SF 2209

1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to motor vehicles; defining electric assisted 
  1.3             bicycles; abolishing vehicle registration tax 
  1.4             exemption for representatives of foreign powers; 
  1.5             allowing special license plates and personalized 
  1.6             plates for certain persons to be issued to owner of 
  1.7             certain trucks; removing restriction on time to apply 
  1.8             for disability plates; changing fee and certain 
  1.9             administrative procedures relating to the registration 
  1.10            program for fleet vehicles; abolishing requirements to 
  1.11            keep records of motor vehicles not using the highways 
  1.12            and to prepare certain unnecessary reports; making 
  1.13            various technical changes; amending Minnesota Statutes 
  1.14            1994, sections 168.011, subdivisions 4 and 27; 
  1.15            168.021, subdivision 1; 168.12, subdivisions 2a and 
  1.16            2b; 168.127; 168.325, subdivision 1; 168.33, 
  1.17            subdivision 6; 168.34; 168A.01, subdivision 24; 
  1.18            168C.02, subdivision 2; 169.01, subdivisions 3, 4a, 
  1.19            51, and by adding a subdivision; and 171.01, 
  1.20            subdivisions 3 and 20; Minnesota Statutes 1995 
  1.21            Supplement, sections 168.012, subdivision 1; and 
  1.22            168.10, subdivision 1i; repealing Minnesota Statutes 
  1.23            1994, section 168.33, subdivisions 4 and 5. 
  1.24  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.25     Section 1.  Minnesota Statutes 1994, section 168.011, 
  1.26  subdivision 4, is amended to read: 
  1.27     Subd. 4.  [MOTOR VEHICLE.] (a) "Motor vehicle" means any 
  1.28  self-propelled vehicle not operated exclusively upon railroad 
  1.29  tracks and any vehicle propelled or drawn by a self-propelled 
  1.30  vehicle and includes vehicles known as trackless trolleys which 
  1.31  are propelled by electric power obtained from overhead trolley 
  1.32  wires but not operated upon rails, except snowmobiles, 
  1.33  manufactured homes, and park trailers.  
  1.34     (b) "Motor vehicle" also includes an all-terrain vehicle, 
  2.1   as defined in section 84.92, subdivision 8, which (1) has at 
  2.2   least four wheels, (2) is owned and operated by a physically 
  2.3   disabled person, and (3) displays both physically disabled 
  2.4   license plates and a physically disabled certificate issued 
  2.5   under section 169.345, subdivision 3. 
  2.6      (c) Motor vehicle does not include an all-terrain vehicle 
  2.7   as defined in section 84.92, subdivision 8; except (1) an 
  2.8   all-terrain vehicle described in paragraph (b), or (2) an 
  2.9   all-terrain vehicle licensed as a motor vehicle before August 1, 
  2.10  1985, in which case the owner may continue to license it as a 
  2.11  motor vehicle until it is conveyed or otherwise transferred to 
  2.12  another owner, is destroyed, or fails to comply with the 
  2.13  registration and licensing requirements of this chapter. 
  2.14     (d) Motor vehicle does not include an "electric assisted 
  2.15  bicycle" as defined in section 169.01, subdivision 4b. 
  2.16     Sec. 2.  Minnesota Statutes 1994, section 168.011, 
  2.17  subdivision 27, is amended to read: 
  2.18     Subd. 27.  [MOTORIZED BICYCLE.] "Motorized bicycle" means a 
  2.19  bicycle that is propelled by a motor of a piston displacement 
  2.20  capacity of 50 cubic centimeters or less, and a maximum of two 
  2.21  brake horsepower, which is capable of a maximum speed of not 
  2.22  more than 30 miles per hour on a flat surface with not more than 
  2.23  one percent grade in any direction when the motor is 
  2.24  engaged.  "Motorized bicycle" does not include an "electric 
  2.25  assisted bicycle" as defined in section 169.01, subdivision 4b. 
