissioner's permissionfrom the311.3registrar; 311.4 (9) sale of a new and unused current model motor vehicle to 311.5 anyone except: 311.6 (i) for consumer use,; or 311.7 (ii) to a dealer duly licensed to sell the same make of 311.8 motor vehicle; 311.9 (10) material misstatement or misrepresentation in the 311.10 application for license or renewalthereof; 311.11 (11) having advertised, printed, displayed, published, 311.12 distributed, broadcast, or televisedor; having caused or 311.13 permitted to be advertised, printed, displayed, published, 311.14 distributed, broadcast, or televisedin any manner whatsoever,; 311.15 or having made orallyany, a statement or representation with 311.16 regard to the sale, lease, or financing of motor vehicleswhich311.17 that is false, deceptive, or misleading; 311.18 (12) having been convicted of violating section 325F.69, or 311.19 having been enjoineddue tobecause of a violation of section 311.20 325F.69 (consumer fraud); 311.21 (13) having been convicted of violating the Minnesota 311.22 odometer law,sectionsections 325E.14, 325E.15, orto 325E.16, 311.23 or the federal odometer law, United States Code, title 15, 311.24 sections 1981 to 1991, as amended through December 31, 1984; or 311.25 (14)having been convicted of violating the sale of motor311.26vehicles on Sunday law, section 168.275; or311.27(15)having been convicted under section609.53609G.21 of 311.28receiving or sellingpossessing stolen vehicles. 311.29 (b) With respect toclauses (12), (13), and (15)paragraph 311.30 (a), clauses (12) to (14), theregistrarcommissioner may 311.31 suspend or revoke a license immediately upon receiving 311.32 certification of conviction or permanent injunction. A hearing 311.33 is required under subdivision 13 within 30 daysfollowingafter 311.34 a summary suspension or revocation under this paragraph, if the 311.35 licensee requests a hearingis requested by the licensee. 311.36 Sec. 12. Minnesota Statutes 1996, section 168.27, 312.1 subdivision 16, is amended to read: 312.2 Subd. 16. [PLATES: DISTINGUISHING NUMBERS, FEES, TAXES,312.3USES.](a) The registrar shall issue to every motor vehicle312.4dealer,Upon a request fromthea motor vehicle dealer licensed 312.5as provided inunder subdivision 2 or 3, the commissioner shall 312.6 issue to the dealer one or more plates displaying a general 312.7 distinguishing number. This subdivision does not apply to a 312.8 scrap metal processor, a used vehicle parts dealer, or a vehicle 312.9 salvage pool. The fee for each of the first four plates is $75 312.10 per calendar year, of which $60 must be paid to the 312.11registrarcommissioner and the remaining $15is payablepaid as 312.12 sales tax on motor vehicles under section 297B.035. For each 312.13 additional plate, the dealer shall pay theregistrar312.14 commissioner a fee of $25 and a sales tax on motor vehicles of 312.15 $15 per calendar year. Theregistrarcommissioner shall deposit 312.16 the tax in the state treasury and it shall be credited as 312.17 provided in section 297B.09.Motor vehicles, new or used, owned312.18by the motor vehicle dealership and bearing the number plate,312.19except vehicles leased to the user who is not an employee of the312.20dealer during the term of the lease, held for hire, or312.21customarily used by the dealer as a tow truck, service truck, or312.22parts vehicle, may be driven upon the streets and highways of312.23this state:312.24(1) by the motor vehicle dealer or dealer's spouse, or any312.25full-time employee of the motor vehicle dealer for either312.26private or business purposes;312.27(2) by a part-time employee when the use is directly312.28related to a particular business transaction of the dealer;312.29(3) for demonstration purposes by any prospective buyer312.30thereof for a period of 48 hours or in the case of a truck,312.31truck-tractor, or semitrailer, for a period of seven days; or312.32(4) in a