SF 3053

2nd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to natural resources; providing for issuance of all-terrain vehicle safety
certificate; requiring rulemaking to allow all-terrain vehicle or snowmobile use
on privately owned land during legal shooting hours of a deer season; amending
Minnesota Statutes 2005 Supplement, section 84.9256, subdivision 1.

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

Section 1.

Minnesota Statutes 2005 Supplement, 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 deleted text begin (e) deleted text end new text begin (f) new text end .

(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 and waters,
only if that person possesses a valid all-terrain vehicle safety certificate issued by the
commissioner and is accompanied on another all-terrain vehicle 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) new text begin 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.
new text end

new text begin (f) new text end 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.

Sec. 2. new text begin REQUIRED RULEMAKING; ALL-TERRAIN VEHICLE OR
SNOWMOBILE USE ON PRIVATE LANDS DURING DEER SEASON.
new text end

new text begin (a) The commissioner of natural resources shall amend Minnesota Rules, part
6232.0300, subpart 7, to permit an individual to operate an all-terrain vehicle or
snowmobile on privately owned land in an area open to taking deer by firearms during the
legal shooting hours of the deer season, if the individual is:
new text end

new text begin (1) the owner of the land on which the all-terrain vehicle or snowmobile is operated;
or
new text end

new text begin (2) a person with the landowner's permission to operate the all-terrain vehicle or
snowmobile on the land.
new text end

new text begin (b) The commissioner may use the good cause exemption under Minnesota Statutes,
section 14.388, subdivision 1, clause (3), in amending the rule under paragraph (a).
Minnesota Statutes, section 14.386, does not apply, except to the extent provided under
Minnesota Statutes, section 14.388.
new text end