  2.26     Sec. 3.  Minnesota Statutes 1995 Supplement, section 
  2.27  168.012, subdivision 1, is amended to read: 
  2.28     Subdivision 1.  (a) The following vehicles are exempt from 
  2.29  the provisions of this chapter requiring payment of tax and 
  2.30  registration fees, except as provided in subdivision 1c:  
  2.31     (1) vehicles owned and used solely in the transaction of 
  2.32  official business by representatives of foreign powers, by the 
  2.33  federal government, the state, or any political subdivision; 
  2.34     (2) vehicles owned and used exclusively by educational 
  2.35  institutions and used solely in the transportation of pupils to 
  2.36  and from such institutions; 
  3.1      (3) vehicles used solely in driver education programs at 
  3.2   nonpublic high schools; 
  3.3      (4) vehicles owned by nonprofit charities and used 
  3.4   exclusively to transport disabled persons for educational 
  3.5   purposes; 
  3.6      (5) vehicles owned and used by honorary consul or consul 
  3.7   general of foreign governments; and 
  3.8      (6) ambulances owned by ambulance services licensed under 
  3.9   section 144.802, the general appearance of which is unmistakable.
  3.10     (b) Vehicles owned by the federal government, municipal 
  3.11  fire apparatus including fire suppression support vehicles, 
  3.12  police patrols and ambulances, the general appearance of which 
  3.13  is unmistakable, shall not be required to register or display 
  3.14  number plates.  
  3.15     (c) Unmarked vehicles used in general police work, liquor 
  3.16  investigations, arson investigations, and passenger automobiles, 
  3.17  pickup trucks, and buses owned or operated by the department of 
  3.18  corrections shall be registered and shall display appropriate 
  3.19  license number plates which shall be furnished by the registrar 
  3.20  at cost.  Original and renewal applications for these license 
  3.21  plates authorized for use in general police work and for use by 
  3.22  the department of corrections must be accompanied by a 
  3.23  certification signed by the appropriate chief of police if 
  3.24  issued to a police vehicle, the appropriate sheriff if issued to 
  3.25  a sheriff's vehicle, the commissioner of corrections if issued 
  3.26  to a department of corrections vehicle, or the appropriate 
  3.27  officer in charge if issued to a vehicle of any other law 
  3.28  enforcement agency.  The certification must be on a form 
  3.29  prescribed by the commissioner and state that the vehicle will 
  3.30  be used exclusively for a purpose authorized by this section.  
  3.31     (d) Unmarked vehicles used by the departments of revenue 
  3.32  and labor and industry, fraud unit, in conducting seizures or 
  3.33  criminal investigations must be registered and must display 
  3.34  passenger vehicle classification license number plates which 
  3.35  shall be furnished at cost by the registrar.  Original and 
  3.36  renewal applications for these passenger vehicle license plates 
  4.1   must be accompanied by a certification signed by the 
  4.2   commissioner of revenue or the commissioner of labor and 
  4.3   industry.  The certification must be on a form prescribed by the 
  4.4   commissioner and state that the vehicles will be used 
  4.5   exclusively for the purposes authorized by this section. 
  4.6      (e) All other motor vehicles shall be registered and 
  4.7   display tax-exempt number plates which shall be furnished by the 
  4.8   registrar at cost, except as provided in subdivision 1c.  All 
  4.9   vehicles required to display tax-exempt number plates shall have 
  4.10  the name of the state department or political subdivision, or 
  4.11  the nonpublic high school operating a driver education program, 
  4.12  on the vehicle plainly displayed on both sides thereof in 
  4.13  letters not less than 2-1/2 inches high and one-half inch wide; 
  4.14  except that each state hospital and institution for the mentally 
  4.15  ill and mentally retarded may have one vehicle without the 
  4.16  required identification on the sides of the vehicle, and county 
  4.17  social service agencies may have vehicles used for child and 
  4.18  vulnerable adult protective services without the required 
  4.19  identification on the sides of the vehicle.  Such identification 
  4.20  shall be in a color giving contrast with that of the part of the 
  4.21  vehicle on which it is placed and shall endure throughout the 
  4.22  term of the registration.  The identification must not be on a 
  4.23  removable plate or placard and shall be kept clean and visible 
  4.24  at all times; except that a removable plate or placard may be 
  4.25  utilized on vehicles leased or loaned to a political subdivision 
  4.26  or to a nonpublic high school driver education program. 