promotional event that lasts no longer than four312.33days in which at least three motor vehicles are involved.312.34(b) A new or used motor vehicle sold by the motor vehicle312.35dealer and bearing the motor vehicle dealer's number plate may312.36be driven upon the public streets and highways for a period of313.172 hours by the buyer for either of the following purposes:313.2(1) removing the vehicle from this state for registration313.3in another state, or313.4(2) permitting the buyer to use the motor vehicle before313.5the buyer receives number plates pursuant to registration. Use313.6of a motor vehicle by the buyer under the provisions of clause313.7(2) of the preceding sentence before the buyer receives number313.8plates pursuant to registration constitutes a use of the public313.9streets or highways for the purpose of the time requirements for313.10registration of motor vehicles.313.11 Sec. 13. Minnesota Statutes 1996, section 168.27, 313.12 subdivision 19, is amended to read: 313.13 Subd. 19. [VIOLATIONS.]AnyIt is unlawful for a person, 313.14 copartnership, or corporation, domestic or foreign, andanyan 313.15 officer,ordirector, or employee of a corporation,domestic or313.16foreign, who shallto violate or neglect, fail, or refuse to 313.17 comply with anyof the provisionsprovision of this section 313.18shall be guilty of a misdemeanor. 313.19 Sec. 14. Minnesota Statutes 1996, section 168.27, 313.20 subdivision 23, is amended to read: 313.21 Subd. 23. [REGISTRAR MAY FILE CHARGES.] The registrar or 313.22 the registrar's appointed inspectors may file charges with the 313.23 county attorney against any licensee who violates any of the 313.24 provisions of this section, including but not limited to, the 313.25 grounds for suspension or revocation set out in subdivision 12. 313.26 Any violation of this section isa misdemeanoran unlawful act. 313.27 Sec. 15. Minnesota Statutes 1996, section 168.271, is 313.28 amended to read: 313.29 168.271 [INFORMATIONALLABELSLABEL ON PICKUPTRUCKS;313.30PENALTYTRUCK.] 313.31 Subdivision 1. [LABEL REQUIREMENT.]Every(a) Except as 313.32 provided in subdivision 2, a manufacturer of new trucks having a 313.33 gross vehicle weight of 9,000 pounds or lesswhichthat are sold 313.34 or offered for sale for use upon thepublic streets orhighways 313.35 within this state shall, prior to the delivery of the new truck 313.36 to a Minnesota dealer, or at or prior to the introduction date 314.1 of new models delivered to a Minnesota dealer prior to the 314.2 introduction date,securelyaffix securely to the windshield or 314.3 side window of the truck a label upon which the manufacturer 314.4 shall endorse clearly, distinctly, and legibly true and correct 314.5 entries disclosing information identical to and in the same 314.6 manner as information required on new automobiles. 314.7 (b) The label shall remain affixed to the truck until 314.8 delivery of the truck to the ultimatepurchaserbuyer.AnyIt 314.9 is unlawful for a manufacturerwho shallto willfully fail to 314.10 affix a proper label required by this section oranyfor a 314.11 personwho shallto willfully remove, alter, or mutilate a label 314.12 prior to delivery of the truck to the ultimatepurchaser is314.13guilty of a misdemeanorbuyer. 314.14 Subd. 2. [EXCEPTION.] This sectionshalldoes not apply to 314.15 trucks for which the annual sales in Minnesotaofduring the 314.16 previous model year were less than 200. 314.17Subd. 2. This section shall apply to new trucks having a314.18gross vehicle weight of 9,000 pounds or less built after314.19December 31, 1978.314.20 Sec. 16. Minnesota Statutes 1996, section 168.275, is 314.21 amended to read: 314.22 168.275 [SALE OF MOTOR VEHICLES ON SUNDAY FORBIDDEN.] 