SF 1409

1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to public safety; modifying definition of 
  1.3             passenger automobile to include certain vans; 
  1.4             providing grounds for cancellation of motor vehicle 
  1.5             dealer license; modifying definition of utility 
  1.6             trailer as it relates to motor vehicle dealers; 
  1.7             providing for uncontested vehicle sale cancellation; 
  1.8             allowing traffic accidents to be reported 
  1.9             electronically; authorizing nonidentifying traffic 
  1.10            accident data to be made public; providing for display 
  1.11            and issuance of permits for vehicle registration 
  1.12            plates; removing requirement that signature on 
  1.13            driver's license or permit be in ink; increasing 
  1.14            monetary amount for satisfaction of judgment resulting 
  1.15            from traffic accident; modifying driver instruction 
  1.16            requirements; expanding ability of department of 
  1.17            public safety to capture advertising revenue; making 
  1.18            conforming, technical, and clarifying changes and 
  1.19            removing unnecessary language; amending Minnesota 
  1.20            Statutes 2000, sections 168.011, subdivision 7; 
  1.21            168.09, subdivision 7; 168.27, subdivisions 12a, 20; 
  1.22            169.09, subdivisions 8, 9, 10, 13; 169.79; 171.07, 
  1.23            subdivision 1; 171.183, subdivision 1; 171.39; 
  1.24            299A.01, subdivision 1b; proposing coding for new law 
  1.25            in Minnesota Statutes, chapter 168A. 
  1.26  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.27     Section 1.  Minnesota Statutes 2000, section 168.011, 
  1.28  subdivision 7, is amended to read: 
  1.29     Subd. 7.  [PASSENGER AUTOMOBILE.] "Passenger automobile" 
  1.30  means any motor vehicle designed and used for the carrying of 
  1.31  not more than 15 persons including the driver.  "Passenger 
  1.32  automobile" does not include motorcycles, motor scooters, and 
  1.33  buses described in subdivision 9, paragraph (a), clause (2).  
  1.34  For purposes of taxation only, "passenger automobile" includes 
  1.35  pickup trucks and vans, other than including those vans designed 
  2.1   to carry passengers with a manufacturer's nominal rated carrying 
  2.2   capacity of one ton, but does not include commuter vans as 
  2.3   defined in section 168.126. 
  2.4      Sec. 2.  Minnesota Statutes 2000, section 168.09, 
  2.5   subdivision 7, is amended to read: 
  2.6      Subd. 7.  [DISPLAY OF TEMPORARY PERMIT; SPECIAL PLATES.] 
  2.7   (a) A vehicle that displays a special plate issued under section 
  2.8   168.021; 168.12, subdivision 2, 2a, 2b, 2c, or 2d; 168.123; 
  2.9   168.124; 168.125; 168.126; 168.128; or 168.129 may display a 
  2.10  temporary permit in conjunction with expired registration if: 
  2.11     (1) the current registration tax and all other fees have 
  2.12  been paid in full; and 
  2.13     (2) the plate requires replacement under section 168.12, 
  2.14  subdivision 1, paragraph (b), clause (3). 
  2.15     (b) A vehicle that is registered under section 168.10 may 
  2.16  display a temporary permit in conjunction with expired 
  2.17  registration, with or without a registration license plate, if: 
  2.18     (1) the license plates have been applied for and the 
  2.19  registration tax has been paid in full, as provided for in 
  2.20  section 168.10; and 
  2.21     (2) the vehicle is used solely as a collector vehicle while 
  2.22  displaying the temporary permit and not used for general 
  2.23  transportation purposes. 
  2.24     (b) (c) The permit is valid for a period of 60 days.  The 
  2.25  permit must be in a form prescribed by the commissioner of 
  2.26  public safety and whenever practicable must be posted upon the 
  2.27  driver's side of the rear window on the inside of the vehicle.  
  2.28  The permit is valid only for the vehicle for which it was issued 
  2.29  to allow a reasonable time for the new license plates to be 
  2.30  manufactured and delivered to the applicant. 
  2.31     Sec. 3.  Minnesota Statutes 2000, section 168.27, 
  2.32  subdivision 12a, is amended to read: 
  2.33     Subd. 12a.  [GROUNDS FOR CANCELLATION WITHOUT HEARING; 
  2.34  NOTICE REQUIRED.] (a) A license may be canceled by the registrar 
  2.35  after notice to the dealer, upon satisfactory proof that the 
  2.36  dealer:  (1) has failed to provide or maintain the required 
  3.1   surety bond, or that the dealer; (2) has failed to provide or 
  3.2   maintain the insurance required under chapter 65B; or (3) is no 
  3.3   longer operating at the dealer's licensed location. 
