SF 2821

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 03/08/2010 11:46am

A bill for an act
relating to natural resources; modifying off-highway vehicle seasons; modifying
off-highway vehicle youth operation requirements; modifying nonresident
all-terrain vehicle state trail pass; amending Minnesota Statutes 2008, sections
84.777, subdivision 2; 84.9256, subdivision 1; 84.928, subdivision 5; Minnesota
Statutes 2009 Supplement, sections 84.793, subdivision 1; 84.9275, subdivision
1.

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

Section 1.

Minnesota Statutes 2008, section 84.777, subdivision 2, is amended to read:

Subd. 2.

Off-highway vehicle deleted text begin seasons deleted text end new text begin seasonal restrictions new text end .

(a) The commissioner
shall prescribe seasons for off-highway vehicle use on state forest lands. Except for
designated forest roads, a person must not operate an off-highway vehicle on state forest
lands new text begin : new text end new text begin (1) new text end outside of the seasons prescribed under this paragraph new text begin ; or (2) during the firearms
deer hunting season in areas of the state where deer may be taken by rifle. This paragraph
does not apply to a person in possession of a valid deer hunting license operating an
off-highway vehicle before or after legal shooting hours or from 11:00 a.m. to 2:00 p.m new text end .

(b) The commissioner may designate and post winter trails on state forest lands
for use by off-highway vehicles.

(c) For the purposes of this subdivision, "state forest lands" means forest lands under
the authority of the commissioner as defined in section 89.001, subdivision 13, and lands
managed by the commissioner under section 282.011.

Sec. 2.

Minnesota Statutes 2009 Supplement, section 84.793, subdivision 1, is
amended to read:

Subdivision 1.

Prohibitions on youthful operators.

(a) deleted text begin After January 1, 1995, deleted text end A
person less than 16 years of age operating an off-highway motorcycle on public lands
or waters must possess a valid off-highway motorcycle safety certificate issued by the
commissioner.

(b) Except for operation on public road rights-of-way that is permitted under section
84.795, subdivision 1, a driver's license issued by the state or another state is required to
operate an off-highway motorcycle along or on a public road right-of-way.

(c) A person under 12 years of age may not:

(1) make a direct crossing of a public road right-of-way;

(2) operate an off-highway motorcycle on a public road right-of-way in the state; or

(3) operate an off-highway motorcycle on public lands or waters unless accompanied
by a person 18 years of age or older or participating in an event for which the
commissioner has issued a special use permit.

(d) Except for public road rights-of-way of interstate highways, a person less than 16
years of age may make a direct crossing of a public road right-of-way of a trunk, county
state-aid, or county highway only if that person is accompanied by a person 18 years of
age or older who holds a valid driver's license.

(e) A person less than 16 years of age may operate an off-highway motorcycle on
public road rights-of-way in accordance with section 84.795, subdivision 1, paragraph
(a), only if that person is accompanied by a person 18 years of age or older who holds a
valid driver's license.

new text begin (f) Notwithstanding paragraph (a), a nonresident less than 16 years of age may
operate an off-highway motorcycle on public lands or waters if the nonresident youth has
in possession evidence of completing an off-road safety course offered by the Motorcycle
Safety Foundation or another state as provided in section 84.791, subdivision 4.
new text end

Sec. 3.

Minnesota Statutes 2008, section 84.9256, subdivision 1, is amended to read:

Subdivision 1.

Prohibitions on youthful operators.

(a) Except for operation on
public road rights-of-way that is permitted under section 84.928, a driver's license issued
by the state or another state is required to operate an all-terrain vehicle along or on a
public road right-of-way.

(b) A person under 12 years of age shall not:

(1) make a direct crossing of a public road right-of-way;

(2) operate an all-terrain vehicle on a public road right-of-way in the state; or

(3) operate an all-terrain vehicle on public lands or waters, except as provided in
paragraph (f).

(c) Except for public road rights-of-way of interstate highways, a person 12 years of
age but less than 16 years may make a direct crossing of a public road right-of-way of a
trunk, county state-aid, or county highway or operate on public lands deleted text begin and deleted text end new text begin or new text end waters or
state or grant-in-aid trails, only if that person possesses a valid all-terrain vehicle safety
certificate issued by the commissioner and is accompanied deleted text begin on another all-terrain vehicle deleted text end
by a person 18 years of age or older who holds a valid driver's license.