  4.27     Sec. 4.  Minnesota Statutes 1994, section 168.021, 
  4.28  subdivision 1, is amended to read: 
  4.29     Subdivision 1.  [SPECIAL PLATES; APPLICATION.] (a) When a 
  4.30  motor vehicle registered under section 168.017, a motorcycle, a 
  4.31  truck having a manufacturer's nominal rated capacity of one ton 
  4.32  and resembling a pickup truck, or a self-propelled recreational 
  4.33  vehicle is owned or primarily operated by a permanently 
  4.34  physically disabled person or a custodial parent or guardian of 
  4.35  a permanently physically disabled minor, the owner may apply for 
  4.36  and secure from the registrar of motor vehicles (1) immediately, 
  5.1   a temporary permit valid for 30 days, if the applicant is 
  5.2   eligible for the special plates issued under this paragraph, and 
  5.3   (2) two license plates with attached emblems, one plate to be 
  5.4   attached to the front, and one to the rear of the 
  5.5   vehicle.  Application for the plates must be made at the time of 
  5.6   renewal or first application for registration.  When the owner 
  5.7   first applies for the plates, the owner must submit a 
  5.8   physician's statement on a form developed by the commissioner 
  5.9   under section 169.345, or proof of physical disability provided 
  5.10  for in that section. 
  5.11     (b) The owner of a motor vehicle may apply for and secure 
  5.12  (i) immediately, a temporary permit valid for 30 days, if the 
  5.13  person is eligible to receive the special plates issued under 
  5.14  this paragraph, and (ii) a set of special plates for a motor 
  5.15  vehicle if: 
  5.16     (1) the owner employs a permanently physically disabled 
  5.17  person who would qualify for special plates under this section; 
  5.18  and 
  5.19     (2) the owner furnishes the motor vehicle to the physically 
  5.20  disabled person for the exclusive use of that person in the 
  5.21  course of employment. 
  5.22     Sec. 5.  Minnesota Statutes 1995 Supplement, section 
  5.23  168.10, subdivision 1i, is amended to read: 
  5.24     Subd. 1i.  [COLLECTOR PLATE TRANSFERS.] Notwithstanding 
  5.25  section 168.12, subdivision 1, on payment of a transfer fee of 
  5.26  $5, plates issued under this section may be transferred to 
  5.27  another vehicle owned or jointly owned by the person to whom the 
  5.28  special plates were issued or the plate may be assigned to 
  5.29  another owner.  In addition to the transfer fee a new owner must 
  5.30  pay the $25 plate fee tax or any fee required by section 168.12, 
  5.31  subdivision 2a.  The $5 fee must be paid into the state treasury 
  5.32  and credited to the highway user tax distribution fund.  License 
  5.33  plates issued under this section may not be transferred to a 
  5.34  vehicle not eligible for the collector's vehicle license plates. 
  5.35     Sec. 6.  Minnesota Statutes 1994, section 168.12, 
  5.36  subdivision 2a, is amended to read: 
  6.1      Subd. 2a.  [PERSONALIZED PLATES; RULES.] Personalized 
  6.2   license plates must be issued to an applicant for registration 
  6.3   of a passenger automobile including a passenger automobile 
  6.4   registered as a classic car, pioneer car, collector car, or 
  6.5   street rod; van; pickup truck as defined in section 168.011, 
  6.6   subdivision 29, and any other truck with a registered gross 
  6.7   weight of 9,000 pounds or less and commonly known as a pickup 
  6.8   truck; motorcycle including a classic motorcycle; or 
  6.9   self-propelled recreational vehicle, upon compliance with the 
  6.10  laws of this state relating to registration of the vehicle and 
  6.11  upon payment of a one-time fee of $100 in addition to the 
  6.12  registration tax required by law for the vehicle.  The registrar 
  6.13  shall designate a replacement fee for personalized license 
  6.14  plates that is calculated to cover the cost of replacement.  
