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SF 729

as introduced - 87th Legislature (2011 - 2012) Posted on 06/06/2012 04:09pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to transportation; authorizing mini truck operation on local roads;
eliminating special permits for mini truck operation; amending Minnesota
Statutes 2010, sections 168.002, subdivision 24; 168A.05, by adding a
subdivision; 169.045; Laws 2009, chapter 158, section 10; proposing coding for
new law in Minnesota Statutes, chapter 169.

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

Section 1.

Minnesota Statutes 2010, section 168.002, subdivision 24, is amended to
read:


Subd. 24.

Passenger automobile.

(a) "Passenger automobile" means any motor
vehicle designed and used for carrying not more than 15 individuals, including the driver.

(b) "Passenger automobile" does not include motorcycles, motor scooters, buses,
school buses, or commuter vans as defined in section 168.126. Except as provided in
paragraph (c), clause (1), a vehicle with a gross vehicle weight rating of 9,000 to 13,000
pounds that is a pickup truck or a van is not a passenger automobile.

(c) "Passenger automobile" includes, but is not limited to:

(1) a vehicle that is (i) a pickup truck or a van, (ii) not used in furtherance of a
commercial enterprise, and (iii) not subject to state or federal regulation as a commercial
motor vehicle;

(2) neighborhood electric vehicles, as defined in section 169.011, subdivision 47; deleted text begin and
deleted text end

(3) medium-speed electric vehicles, as defined in section 169.011, subdivision 39new text begin ;
and
new text end

new text begin (4) mini trucks, as defined in section 169.011, subdivision 40anew text end .

Sec. 2.

Minnesota Statutes 2010, section 168A.05, is amended by adding a subdivision
to read:


new text begin Subd. 10. new text end

new text begin Mini trucks; certificate required. new text end

new text begin Mini trucks, as defined in section
169.011, subdivision 40a, must be titled as specified in section 168A.02. The department
shall not issue a title for a mini truck that lacks a vehicle identification number.
new text end

Sec. 3.

Minnesota Statutes 2010, section 169.045, is amended to read:


169.045 SPECIAL VEHICLE USE ON ROADWAY.

Subdivision 1.

Designation of roadway, permit.

new text begin (a) new text end The governing body of any
county, home rule charter or statutory city, or town may by ordinance authorize the
operation of deleted text begin motorized golf carts, four-wheel all-terrain vehicles, or mini trucks,deleted text end new text begin special
vehicles
new text end on designated roadways or portions thereof under its jurisdiction. Authorization
to operate deleted text begin a motorized golf cart, four-wheel all-terrain vehicle, or mini truckdeleted text end new text begin special
vehicles
new text end is by permit only.

new text begin (b)new text end For purposes of this sectiondeleted text begin ,deleted text end new text begin :new text end

new text begin (1) "special vehicle" means a motorized golf cart or four-wheel all-terrain vehicle;
and
new text end

new text begin (2) new text end a new text begin "new text end four-wheel all-terrain vehiclenew text begin "new text end is a motorized flotation-tired vehicle with four
low-pressure tires that is limited in engine displacement of less than 800 cubic centimeters
and total dry weight less than 600 poundsdeleted text begin , and a mini truck has the meaning given in
section 169.011, subdivision 40a
deleted text end .

Subd. 2.

Ordinance.

The ordinance shall designate the roadways, prescribe the
form of the application for the permit, require evidence of insurance complying with the
provisions of section 65B.48, subdivision 5 and may prescribe conditions, not inconsistent
with the provisions of this section, under which a permit may be granted. Permits may be
granted for a period of not to exceed one year, and may be annually renewed. A permit
may be revoked at any time if there is evidence that the permittee cannot safely operate
the deleted text begin motorized golf cart, four-wheel all-terrain vehicle, or mini truckdeleted text end new text begin special vehiclenew text end on the
designated roadways. The ordinance may require, as a condition to obtaining a permit,
that the applicant submit a certificate signed by a physician that the applicant is able to
safely operate a deleted text begin motorized golf cart, four-wheel all-terrain vehicle, or mini truckdeleted text end new text begin special
vehicle
new text end on the roadways designated.