(d) To be issued an all-terrain vehicle safety certificate, a person at least 12 years
old, but less than 16 years old, must:

(1) successfully complete the safety education and training program under section
84.925, subdivision 1, including a riding component; and

(2) be able to properly reach and control the handle bars and reach the foot pegs
while sitting upright on the seat of the all-terrain vehicle.

(e) A person at least 11 years of age may take the safety education and training
program and may receive an all-terrain vehicle safety certificate under paragraph (d), but
the certificate is not valid until the person reaches age 12.

(f) A person at least ten years of age but under 12 years of age may operate an
all-terrain vehicle with an engine capacity up to 90cc on public lands or waters if
accompanied by a parent or legal guardian.

(g) A person under 15 years of age shall not operate a class 2 all-terrain vehicle.

(h) A person under the age of 16 may not operate an all-terrain vehicle on public
lands or waters or on state or grant-in-aid trails if the person cannot properly reach and
control the handle bars and reach the foot pegs while sitting upright on the seat of the
all-terrain vehicle.

new text begin (i) Notwithstanding paragraph (c), a nonresident at least 12 years old, but less than
16 years old, may make a direct crossing of a public road right-of-way of a trunk, county
state-aid, or county highway or operate an all-terrain vehicle on public lands or waters
or state or grant-in-aid trails if:
new text end

new text begin (1) the nonresident youth has in possession evidence of completing an all-terrain
safety course offered by the ATV Safety Institute or another state as provided in section
84.925, subdivision 3; and
new text end

new text begin (2) the nonresident youth is accompanied by a person 18 years of age or older who
holds a valid driver's license.
new text end

Sec. 4.

Minnesota Statutes 2009 Supplement, section 84.9275, subdivision 1, is
amended to read:

Subdivision 1.

Pass required; fee.

(a) A nonresident may not operate an all-terrain
vehicle on a state or grant-in-aid all-terrain vehicle trail unless the operator carries a valid
nonresident all-terrain vehicle state trail pass in immediate possession. The pass must
be available for inspection by a peace officer, a conservation officer, or an employee
designated under section 84.0835.

(b) The commissioner of natural resources shall issue a pass upon application and
payment of a $20 fee. The pass is valid from January 1 through December 31. Fees
collected under this section, except for the issuing fee for licensing agents, shall be
deposited in the state treasury and credited to the all-terrain vehicle account in the natural
resources fund and, except for the electronic licensing system commission established by
the commissioner under section 84.027, subdivision 15, must be used for grants-in-aid to
counties and municipalities for all-terrain vehicle organizations to construct and maintain
all-terrain vehicle trails and use areas.

(c) A nonresident all-terrain vehicle state trail pass is not required for:

(1) an all-terrain vehicle that is owned and used by the United States, another state,
or a political subdivision thereof that is exempt from registration under section 84.922,
subdivision 1a; deleted text begin or
deleted text end

(2) a person operating an all-terrain vehicle only on the portion of a trail that is
owned by the person or the person's spouse, child, or parent deleted text begin . deleted text end new text begin ; or
new text end

new text begin (3) a nonresident operating an all-terrain vehicle that is registered according to
section 84.922.
new text end

Sec. 5.

Minnesota Statutes 2008, section 84.928, subdivision 5, is amended to read:

Subd. 5.

Organized contests, use of highways and public lands and waters.

new text begin (a)
new text end Nothing in this section or chapter 169 prohibits the use of all-terrain vehicles within the
right-of-way of a state trunk or county state-aid highway or upon public lands or waters
under the jurisdiction of the commissioner of natural resources, in an organized contest or
event, subject to the consent of the official or board having jurisdiction over the highway
or public lands or waters.

new text begin (b) new text end In permitting the contest or event, the official or board having jurisdiction may
prescribe restrictions or conditions as they may deem advisable.

new text begin (c) Notwithstanding section 84.9256, subdivision 1, paragraph (b), a person under
12 years of age may operate an all-terrain vehicle in an organized contest on public lands
or waters, if the all-terrain vehicle has an engine capacity of 90cc or less, the person
complies with section 84.9256, subdivision 1, paragraph (h), and the person is supervised
by a person 18 years of age or older.
new text end