SF 2381

as introduced - 87th Legislature (2011 - 2012) Posted on 03/20/2012 09:11am

A bill for an act
relating to motor vehicles; requiring that motorcycle owners bear the economic
costs of their injuries not caused by others; requiring motorcycle owners to
comply with the motor vehicle insurance requirements that apply to other motor
vehicles; requiring motorcycle riders to wear helmets subject to an exception;
amending Minnesota Statutes 2010, sections 65B.43, subdivision 2; 65B.46,
subdivisions 1, 2; 65B.48, subdivision 5; 168.013, subdivision 1b; 169.974,
subdivision 4; repealing Minnesota Statutes 2010, section 65B.46, subdivision 3.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2010, section 65B.43, subdivision 2, is amended to read:

Subd. 2.

Motor vehicle.

"Motor vehicle" means every vehicle, deleted text begin other than deleted text end new text begin including new text end
a motorcycle or other vehicle with fewer than four wheels, which (a) is required to be
registered pursuant to chapter 168, and (b) is designed to be self-propelled by an engine or
motor for use primarily upon public roads, highways or streets in the transportation of
persons or property, and includes a trailer with one or more wheels, when the trailer is
connected to or being towed by a motor vehicle.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2013.
new text end

Sec. 2.

Minnesota Statutes 2010, section 65B.46, subdivision 1, is amended to read:

Subdivision 1.

Motor vehicle deleted text begin or motorcycle deleted text end accident in this state.

If the accident
causing injury occurs in this state, every person suffering loss from injury arising out of
maintenance or use of a motor vehicle deleted text begin or as a result of being struck as a pedestrian by
a motorcycle deleted text end has a right to basic economic loss benefits.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2013.
new text end

Sec. 3.

Minnesota Statutes 2010, section 65B.46, subdivision 2, is amended to read:

Subd. 2.

Motor vehicle deleted text begin or motorcycle deleted text end accident outside this state.

If the accident
causing injury occurs outside this state in the United States, United States possessions, or
Canada, the following persons and their surviving dependents suffering loss from injury
arising out of maintenance or use of a motor vehicle deleted text begin or as a result of being struck as a
pedestrian by a motorcycle deleted text end have a right to basic economic loss benefits:

(1) insureds, and

(2) the driver and other occupants of a secured vehicle, other than (a) a vehicle which
is regularly used in the course of the business of transporting persons or property and
which is one of five or more vehicles under common ownership, or (b) a vehicle owned
by a government other than this state, its political subdivisions, municipal corporations,
or public agencies. The reparation obligor may, if the policy expressly states, extend the
basic economic loss benefits to any stated area beyond the limits of the United States,
United States possessions and Canada.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2013.
new text end

Sec. 4.

Minnesota Statutes 2010, section 65B.48, subdivision 5, is amended to read:

Subd. 5.

Motorcycle coverage.

deleted text begin (a) deleted text end Every owner of a motorcycle registered or
required to be registered in this state or operated in this state by the owner or with the
owner's permission shall provide and maintain deleted text begin security for the payment of tort liabilities
arising out of the maintenance or use of the motorcycle in this state. Security may be
provided by a contract of liability insurance complying with section 65B.49, subdivision
3, or by qualifying as a self insurer in the manner provided in subdivision 3 deleted text end new text begin a plan of
reparation security as defined under section 65B.43, subdivision 15 new text end .

deleted text begin (b) At the time an application for motorcycle insurance without personal injury
protection coverage is completed, there must be attached to the application a separate
form containing a written notice in at least 10-point bold type, if printed, or in capital
letters, if typewritten that states:
deleted text end

deleted text begin "Under Minnesota law, a policy of motorcycle coverage issued in the State of
Minnesota must provide liability coverage only, and there is no requirement that
the policy provide personal injury protection (PIP) coverage in the case of injury
sustained by the insured. No PIP coverage provided by an automobile insurance
policy you may have in force will extend to provide coverage in the event of a
motorcycle accident."
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2013.
new text end

Sec. 5.

Minnesota Statutes 2010, section 168.013, subdivision 1b, is amended to read:

Subd. 1b.

Motorcycle.

new text begin (a) new text end On motorcycles the tax is $10, which includes the surtax
provided for in subdivision 14.

new text begin (b) License plates issued for use on motorcycles must differ prominently in color
to distinguish owners who have chosen to reserve the right under section 169.974,
subdivision 4, paragraph (c), for the driver and other occupants to ride without helmets.
Owners who have chosen to do so shall pay an additional tax of $25 and must be required
to show proof of the required additional insurance coverage.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2013.
new text end

Sec. 6.

Minnesota Statutes 2010, section 169.974, subdivision 4, is amended to read:

Subd. 4.

Equipment for operator and passenger.

(a) No person deleted text begin under the age
of 18 deleted text end shall operate or ride a motorcycle on the streets and highways of this state without
wearing protective headgear that complies with standards established by the commissioner
of public safety new text begin , except as permitted under paragraph (c) new text end ; and no person shall operate a
motorcycle without wearing an eye-protective device.

(b) The provisions of this subdivision shall not apply to persons during their
participation in a parade for which parade a permit or other official authorization has been
granted by a local governing body or other governmental authority or to persons riding
within an enclosed cab.

new text begin (c) A person over the age of 18 years may operate or ride a motorcycle without
wearing the protective headgear required under paragraph (a) if the owner of the
motorcycle has a plan of reparation security, as defined in section 65B.43, subdivision
15, on the motorcycle that provides medical expense benefits of at least $250,000 and at
least that amount for the total of income loss, replacement services loss, funeral expense
loss, survivor's economic loss, and survivor's replacement services loss, all as described
in section 65B.44. new text end new text begin A person exercising the option provided under this paragraph must
display, in the appropriate place on the motorcycle, the special license plate required under
section 168.013, subdivision 1b.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2013.
new text end

Sec. 7. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, section 65B.46, subdivision 3, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2013.
new text end