  6.15  This fee must be paid by the applicant whenever the personalized 
  6.16  license plates are required to be replaced by law.  In lieu of 
  6.17  the numbers assigned as provided in subdivision 1, personalized 
  6.18  license plates must have imprinted on them a series of not more 
  6.19  than seven numbers and letters in any combination.  When an 
  6.20  applicant has once obtained personalized plates, the applicant 
  6.21  shall have a prior claim for similar personalized plates in the 
  6.22  next succeeding year as long as current registration is 
  6.23  maintained.  The commissioner of public safety shall adopt rules 
  6.24  in the manner provided by chapter 14, regulating the issuance 
  6.25  and transfer of personalized license plates.  No words or 
  6.26  combination of letters placed on personalized license plates may 
  6.27  be used for commercial advertising, be of an obscene, indecent, 
  6.28  or immoral nature, or be of a nature that would offend public 
  6.29  morals or decency.  The call signals or letters of a radio or 
  6.30  television station are not commercial advertising for the 
  6.31  purposes of this subdivision. 
  6.32     Notwithstanding the provisions of subdivision 1, 
  6.33  personalized license plates issued under this subdivision may be 
  6.34  transferred to another motor vehicle owned or jointly owned by 
  6.35  the applicant, upon the payment of a fee of $5, which must be 
  6.36  paid into the state treasury and credited to the highway user 
  7.1   tax distribution fund.  The registrar may by rule provide a form 
  7.2   for notification.  A personalized license plate issued for a 
  7.3   classic car, pioneer car, collector car, street rod, or classic 
  7.4   motorcycle may not be transferred to a vehicle not eligible for 
  7.5   such a license plate. 
  7.6      Notwithstanding any law to the contrary, if the 
  7.7   personalized license plates are lost, stolen, or destroyed, the 
  7.8   applicant may apply and shall receive duplicate license plates 
  7.9   bearing the same combination of letters and numbers as the 
  7.10  former personalized plates upon the payment of the fee required 
  7.11  by section 168.29.  
  7.12     Fees from the sale of permanent and duplicate personalized 
  7.13  license plates must be paid into the state treasury and credited 
  7.14  to the highway user tax distribution fund. 
  7.15     Sec. 7.  Minnesota Statutes 1994, section 168.12, 
  7.16  subdivision 2b, is amended to read: 
  7.17     Subd. 2b.  [FIREFIGHTERS; SPECIAL LICENSE PLATE.] The 
  7.18  registrar shall issue special license plates to any applicant 
  7.19  who is both a member of a fire department receiving state aid 
  7.20  under chapter 69 and an owner or joint owner of a passenger 
  7.21  automobile, van, or pickup truck, with a manufacturer's nominal 
  7.22  rated capacity of one ton and resembling a pickup truck, upon 
  7.23  payment of a fee of $10 and upon payment of the registration tax 
  7.24  required by law for the vehicle and compliance with other laws 
  7.25  of this state relating to registration and licensing of motor 
  7.26  vehicles and drivers.  In lieu of the identification required 
  7.27  under subdivision 1, the special license plates shall be 
  7.28  inscribed with a symbol of a Maltese Cross together with five 
  7.29  numbers.  No applicant shall receive more than two sets of 
  7.30  plates for vehicles owned or jointly owned by the applicant.  
  7.31     Special plates issued under this subdivision may only be 
  7.32  used during the period that the owner or joint owner of the 
  7.33  vehicle is a member of a fire department as specified in this 
  7.34  subdivision.  When the person to whom the special plates were 
  7.35  issued is no longer a member of a fire department or when the 
  7.36  vehicle ownership is transferred, the special license plates 
  8.1   shall be removed from the vehicle and returned to the 
  8.2   registrar.  Upon return of the special plates, the owner or 
  8.3   purchaser of the vehicle is entitled to receive regular plates 
  8.4   for the vehicle without cost for the remainder of the 
  8.5   registration period for which the special plates were issued. 
  8.6   Firefighter license plates issued pursuant to this subdivision 
  8.7   may be transferred to another motor vehicle upon payment of $5, 
  8.8   which fee shall be paid into the state treasury and credited to 
  8.9   the highway user tax distribution fund.  
