Minnesota Legislature
SF 3507
as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
Current Version - as introduced
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A bill for an act
relating to natural resources; modifying regulation of all-terrain vehicles; creating
two classes of all-terrain vehicles; amending Minnesota Statutes 2004, sections
84.92, subdivision 8, by adding subdivisions; 84.928, by adding a subdivision;
Minnesota Statutes 2005 Supplement, sections 84.9256, subdivision 1; 84.9257;
84.926, subdivision 4; 84.928, subdivision 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2004, section 84.92, subdivision 8, is amended to read:
Subd. 8.
All-terrain vehicle new text begin or vehiclenew text end .
"All-terrain vehicle" or "vehicle" means a
motorized flotation-tired vehicle of not less than three low pressure tires, but not more
than six tires, that is limited in engine displacement of less than 800 cubic centimeters
and deleted text begin total dry weight less than 900 pounds deleted text end new text begin includes a class 1 all-terrain vehicle and class 2
all-terrain vehiclenew text end .
Sec. 2.
Minnesota Statutes 2004, section 84.92, is amended by adding a subdivision to
read:
new text begin Subd. 9. new text end
new text begin Class 1 all-terrain vehicle. new text end
new text begin
"Class 1 all-terrain vehicle" means an
all-terrain vehicle that has a total dry weight of less than 900 pounds.
new text end
Sec. 3.
Minnesota Statutes 2004, section 84.92, is amended by adding a subdivision to
read:
new text begin Subd. 10. new text end
new text begin Class 2 all-terrain vehicle. new text end
new text begin
"Class 2 all-terrain vehicle" means an
all-terrain vehicle that has a total dry weight of 900 to 1,500 pounds.
new text end
Sec. 4.
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 (e).
(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) 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.
new text begin
(f) A person under 16 years of age shall not operate a class 2 all-terrain vehicle.
new text end
Sec. 5.
Minnesota Statutes 2005 Supplement, section 84.9257, is amended to read:
84.9257 PASSENGERS.
(a) A parent or guardian may operate deleted text begin andeleted text end new text begin a class 1new text end all-terrain vehicle carrying one
passenger who is under 16 years of age and who wears a safety helmet approved by the
commissioner of public safety.
(b) For the purpose of this section, "guardian" means a legal guardian of a person
under age 16, or a person 18 or older who has been authorized by the parent or legal
guardian to supervise the person under age 16.
(c) A person 18 years of age or older may operate an all-terrain vehicle carrying
one passenger who is 16 or 17 years of age and wears a safety helmet approved by the
commissioner of public safety.
(d) A person 18 years of age or older may operate an all-terrain vehicle carrying one
passenger who is 18 years of age or older.
new text begin
(e) An operator of a class 2 all-terrain vehicle may carry two passengers.
new text end
Sec. 6.
Minnesota Statutes 2005 Supplement, section 84.926, subdivision 4, is
amended to read:
Subd. 4.
Off-road and all-terrain vehicles; limited or managed forests; trails.
Notwithstanding section 84.777, but subject to the commissioner's authority under
subdivision 5, on state forest lands classified as limited or managed, other than the Richard
J. Dorer Memorial Hardwood Forest, a person may use vehicles registered under chapter
168 or section 84.798 or 84.922new text begin , including class 2 all-terrain vehicles, new text end on forest trails that
are not designated for a specific use when:
(1) hunting big game or transporting or installing hunting stands during October,
November, and December, when in possession of a valid big game hunting license;
(2) retrieving big game in September, when in possession of a valid big game
hunting license;
(3) tending traps during an open trapping season for protected furbearers, when in
possession of a valid trapping license; or
(4) trapping minnows, when in possession of a valid minnow dealer, private fish
hatchery, or aquatic farm license.
Sec. 7.
Minnesota Statutes 2005 Supplement, section 84.928, subdivision 1, is
amended to read:
Subdivision 1.
Operation on roads and rights-of-waynew text begin ; class 1 vehiclesnew text end .