314.23 Any person who shall carry on or engage in the business of 314.24 buying, selling, exchanging, dealing in, or trading in new or 314.25 used motor vehicles; or who shall open any place of business or 314.26 lot wherein the person attempts to or does engage in the 314.27 business of buying, selling, exchanging, dealing in, or trading 314.28 in new or used motor vehicles; or who does buy, sell, exchange, 314.29 deal in, or trade in new or used motor vehicles as a business on 314.30 the first day of the week, commonly known and designated as 314.31 Sunday, is guilty ofa misdemeanor for the first offense, and a314.32gross misdemeanor for each succeeding offense. Such a person314.33upon conviction for the first offense shall pay a fine not to314.34exceed $700 or be imprisoned for a period of not more than ten314.35days; and for the second offense shall pay a fine not to exceed314.36$3,000 or be imprisoned for a period of not more than 30 days or315.1both; and for the third or each subsequent offense shall pay a315.2fine of not more than $3,000 or be imprisoned for a period of315.3not more than six months or bothan unlawful act. 315.4 Sec. 17. [168.2755] [INFRACTION SALE OF MOTOR VEHICLE ON 315.5 SUNDAY.] 315.6 Whoever violates section 168.275 is guilty of an infraction. 315.7 Sec. 18. Minnesota Statutes 1996, section 168.75, is 315.8 amended to read: 315.9 168.75 [VIOLATIONS.] 315.10 Subdivision 1. [UNLAWFUL ACT.](a) Any person engagedIt 315.11 is unlawful for a person to engage in the business of a sales 315.12 finance company in this state without a license therefor as 315.13 provided in sections 168.66 to 168.77shall be guilty of a gross315.14misdemeanor and punished by a fine not exceeding $3,000, or by315.15imprisonment for a period not to exceed one year, or by both315.16such fine and imprisonment in the discretion of the court. 315.17 Subd. 2. [CIVIL RECOVERY FOR INTENTIONAL VIOLATION.](b)315.18 In case of an intentional failure to comply with any provision 315.19 of sections 168.66 to 168.77, the buyershall have a right315.20tomay recover from the person committingsuchthe 315.21 violation,toor set off or counterclaim in any action bysuch315.22 the person to enforcesuchthe contract, an amount as liquidated 315.23 damages,equal to the whole of the contract due and payable, 315.24 plus reasonable attorneys' fees. 315.25 Subd. 3. [CIVIL RECOVERY FOR OTHER VIOLATION.](c)In case 315.26 of a failure to comply with any provision of sections 168.66 to 315.27 168.77, other than an intentional failure, the buyershall have315.28a right tomay recover from the person committingsuchthe 315.29 violation,toor set off or counterclaim in any action bysuch315.30 the person to enforcesuchthe contract, an amount as liquidated 315.31 damages equal to three times the amount of any time price 315.32 differential charged in excess of the amount authorized by 315.33 sections 168.66 to 168.77 or $50, whichever is greater, plus 315.34 reasonable attorneys' fees. 315.35 Sec. 19. [168.755] [FIRST DEGREE MISDEMEANOR UNLICENSED 315.36 SALES FINANCE COMPANY.] 316.1 Whoever violates section 168.75, subdivision 1, is guilty 316.2 of a first degree misdemeanor. 316.3 Sec. 20. Minnesota Statutes 1996, section 168.837, is 316.4 amended to read: 316.5 168.837 [PENALTIESUNLAWFUL CONDUCT; REVOCATION OF 316.6 LICENSE.] 316.7 Subdivision 1. [UNLAWFUL ACT.] A person who violates the 316.8 provisions of sections 168.831 to 168.837 is guilty ofa316.9misdemeanoran unlawful act. 316.10 Subd. 2. [LICENSE REVOCATION.] The commissioner of public 316.11 safety, after notice and a hearing, may revoke the license of a 316.12 licensee who is convicted of violating any of the provisions of 316.13 sections 168.831 to 168.837. 316.14 Sec. 21. Minnesota Statutes 1996, section 168.846, is 316.15 amended to read: 316.16 168.846 [PENALTYRENTAL TRUCK OR TRAILER VIOLATION.] 316.17 Subdivision 1. [UNLAWFUL ACTS.] (a) It is unlawful for any 316.18 personwho shallto knowingly submit any false or incomplete 316.19 information or report required by sections 168.841 to 168.846 or 316.20 rule promulgated pursuant to sections 168.841 to 168.846or who316.21shall. 