  3.4      (b) Surety companies and insurers providing required 
  3.5   coverages shall promptly notify the registrar upon canceling any 
  3.6   surety bond or required insurance.  The registrar shall notify 
  3.7   the dealer of the reason or reasons for cancellation before the 
  3.8   cancellation occurs. 
  3.9      Sec. 4.  Minnesota Statutes 2000, section 168.27, 
  3.10  subdivision 20, is amended to read: 
  3.11     Subd. 20.  [APPLICATION TO SALE OF OTHER VEHICLES.] (a) 
  3.12  This section shall does not apply: 
  3.13     (1) to any person, copartnership, or corporation engaged in 
  3.14  the business of selling vehicles designed to operate exclusively 
  3.15  over snow, motor scooters, motorized wheelchairs, utility 
  3.16  trailers, farm wagons, farm trailers, or farm tractors or other 
  3.17  farm implements, whether self-propelled or not, and even 
  3.18  though such wagons, trailers, tractors or implements a vehicle 
  3.19  listed in this clause may be equipped with a trailer hitch,; or 
  3.20     (2) to any person licensed as a real estate broker or 
  3.21  salesperson pursuant to chapter 82, who engages in the business 
  3.22  of selling, or who offers to sell, or who solicits or advertises 
  3.23  the sale of manufactured homes affixed to land, unless such. 
  3.24     (b) However, this section does apply to a person, 
  3.25  copartnership, or corporation shall described in paragraph (a) 
  3.26  who is also be engaged in the business of selling other motor 
  3.27  vehicles or manufactured homes within the provisions of this 
  3.28  section. 
  3.29     (b) (c) As used in this subdivision the term "utility 
  3.30  trailer" has the following meaning:, "utility trailer" means a 
  3.31  motorless vehicle, other than a boat trailer or snowmobile 
  3.32  trailer, equipped with one or two wheels and, having a carrying 
  3.33  capacity of 2000 gross vehicle weight of 4,000 pounds or less, 
  3.34  and used for carrying property on its own structure while being 
  3.35  drawn by a motor vehicle. 
  3.36     Sec. 5.  [168A.101] [CANCELLATION OF MOTOR VEHICLE SALE.] 
  4.1      Subdivision 1.  [REQUIRED DOCUMENTATION.] If the parties 
  4.2   cancel a purchase of a motor vehicle after the transfer of 
  4.3   interest, they must submit within 90 days of the original 
  4.4   purchase date the following items: 
  4.5      (1) the outstanding certificate of title with proper 
  4.6   assignment; and 
  4.7      (2) an affidavit correcting ownership signed by the parties.
  4.8      Subd. 2.  [REFUNDS.] A party may be eligible for a refund 
  4.9   of taxes and fees only if the items indicated in subdivision 1 
  4.10  are submitted within the 90-day time frame unless otherwise 
  4.11  provided by law. 
  4.12     Sec. 6.  Minnesota Statutes 2000, section 169.09, 
  4.13  subdivision 8, is amended to read: 
  4.14     Subd. 8.  [OFFICER TO REPORT ACCIDENT TO COMMISSIONER.] 
  4.15  Every A law enforcement officer who, in the regular course of 
  4.16  duty, investigates a motor vehicle accident of which report must 
  4.17  be made as required in that must be reported under this section, 
  4.18  either at the time of and at the scene of the accident or 
  4.19  thereafter by interviewing participants or witnesses, shall, 
  4.20  within ten days after the date of such the accident, forward a 
  4.21  an electronic or written report of such the accident to the 
  4.22  commissioner of public safety. 
  4.23     Sec. 7.  Minnesota Statutes 2000, section 169.09, 
  4.24  subdivision 9, is amended to read: 
  4.25     Subd. 9.  [ACCIDENT REPORT FORMS.] The department of public 
  4.26  safety shall prepare, and electronic or written forms for 
  4.27  accident reports required under this section.  Upon request the 
  4.28  department shall supply the forms to police departments, 
  4.29  coroners, sheriffs, garages, and other suitable agencies or 
  4.30  individuals, forms for accident reports required hereunder,.  
  4.31  The forms must be appropriate with respect to the persons 
  4.32  required to make such the reports and the purposes to be 
  4.33  served.  The electronic or written reports report forms to be 
  4.34  made completed by persons involved in accidents and by 
  4.35  investigating officers shall must call for sufficiently detailed 
  4.36  information to disclose with reference to a traffic accident the 
  5.1   causes, conditions then existing, and the persons and vehicles 
  5.2   involved. 