  8.10     The commissioner of public safety may adopt rules under the 
  8.11  administrative procedure act, sections 14.001 to 14.69, to 
  8.12  govern the issuance and use of the special plates authorized in 
  8.13  this subdivision.  All fees from the sale of special license 
  8.14  plates for firefighters shall be paid into the state treasury 
  8.15  and credited to the highway user tax distribution fund.  
  8.16     Sec. 8.  Minnesota Statutes 1994, section 168.127, is 
  8.17  amended to read: 
  8.18     168.127 [FLEET VEHICLES; REGISTRATION, FEES.] 
  8.19     Subdivision 1.  [REGISTRATION CATEGORY.] A unique 
  8.20  registration category is established for vehicles and trailers 
  8.21  of a fleet.  Vehicles registered in the fleet must be issued a 
  8.22  distinctive license plate.  The design and size of the fleet 
  8.23  license plate must be determined by the commissioner.  
  8.24     Subd. 2.  [ANNUAL REGISTRATION PERIOD.] Instead of the 
  8.25  registration period assigned for vehicles registered under 
  8.26  sections 168.014, 168.017, and 168.12, subdivisions 1 and 2a, a 
  8.27  person may register a fleet on an annual basis.  The annual 
  8.28  registration period for vehicles in the fleet will be determined 
  8.29  by the commissioner.  By January 1, The applicant must provide 
  8.30  all information necessary to qualify as a fleet registrant 
  8.31  including a list of all vehicles in the fleet.  On initial 
  8.32  registration, all taxes and fees for vehicles in the fleet must 
  8.33  be reassessed based on the expiration date.  Gross weights for 
  8.34  fleet vehicles may not be changed during the registration period.
  8.35     Subd. 3.  [REGISTRATION CARDS ISSUED.] On approval of the 
  8.36  application for fleet registration the commissioner must issue a 
  9.1   registration card for each qualified vehicle in the fleet.  The 
  9.2   registration card must be carried in the vehicle at all times 
  9.3   and be made available to a peace officer on demand.  Validation 
  9.4   stickers must be issued to vehicles The registered by gross 
  9.5   weight must be indicated on the license plate. 
  9.6      Subd. 4.  [FILING REGISTRATION APPLICATIONS.] Initial fleet 
  9.7   applications for registration and renewals must be filed with 
  9.8   the registrar or authorized representative at the main 
  9.9   headquarters offices of the department of public safety in St. 
  9.10  Paul deputy registrar.  
  9.11     Subd. 5.  [RENEWAL OF FLEET REGISTRATION.] On the renewal 
  9.12  of a fleet registration the registrant shall pay full licensing 
  9.13  fees for every vehicle registered in the preceding year unless 
  9.14  the vehicle has been properly deleted from the fleet.  In order 
  9.15  to delete a vehicle from a fleet, the fleet registrant must 
  9.16  surrender to the commissioner the registration card, validation 
  9.17  stickers, and license plates.  The registrar may authorize 
  9.18  alternative methods of deleting vehicles from a fleet, including 
  9.19  destruction of the license plates and registration cards.  If 
  9.20  the card, stickers, or license plates are lost or stolen, the 
  9.21  fleet registrant shall submit a sworn statement stating the 
  9.22  circumstances for the inability to surrender the card, stickers, 
  9.23  and license plates.  The commissioner shall assess a penalty of 
  9.24  20 percent of the total tax due on the fleet against the fleet 
  9.25  registrant who fails to renew the licenses issued under this 
  9.26  section or fails to report the removal of vehicles from the 
  9.27  fleet within 30 days.  The penalty must be paid within 30 days 
  9.28  after it is assessed. 
  9.29     Subd. 6.  [FEES.] Instead of the $3.25 filing fee for each 
  9.30  vehicle described in section 168.33, subdivision 7, the 
  9.31  applicant shall pay a $3.25 an equivalent administrative fee for 
  9.32  each vehicle in the fleet.  The administrative fee must be 
  9.33  deposited in the state treasury and credited to the highway user 
  9.34  tax distribution fund.  A filing fee of $3.25 must be collected 
  9.35  by the processing office for an application regardless of the 
  9.36  number of vehicles listed. 