316.22 (b) It is unlawful for any person, in any manner, to 316.23 violate any provision of sections 168.841 to 168.846shall be316.24guilty of a misdemeanor. 316.25 Subd. 2. [SUSPENSION.] In addition, theregistrar316.26 commissioner may exercise the powers provided by section 168.17 316.27 (suspension). 316.28 Sec. 22. [168.847] [THIRD DEGREE MISDEMEANOR RENTAL TRUCK 316.29 OR TRAILER INFORMATION VIOLATION.] 316.30 Whoever violates section 168.846, subdivision 1, paragraph 316.31 (a), is guilty of a third degree misdemeanor. 316.32 ARTICLE 13 316.33 MOTOR VEHICLE TITLES 316.34 Section 1. Minnesota Statutes 1996, section 168A.30, is 316.35 amended to read: 316.36 168A.30 [VIOLATIONSAND PENALTIES.] 317.1 Subdivision 1. [FALSE INFORMATION IN APPLICATION OR 317.2 SUPPORTING DOCUMENT.] A personwhocommits an unlawful act if 317.3 the person with fraudulent intent: 317.4 (a) uses a false or fictitious name or address, or makes a 317.5 material false statement, or fails to disclose a security 317.6 interest, or conceals any other material fact, in an application 317.7 for a motor vehicle certificate of title; or 317.8 (b) submits a false, forged, or fictitious document in 317.9 support of an application for a certificate of title, shall be317.10guilty of a felony and may be sentenced for a term of not more317.11than four years, or to payment of a fine of not more than317.12$10,000, or both. 317.13 Subd. 2. [WILLFUL ORFRAUDULENT ACTS; FAILURE TO NOTIFY.] 317.14 A personis guilty of a misdemeanor whocommits an unlawful act 317.15 if the person: 317.16(1)(a) with fraudulent intent permits another, not 317.17 entitled thereto, to use or have possession of a certificate of 317.18 title; or 317.19(2) willfully fails to mail or deliver a certificate of317.20title to the department within the time required by sections317.21168A.01 to 168A.31;317.22(3) willfully fails to deliver to the transferee a317.23certificate of title within ten days after the time required by317.24sections 168A.01 to 168A.31;317.25(4)(b) commits a fraud in any application for a 317.26 certificate of title;. 317.27(5) fails to notify the department of any fact as required317.28by sections 168A.01 to 168A.31; or317.29(6) willfully violates any other provision of sections317.30168A.01 to 168A.31 except as otherwise provided in sections317.31168A.01 to 168A.31.317.32 Subd. 3. [WILLFUL ACTS; FAILURE TO NOTIFY.] A person 317.33 commits an unlawful act if the person: 317.34 (a) willfully fails to mail or deliver a certificate of 317.35 title to the department within the time required by sections 317.36 168A.01 to 168A.31; 318.1 (b) willfully fails to deliver to the transferee a 318.2 certificate of title within ten days after the time required by 318.3 sections 168A.01 to 168A.31; 318.4 (c) fails to notify the department of any fact as required 318.5 by sections 168A.01 to 168A.31; or 318.6 (d) willfully violates any other provision of sections 318.7 168A.01 to 168A.31. 318.8 Sec. 2. [168A.303] [FELONY; FRAUDULENT APPLICATION FOR 318.9 CERTIFICATE OF TITLE.] 318.10 Whoever violates section 168A.30, subdivision 1, may be 318.11 sentenced for a term of not more than four years, or to payment 318.12 of a fine of not more than $8,000, or both. 318.13 Sec. 3. [168A.305] [SECOND DEGREE MISDEMEANOR; CERTIFICATE 318.14 OF TITLE VIOLATION.] 318.15 Whoever violates section 168A.30, subdivision 2, is guilty 318.16 of a second degree misdemeanor. 318.17 Sec. 4. [168A.307] [THIRD DEGREE MISDEMEANOR; CERTIFICATE 318.18 OF TITLE VIOLATION.] 318.19 Whoever violates section 168A.30, subdivision 3, is guilty 318.20 of a third degree misdemeanor. 318.21 ARTICLE 14 318.22 AMENDMENT TO CHAPTER 626 318.23 Section 1. [626.8456] [TRAINING IN USE OF FIRST AID 318.24 EQUIPMENT.] 318.25 Law enforcement officers operating patrol motor vehicles 318.26 shall be trained in the use and application of first aid 318.27 equipment required by section 169A.71, subdivision 8. 