  5.3      Sec. 8.  Minnesota Statutes 2000, section 169.09, 
  5.4   subdivision 10, is amended to read: 
  5.5      Subd. 10.  [USE OF FORM REQUIRED.] Every A required 
  5.6   accident report required to be made in writing shall must be 
  5.7   made on the an appropriate form approved by the department of 
  5.8   public safety and contain all of the information 
  5.9   required therein unless not available. 
  5.10     Sec. 9.  Minnesota Statutes 2000, section 169.09, 
  5.11  subdivision 13, is amended to read: 
  5.12     Subd. 13.  [REPORTS CONFIDENTIAL; EVIDENCE, FEE, PENALTY, 
  5.13  APPROPRIATION.] (a) All Electronic and written reports and 
  5.14  supplemental reports required under this section shall be are 
  5.15  for the use of the commissioner of public safety and other 
  5.16  appropriate state, federal, county, and municipal governmental 
  5.17  agencies for accident analysis purposes, except: 
  5.18     (1) the commissioner of public safety or any law 
  5.19  enforcement agency shall, upon written request of any person 
  5.20  involved in an accident or upon written request of the 
  5.21  representative of the person's estate, surviving spouse, or one 
  5.22  or more surviving next of kin, or a trustee appointed pursuant 
  5.23  to section 573.02, disclose to the requester, the requester's 
  5.24  legal counsel, or a representative of the requester's insurer 
  5.25  the report required under subdivision 8; 
  5.26     (2) the commissioner of public safety shall, upon written 
  5.27  request, provide the driver filing a report under subdivision 7 
  5.28  with a copy of the report filed by the driver; 
  5.29     (3) the commissioner of public safety may verify with 
  5.30  insurance companies vehicle insurance information to enforce 
  5.31  sections 65B.48, 169.792, 169.793, 169.796, and 169.797; 
  5.32     (4) the commissioner of public safety shall provide the 
  5.33  commissioner of transportation the information obtained for each 
  5.34  traffic accident involving a commercial motor vehicle, for 
  5.35  purposes of administering commercial vehicle safety regulations; 
  5.36  and 
  6.1      (5) the commissioner of public safety may give to the 
  6.2   United States Department of Transportation commercial vehicle 
  6.3   accident information in connection with federal grant programs 
  6.4   relating to safety. 
  6.5      (b) Accident reports and data contained in the reports 
  6.6   shall are not be discoverable under any provision of law or rule 
  6.7   of court.  No A report shall may not be used as evidence in any 
  6.8   trial, civil or criminal, arising out of an accident, except 
  6.9   that the commissioner of public safety shall furnish upon the 
  6.10  demand of any a person who has, or claims to have, made a 
  6.11  report, or, upon demand of any a court, a certificate showing 
  6.12  that a specified accident report has or has not been made to the 
  6.13  commissioner solely to prove compliance or failure to comply 
  6.14  with the requirements that the report be made to the 
  6.15  commissioner. 
  6.16     (c) Nothing in this subdivision prevents any a person who 
  6.17  has made a report pursuant to this section from providing 
  6.18  information to any persons involved in an accident or their 
  6.19  representatives or from testifying in any a trial, civil or 
  6.20  criminal, arising out of an accident, as to facts within the 
  6.21  person's knowledge.  It is intended by this subdivision to 
  6.22  render privileged the reports required, but it is not intended 
  6.23  to prohibit proof of the facts to which the reports relate. 
  6.24     (d) Disclosing any information contained in any an accident 
  6.25  report, except as provided in this subdivision, section 13.82, 
  6.26  subdivision 3 or 4, or other statutes, is a misdemeanor. 
  6.27     (e) The commissioner of public safety may charge authorized 
  6.28  persons a $5 fee for a copy of an accident report.  The 
  6.29  commissioner may also furnish copies of the modified accident 
  6.30  records database to private agencies as provided in paragraph 
  6.31  (g) for not less than the cost of preparing the copies.  
  6.32     (f) The commissioner and law enforcement agencies may 
  6.33  charge commercial users who request access to response or 
  6.34  incident data relating to accidents a fee not to exceed 50 cents 
  6.35  per report.  "Commercial user" is a user who in one location 
  6.36  requests access to data in more than five accident reports per 
  7.1   month, unless the user establishes that access is not for a 
  7.2   commercial purpose.  Money collected by the commissioner under 
  7.3   this paragraph is appropriated to the commissioner. 