 10.1      Sec. 9.  Minnesota Statutes 1994, section 168.325, 
 10.2   subdivision 1, is amended to read: 
 10.3      Subdivision 1.  A division in the department of public 
 10.4   safety to be known as the division of motor vehicles driver and 
 10.5   vehicle services is hereby created, under the supervision and 
 10.6   control of the director.  The commissioner may place the 
 10.7   director's position in the unclassified service if the position 
 10.8   meets the criteria established in section 43A.08, subdivision 1a.
 10.9      Sec. 10.  Minnesota Statutes 1994, section 168.33, 
 10.10  subdivision 6, is amended to read: 
 10.11     Subd. 6.  [APPLICATION FORMS FURNISHED.] The registrar 
 10.12  shall furnish, from time to time, to the county recorder of each 
 10.13  county in the state those deputy registrars not equipped with 
 10.14  electronic transmission technology, forms for listing and for 
 10.15  applications for registration, as provided herein, and shall, 
 10.16  before January first in each year, furnish to the county 
 10.17  recorder of each county those deputy registrars, and to such 
 10.18  others as the registrar shall deem advisable, charts or lists 
 10.19  setting forth the tax to which each motor vehicle is subject.  
 10.20  The registrar and deputy registrars shall immediately destroy 
 10.21  all number plates surrendered to the registrar which are 
 10.22  unsuitable for further issue, and shall cancel all certificates 
 10.23  so surrendered. 
 10.24     Sec. 11.  Minnesota Statutes 1994, section 168.34, is 
 10.25  amended to read: 
 10.26     168.34 [INFORMATION TO BE FURNISHED.] 
 10.27     The registrar shall maintain in the registrar's office an 
 10.28  information bureau to answer questions, through electronic 
 10.29  transmission, personal inquiry, telephone, or letter.  
 10.30  Registrations shall be completed with the utmost dispatch to 
 10.31  render the most efficient service to the public.  The registrar, 
 10.32  or any deputy or employee, shall not be liable to any person for 
 10.33  mistake or negligence in the giving of information not willfully 
 10.34  calculated to injure such person.  The registration system shall 
 10.35  be so conducted, and the requirements thereof so construed, as 
 10.36  to furnish to the public immediate, accurate information as to 
 11.1   any single car about which the inquiry may be made, and to 
 11.2   furnish the registrar a means of checking back during any year 
 11.3   to determine that all motor vehicles subject to taxation and 
 11.4   licensing have had the proper tax or fee paid thereon.  
 11.5      Sec. 12.  Minnesota Statutes 1994, section 168A.01, 
 11.6   subdivision 24, is amended to read: 
 11.7      Subd. 24.  [VEHICLE.] "Vehicle" means every device in, 
 11.8   upon, or by which any person or property is or may be 
 11.9   transported or drawn upon a highway, excepting devices moved by 
 11.10  human power or used exclusively upon stationary rails or tracks, 
 11.11  but including motorized bicycles as defined in section 168.011, 
 11.12  subdivision 27.  Vehicle does not include an "electric assisted 
 11.13  bicycle" as defined in section 169.01, subdivision 4b. 
 11.14     Sec. 13.  Minnesota Statutes 1994, section 168C.02, 
 11.15  subdivision 2, is amended to read: 
 11.16     Subd. 2.  [BICYCLE.] "Bicycle" means every device propelled 
 11.17  by human power upon which a person may ride, having two tandem 
 11.18  wheels either of which is over 14 inches in diameter, or any 
 11.19  device generally recognized as a bicycle though equipped with 
 11.20  two front or rear wheels, or a unicycle.  Bicycle includes an 
 11.21  "electric assisted bicycle" as defined in section 169.01, 
 11.22  subdivision 4b. 
 11.23     Sec. 14.  Minnesota Statutes 1994, section 169.01, 
 11.24  subdivision 3, is amended to read: 
 11.25     Subd. 3.  [MOTOR VEHICLE.] "Motor vehicle" means every 
 11.26  vehicle which is self-propelled and every vehicle which is 
 11.27  propelled by electric power obtained from overhead trolley 
 11.28  wires.  Motor vehicle does not include a vehicle moved solely by 
 11.29  human power.  Motor vehicle does not include an "electric 
 11.30  assisted bicycle" as defined in subdivision 4b. 