(a) Unless
otherwise allowed in sections 84.92 to 84.929, a person shall not operate deleted text begin andeleted text end new text begin a class 1
new text end all-terrain vehicle in this state along or on the roadway, shoulder, or inside bank or slope
of a public road right-of-way of a trunk, county state-aid, or county highway other than
in the ditch or the outside bank or slope of a trunk, county state-aid, or county highway
unless prohibited under paragraph (b).
(b) A road authority as defined under section 160.02, subdivision 25, may after a
public hearing restrict the use ofnew text begin class 1new text end all-terrain vehicles in the ditch or outside bank or
slope of a public road right-of-way under its jurisdiction.
(c) The restrictions in paragraphs (a), (b), (g), (h), and (i) do not apply to the
operation of deleted text begin andeleted text end new text begin a class 1new text end all-terrain vehicle on the shoulder, inside bank or slope, ditch,
or outside bank or slope of a trunk, interstate, county state-aid, or county highway when
thenew text begin class 1new text end all-terrain vehicle is:
(1) owned by or operated under contract with a publicly or privately owned utility
or pipeline company; and
(2) used for work on utilities or pipelines.
(d) The commissioner may limit the use of a right-of-way for a period of time if the
commissioner determines that use of the right-of-way causes:
(1) degradation of vegetation on adjacent public property;
(2) siltation of waters of the state;
(3) impairment or enhancement to the act of taking game; or
(4) a threat to safety of the right-of-way users or to individuals on adjacent public
property.
(e) The commissioner must notify the road authority as soon as it is known that a
closure will be ordered. The notice must state the reasons and duration of the closure.
(f) A person may operate deleted text begin andeleted text end new text begin a class 1new text end all-terrain vehicle registered for private use and
used for agricultural purposes on a public road right-of-way of a trunk, county state-aid, or
county highway in this state if thenew text begin class 1new text end all-terrain vehicle is operated on the extreme
right-hand side of the road, and left turns may be made from any part of the road if it is
safe to do so under the prevailing conditions.
(g) A person shall not operate deleted text begin andeleted text end new text begin a class 1new text end all-terrain vehicle within the public road
right-of-way of a trunk, county state-aid, or county highway from April 1 to August 1 in
the agricultural zone unless the vehicle is being used exclusively as transportation to and
from work on agricultural lands. This paragraph does not apply to an agent or employee
of a road authority, as defined in section 160.02, subdivision 25, or the Department of
Natural Resources when performing or exercising official duties or powers.
(h) A person shall not operate deleted text begin andeleted text end new text begin a class 1new text end all-terrain vehicle within the public
road right-of-way of a trunk, county state-aid, or county highway between the hours of
one-half hour after sunset to one-half hour before sunrise, except on the right-hand side
of the right-of-way and in the same direction as the highway traffic on the nearest lane
of the adjacent roadway.
(i) A person shall not operate deleted text begin andeleted text end new text begin a class 1new text end all-terrain vehicle at any time within the
right-of-way of an interstate highway or freeway within this state.
Sec. 8.
Minnesota Statutes 2004, section 84.928, is amended by adding a subdivision
to read:
new text begin Subd. 8. new text end
new text begin Operation; class 2 vehicles. new text end
new text begin
Except as provided in section 84.926,
subdivision 4, operation of class 2 all-terrain vehicles on public lands is limited to forest
roads, minimum maintenance roads, and trails designated or signed for class 2 all-terrain
vehicles.
new text end
Sec. 9. new text begin TRANSITION.
new text end
new text begin
The commissioner of natural resources shall distinguish between class 1 registration
and class 2 registration for all-terrain vehicles under Minnesota Statutes, section 84.922.
A class 2 all-terrain vehicle that is not registered as a class 2 all-terrain vehicle on the
effective date of this act shall be registered as a class 2 vehicle when the registration next
expires or when the registrant requests a duplicate registration.
new text end
Sec. 10. new text begin EFFECTIVE DATE.
new text end
new text begin
Sections 1 to 9 are effective December 12, 2006.
new text end