318.28 ARTICLE 15 318.29 REVISOR INSTRUCTIONS; REPEALER; EFFECTIVE DATE 318.30 Section 1. Minnesota Statutes 1996, section 3C.10, 318.31 subdivision 1, is amended to read: 318.32 Subdivision 1. [EDITORIAL POWERS FOR STATUTES.] The 318.33 revisor's office, in preparing printer's copy for editions of 318.34 statutes, may not alter the sense, meaning, or effect of any 318.35 legislative act, but may: 318.36 (a) renumber sections or subdivisions and parts of sections 319.1 or subdivisions; 319.2 (b) change the wording of headnotes; 319.3 (c) rearrange sections or subdivisions; 319.4 (d) combine sections or subdivisions into other sections or 319.5 other subdivisions, or both; 319.6 (e) divide sections or subdivisions into other sections or 319.7 subdivisions so as to give to distinct subject matters a section 319.8 or subdivision number; 319.9 (f) substitute the proper section, chapter, or subdivision 319.10 numbers for the terms "this act," "the preceding section," and 319.11 the like; 319.12 (g) substitute figures for written words and vice versa; 319.13 (h) substitute the date on which the law becomes effective 319.14 for the words "the effective date of this act," and the like; 319.15 (i) change capitalization for the purpose of uniformity; 319.16 (j) correct manifest clerical, typographical, grammatical, 319.17 or punctuation errors; 319.18 (k) correct words misspelled in enrollments; 319.19 (l) change reference numbers to agree with renumbered 319.20 chapters, sections, or subdivisions; 319.21 (m) delete the phrases "Minnesota Statutes," "Minnesota 319.22 Statutes 1980," and phrases identifying other editions of and 319.23 supplements to Minnesota Statutes if the phrases are used in a 319.24 reference to a statutory section; 319.25 (n) replace gender specific words with gender neutral words 319.26 and, if necessary, recast the sentences containing gender 319.27 specific words;and319.28 (o) change words in parentheses after references to 319.29 chapters, sections, subdivisions, or paragraphs in the criminal 319.30 or vehicle code, or other chapters, to ensure that the text in 319.31 parentheses describes the referenced sections, subdivisions, and 319.32 paragraphs; and 319.33 (p) make similar editorial changes to ensure the accuracy 319.34 and utility of the publication. 319.35 Sec. 2. [REVISOR'S INSTRUCTIONS.] 319.36 Subdivision 1. [INTEGRATING AMENDMENTS INTO CRIMINAL OR 320.1 VEHICLE CODE.] If the 1997 legislature enacts amendments to 320.2 criminal or traffic law using coding made obsolete by articles 1 320.3 to 11, the revisor of statutes shall proceed as follows: 320.4 (a) The revisor shall integrate the amendments into 320.5 Minnesota Statutes, chapters 169D to 169N, using, to the extent 320.6 possible, the style, format, structure, and numbering scheme of 320.7 articles 1 to 11 and appropriate penalty provisions. 320.8 (b) Unless otherwise specified in articles 1 to 11: 320.9 (1) if the amendment specifies gross misdemeanor 320.10 punishment, the revisor shall include a gross misdemeanor 320.11 penalty section; 320.12 (2) if the amendment specifies misdemeanor punishment, the 320.13 revisor shall include a second degree misdemeanor penalty 320.14 section; and 320.15 (3) if the law specifies petty misdemeanor punishment, the 320.16 revisor shall include an infraction penalty section. 320.17 (c) The revisor shall prepare for consideration by the 1998 320.18 legislature a technical revisor's bill proposing appropriate 320.19 penalty modifications for the amended provisions. The revisor 320.20 may consult with persons who served as members or staff of the 320.21 nonfelony enforcement advisory committee. 