  7.4      (g) The commissioner may provide a modified copy of the 
  7.5   accident records database that does not contain names, driver's 
  7.6   license numbers, vehicle license plate numbers, addresses, or 
  7.7   other identifying data to the public upon request. 
  7.8      Sec. 10.  Minnesota Statutes 2000, section 169.79, is 
  7.9   amended to read: 
  7.10     169.79 [VEHICLE REGISTRATION.] 
  7.11     (a) No person shall operate, drive, or park a motor vehicle 
  7.12  on any highway unless the vehicle is registered in accordance 
  7.13  with the laws of this state and has the number plates for the 
  7.14  current year only or permit confirming that valid registration 
  7.15  or operating authority has been obtained, except as provided in 
  7.16  sections 168.10 and 168.12, subdivision 2f, as assigned to it by 
  7.17  the commissioner of public safety, conspicuously displayed 
  7.18  thereon in a manner that the view of any plate or permit is not 
  7.19  obstructed.  A plate issued under section 168.27 or a permit 
  7.20  issued under chapter 168 may be displayed on a vehicle in 
  7.21  conjunction with expired registration whether or not it displays 
  7.22  the license plate to which the last registration was issued.  
  7.23     (b) If the vehicle is a semitrailer, the number plate 
  7.24  displayed must be assigned to the registered owner and correlate 
  7.25  to the certificate of title documentation on file with the 
  7.26  department and shall not display a year indicator.  
  7.27     (c) If the vehicle is a motorcycle, motor scooter, 
  7.28  motorized bicycle, motorcycle sidecar, trailer, semitrailer, or 
  7.29  vehicle displaying a dealer plate, one plate shall must be 
  7.30  displayed on the rear thereof of the vehicle.  
  7.31     (d) If the vehicle is (1) a collector's vehicle with a 
  7.32  pioneer, classic car, collector, or street rod license; (2) a 
  7.33  vehicle that meets the requirements of a pioneer, classic, or 
  7.34  street rod vehicle except that the vehicle is used for general 
  7.35  transportation purposes; or (3) a vehicle that is of model year 
  7.36  1972 or earlier, not registered under section 168.10, 
  8.1   subdivision 1c, and is used for general transportation purposes, 
  8.2   one plate shall must be displayed on the rear of the vehicle, or 
  8.3   one plate on the front and one on the rear, at the discretion of 
  8.4   the owner. 
  8.5      (e) If the vehicle is a truck-tractor, road-tractor or farm 
  8.6   truck, as defined in section 168.011, subdivision 17, but 
  8.7   excluding from that definition semitrailers and trailers, one 
  8.8   plate shall must be displayed on the front thereof of the 
  8.9   vehicle. 
  8.10     (f) If the motor vehicle is any kind of motor vehicle other 
  8.11  than those provided for in paragraphs (b) to (d), one plate 
  8.12  shall must be displayed on the front and one on the rear thereof 
  8.13  of the vehicle.  
  8.14     (g) All plates shall must be securely fastened so as to 
  8.15  prevent them from swinging.  The person driving the motor 
  8.16  vehicle shall keep the plate legible and unobstructed and free 
  8.17  from grease, dust, or other blurring material so that the 
  8.18  lettering shall be is plainly visible at all times.  It is 
  8.19  unlawful to cover any assigned letters and numbers or the name 
  8.20  of the state of origin of a license plate with any material 
  8.21  whatever, including any clear or colorless material that affects 
  8.22  the plate's visibility or reflectivity.  
  8.23     (h) License plates issued to vehicles registered under 
  8.24  section 168.017 must display the month of expiration in the 
  8.25  lower left corner as viewed facing the plate and the year of 
  8.26  expiration in the lower right corner as viewed facing the plate. 
  8.27  License plates issued to vehicles registered under section 
  8.28  168.127 must display either fleet registration validation 
  8.29  stickers in the lower right corner as viewed facing the plates 
  8.30  or distinctive license plates, issued by the registrar, with 
  8.31  "FLEET REG" embossed on the bottom center portion of the plate. 