 11.31     Sec. 15.  Minnesota Statutes 1994, section 169.01, 
 11.32  subdivision 4a, is amended to read: 
 11.33     Subd. 4a.  [MOTORIZED BICYCLE.] "Motorized bicycle" means a 
 11.34  bicycle that is propelled by a motor of a piston displacement 
 11.35  capacity of 50 cubic centimeters or less, and a maximum of two 
 11.36  brake horsepower, which is capable of a maximum speed of not 
 12.1   more than 30 miles per hour on a flat surface with not more than 
 12.2   one percent grade in any direction when the motor is 
 12.3   engaged.  Motorized bicycle does not include an "electric 
 12.4   assisted bicycle" as defined in subdivision 4b. 
 12.5      Sec. 16.  Minnesota Statutes 1994, section 169.01, is 
 12.6   amended by adding a subdivision to read: 
 12.7      Subd. 4b.  [ELECTRIC ASSISTED BICYCLE.] "Electric assisted 
 12.8   bicycle" means a vehicle with two or three wheels which has a 
 12.9   saddle and fully operative pedals for human propulsion and also 
 12.10  has an electric motor.  For such a device to be considered an 
 12.11  electric assisted bicycle, it shall meet the requirements of the 
 12.12  Federal Motor Vehicle Safety Standards as set forth in Code of 
 12.13  Federal Regulations, title 49, part 571, and shall operate in a 
 12.14  manner that the electric motor disengages or ceases to function 
 12.15  when the brakes are applied.  The electric assisted bicycle's 
 12.16  electric motor shall: 
 12.17     (1) have a power output of not more than 1,000 watts; 
 12.18     (2) be incapable of propelling the device at a speed of 
 12.19  more than 20 miles per hour on level ground; and 
 12.20     (3) be incapable of further increasing the speed of the 
 12.21  device when human power alone is used to propel the device at or 
 12.22  more than 20 miles per hour. 
 12.23     Sec. 17.  Minnesota Statutes 1994, section 169.01, 
 12.24  subdivision 51, is amended to read: 
 12.25     Subd. 51.  [BICYCLE.] "Bicycle" means every device 
 12.26  propelled solely by human power upon which any person may ride, 
 12.27  having two tandem wheels except scooters and similar devices and 
 12.28  including any device generally recognized as a bicycle though 
 12.29  equipped with two front or rear wheels.  Bicycle includes an 
 12.30  "electric assisted bicycle" as defined in subdivision 4b. 
 12.31     Sec. 18.  Minnesota Statutes 1994, section 171.01, 
 12.32  subdivision 3, is amended to read: 
 12.33     Subd. 3.  [MOTOR VEHICLE.] Every vehicle which is 
 12.34  self-propelled and any vehicle propelled or drawn by a 
 12.35  self-propelled vehicle, and not deriving its power from overhead 
 12.36  wires except snowmobiles.  Motor vehicle does not include an 
 13.1   "electric assisted bicycle" as defined in section 169.01, 
 13.2   subdivision 4b. 
 13.3      Sec. 19.  Minnesota Statutes 1994, section 171.01, 
 13.4   subdivision 20, is amended to read: 
 13.5      Subd. 20.  [MOTORIZED BICYCLE.] "Motorized bicycle" means a 
 13.6   bicycle that is propelled by a motor of a piston displacement 
 13.7   capacity of 50 cubic centimeters or less, and a maximum of two 
 13.8   brake horsepower, which is capable of a maximum speed of not 
 13.9   more than 30 miles per hour on a flat surface with not more than 
 13.10  one percent grade in any direction when the motor is 
 13.11  engaged.  Motorized bicycle does not include an "electric 
 13.12  assisted bicycle" as defined in section 169.01, subdivision 4b. 
 13.13     Sec. 20.  [REPEALER.] 
 13.14     Minnesota Statutes 1994, section 168.33, subdivisions 4 and 
 13.15  5, are repealed.