320.22 Subd. 2. [CROSS-REFERENCES.] The revisor of statutes shall 320.23 correct cross-references to provisions contained in articles 1 320.24 to 11. The revisor shall prepare a concordance chart to show 320.25 the reorganization of law under articles 1 to 11 and publish the 320.26 chart as a table in the next edition of Minnesota Statutes. 320.27 Subd. 3. [EXPLANATIONS FOR RECODIFIED PROVISIONS.] In the 320.28 next and subsequent editions of Minnesota Statutes, the revisor 320.29 of statutes shall print an explanation for each section repealed 320.30 by articles 1 to 11. The explanation must take substantially 320.31 the form of the following example: 320.32 169.... [Repealed, 1997 c ... s ...; amended and recodified 320.33 as section 169C....]. 320.34 Subd. 4. [SUBSTITUTING INFRACTION FOR PETTY 320.35 MISDEMEANOR.] In the next and subsequent editions of Minnesota 320.36 Statutes, the revisor of statutes shall substitute the term 321.1 "infraction" for the term "petty misdemeanor." 321.2 Subd. 5. [EVENTUAL SUBSTITUTION OF INFRACTION FOR 321.3 MISDEMEANOR.] Unless otherwise specified in a law enacted after 321.4 January 1, 1997, if a statute that is not included within the 321.5 criminal code or the vehicle code creates a misdemeanor or 321.6 provides for a sentence of incarceration for 90 days, with or 321.7 without a fine, the revisor of statutes shall modify the statute 321.8 in Minnesota Statutes 1998 and subsequent editions of Minnesota 321.9 Statutes to specify that the violator is guilty of an infraction. 321.10 Subd. 6. [EVENTUAL SUBSTITUTION OF FIRST DEGREE 321.11 MISDEMEANOR FOR GROSS MISDEMEANOR.] Unless otherwise specified 321.12 in a law enacted after January 1, 1997, if a statute that is not 321.13 included within the criminal code or the vehicle code creates a 321.14 gross misdemeanor or provides for a sentence of incarceration 321.15 for one year, with or without a fine, the revisor of statutes 321.16 shall modify the statute in Minnesota Statutes 1998 and 321.17 subsequent editions of Minnesota Statutes to specify that the 321.18 violator is guilty of a first degree misdemeanor. 321.19 Sec. 3. [REPEALER.] 321.20 Minnesota Statutes 1996, sections 168.021, subdivisions 1a 321.21 and 3; 168.041; 168.042; 168.055; 168.09; 168.10, subdivisions 321.22 1e, 1f, 3, and 4; 168.35; 168.36; 168.81; 168.834; 168.835; 321.23 169.02, subdivision 2; 169.041; 169.042; 169.045; 169.06; 321.24 169.07; 169.072; 169.073; 169.08; 169.1216; 169.1217; 169.14; 321.25 169.145; 169.15; 169.16; 169.17; 169.18; 169.19; 169.20; 321.26 169.201; 169.202; 169.21; 169.215; 169.219; 169.22; 169.222; 321.27 169.223; 169.25; 169.26; 169.28; 169.29; 169.30; 169.305; 321.28 169.31; 169.315; 169.32; 169.33; 169.34; 169.342; 169.345; 321.29 169.346; 169.35; 169.36; 169.37; 169.38; 169.39; 169.40; 169.41; 321.30 169.42; 169.421; 169.43; 169.435; 169.441; 169.442; 169.443; 321.31 169.444; 169.445; 169.446; 169.447; 169.448; 169.449; 169.4501; 321.32 169.4502; 169.4503; 169.4504; 169.451; 169.4511; 169.452; 321.33 169.454; 169.4581; 169.4582; 169.46; 169.467; 169.468; 169.469; 321.34 169.47; 169.471; 169.48; 169.49; 169.50; 169.51; 169.52; 321.35 169.522; 169.53; 169.541; 169.55; 169.56; 169.57; 169.58; 321.36 169.59; 169.60; 169.61; 169.62; 169.63; 169.64; 169.65; 169.66; 322.1 169.67; 169.68; 169.684; 169.685; 169.686; 169.69; 169.693; 322.2 169.70; 169.71; 169.72; 169.721; 169.722; 169.723; 169.724; 322.3 169.725; 169.726; 169.727; 169.73; 169.733; 169.734; 169.74; 322.4 169.743; 169.75; 169.751; 169.752; 169.753; 169.754; 169.762; 322.5 169.771; 169.78; 169.781; 169.782; 169.783; 169.79; 169.791; 322.6 169.792; 169.793; 169.794; 169.795; 169.796; 169.797; 169.798; 322.7 169.799; 169.7995; 169.80; 169.801; 169.81; 169.82; 169.825; 322.8 169.832; 169.835; 169.84; 169.85; 169.851; 169.86; 169.862; 322.9 169.863; 169.87; 169.871; 169.872; 169.88; 169.971; 169.972; 322.10 169.973; and 169.974, are repealed. 322.11 Sec. 4. [EFFECTIVE DATE.] 322.12 Articles 1 to 15 are effective January 1, 1998, and apply 322.13 to crimes committed on or after that date.