  8.32     Sec. 11.  Minnesota Statutes 2000, section 171.07, 
  8.33  subdivision 1, is amended to read: 
  8.34     Subdivision 1.  [LICENSE; CONTENTS.] The department shall, 
  8.35  Upon the payment of the required fee, the department shall issue 
  8.36  to every qualifying applicant qualifying therefor a license 
  9.1   designating the type or class of vehicles the applicant is 
  9.2   authorized to drive as applied for, which.  This license shall 
  9.3   must bear thereon a distinguishing number assigned to the 
  9.4   licensee, the full name, date of birth, residence address and 
  9.5   permanent mailing address if different, a description of the 
  9.6   licensee in such manner as the commissioner deems necessary, and 
  9.7   a space upon which the licensee shall write the usual signature 
  9.8   and the date of birth of the licensee with pen and ink.  No 
  9.9   license shall be is valid until it has been so signed by the 
  9.10  licensee.  Except in the case of an instruction permit, every 
  9.11  license shall must bear thereon a colored photograph or an 
  9.12  electronically produced image of the licensee.  Every license 
  9.13  issued to an applicant under the age of 21 shall must be of a 
  9.14  distinguishing color and plainly marked "Under-21."  The 
  9.15  department shall use such process or processes in the issuance 
  9.16  of licenses that prohibits, as near as possible, the ability to 
  9.17  alter or reproduce the licenses, or prohibit the ability to 
  9.18  superimpose a photograph or electronically produced image on 
  9.19  such the licenses, without ready detection.  A license issued to 
  9.20  an applicant of age 65 or over shall must be plainly marked 
  9.21  "senior" if requested by the applicant. 
  9.22     Sec. 12.  Minnesota Statutes 2000, section 171.183, 
  9.23  subdivision 1, is amended to read: 
  9.24     Subdivision 1.  [REQUIREMENTS.] For the purposes of 
  9.25  sections 171.182 to 171.184, a judgment is satisfied if:  
  9.26     (1) $25,000 $30,000 has been credited upon any judgment or 
  9.27  judgments rendered in excess of that amount because of bodily 
  9.28  injury to or death of one person as the result of any one 
  9.29  accident; 
  9.30     (2) subject to the limit of $25,000 $30,000 because of 
  9.31  bodily injury to or death of one person, the sum 
  9.32  of $50,000 $60,000 has been credited upon any judgment or 
  9.33  judgments rendered in excess of that amount because of bodily 
  9.34  injury to or death of two or more persons as the result of any 
  9.35  one accident; or 
  9.36     (3) $10,000 has been credited upon any judgment or 
 10.1   judgments rendered in excess of that amount because of damage to 
 10.2   or destruction of property of others as a result of any one 
 10.3   accident. 
 10.4      Sec. 13.  Minnesota Statutes 2000, section 171.39, is 
 10.5   amended to read: 
 10.6      171.39 [EXEMPTIONS.] 
 10.7      (a) The provisions of sections 171.33 to 171.41 shall do 
 10.8   not apply: to any person giving driver training lessons without 
 10.9   charge; to employers maintaining driver training schools without 
 10.10  charge for their employees only; to a home-school within the 
 10.11  meaning of sections 120A.22 and 120A.24; or to schools or 
 10.12  classes conducted by colleges, universities, and high schools as 
 10.13  a part of the normal program for such those institutions; nor to 
 10.14  those schools or persons described in section 171.05, 
 10.15  subdivision 2.  
 10.16     (b) Any person who is a certificated driver training 
 10.17  instructor in a high school driver training program may give 
 10.18  driver training instruction to persons over the age of 18 
 10.19  without acquiring a driver training school license or 
 10.20  instructor's license, and such those instructors may make a 
 10.21  charge for that instruction, if there is no private commercial 
 10.22  driver training school licensed under this statute sections 
 10.23  171.33 to 171.41 within ten miles of the municipality where such 
 10.24  driver training instruction is given and there is no adult 
 10.25  drivers training program in effect in the schools of the school 
 10.26  district in which the trainee resides. 
 10.27     Sec. 14.  Minnesota Statutes 2000, section 299A.01, 
 10.28  subdivision 1b, is amended to read: 
 10.29     Subd. 1b.  [DEPARTMENT ADVERTISING SALES; APPROPRIATION.] 
 10.30  The commissioner may accept paid advertising for departmental 
 10.31  publications, media productions, or other informational 
 10.32  materials.  Advertising revenues received are appropriated to 
 10.33  the commissioner to be used to defray costs of publications, 
 10.34  media productions, or other informational materials.  The 
 10.35  commissioner may not accept paid advertising from an elected 
 10.36  official or candidate for elective office. 
 11.1      Sec. 15.  [EFFECTIVE DATE.] 
 11.2      Sections 1 to 13 are effective July 1, 2001.  Section 14 is 
 11.3   effective the day following final enactment.