Subd. 3.

Times of operation.

deleted text begin Motorized golf carts and four-wheel all-terraindeleted text end new text begin
Special
new text end vehicles may only be operated on designated roadways from sunrise to sunset.
They shall not be operated in inclement weather or when visibility is impaired by weather,
smoke, fog or other conditions, or at any time when there is insufficient light to clearly see
persons and vehicles on the roadway at a distance of 500 feet.

Subd. 4.

Slow-moving vehicle emblem.

Motorized golf carts shall display
the slow-moving vehicle emblem provided for in section 169.522, when operated on
designated roadways.

Subd. 5.

Crossing intersecting highways.

The operator, under permit, of a
deleted text begin motorized golf cart, four-wheel all-terrain vehicle, or mini truckdeleted text end new text begin special vehiclenew text end may cross
any street or highway intersecting a designated roadway.

Subd. 6.

Application of traffic laws.

Every person operating a deleted text begin motorized golf cart,
four-wheel all-terrain vehicle, or mini truck
deleted text end new text begin special vehiclenew text end under permit on designated
roadways has all the rights and duties applicable to the driver of any other vehicle under
the provisions of this chapter, except when those provisions cannot reasonably be applied
to deleted text begin motorized golf carts, four-wheel all-terrain vehicles, or mini trucksdeleted text end new text begin special vehiclesnew text end and
except as otherwise specifically provided in subdivision 7.

Subd. 7.

Nonapplication of certain laws.

The provisions of chapter 171 are
deleted text begin applicable to persons operating mini trucks, but aredeleted text end not applicable to persons operating
deleted text begin motorized golf carts or four-wheel all-terraindeleted text end new text begin specialnew text end vehicles under permit on designated
roadways pursuant to this section. Except for the requirements of section 169.70,
the provisions of this chapter relating to equipment on vehicles are not applicable to
deleted text begin motorized golf carts or four-wheel all-terraindeleted text end new text begin specialnew text end vehicles operating, under permit,
on designated roadways.

deleted text begin Subd. 7a. deleted text end

deleted text begin Required equipment on mini trucks. deleted text end

deleted text begin Notwithstanding sections 169.48
to 169.68, or any other law, a mini truck may be operated under permit on designated
roadways if it is equipped with:
deleted text end

deleted text begin (1) at least two headlamps;
deleted text end

deleted text begin (2) at least two taillamps;
deleted text end

deleted text begin (3) front and rear turn-signal lamps;
deleted text end

deleted text begin (4) an exterior mirror mounted on the driver's side of the vehicle and either (i) an
exterior mirror mounted on the passenger's side of the vehicle or (ii) an interior mirror;
deleted text end

deleted text begin (5) a windshield;
deleted text end

deleted text begin (6) a seat belt for the driver and front passenger; and
deleted text end

deleted text begin (7) a parking brake.
deleted text end

Subd. 8.

Insurance.

In the event persons operating a deleted text begin motorized golf cart, four-wheel
all-terrain vehicle, or mini truck
deleted text end new text begin special vehiclenew text end under this section cannot obtain liability
insurance in the private market, that person may purchase automobile insurance, including
no-fault coverage, from the Minnesota Automobile Insurance Plan under sections 65B.01
to 65B.12, at a rate to be determined by the commissioner of commerce.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011.
new text end

Sec. 4.

new text begin [169.2245] MINI TRUCKS.
new text end

new text begin Subdivision 1. new text end

new text begin Required equipment. new text end

new text begin Notwithstanding sections 169.48 to 169.68,
or any other law, a mini truck may be operated on public streets and highways as provided
in this section when it is equipped with the following equipment in working order:
new text end

new text begin (1) at least two headlamps;
new text end

new text begin (2) at least two taillamps;
new text end

new text begin (3) front and rear turn-signal lamps;
new text end

new text begin (4) an exterior mirror mounted on the driver's side of the vehicle and either (i) an
exterior mirror mounted on the passenger's side of the vehicle or (ii) an interior mirror;
new text end

new text begin (5) a windshield;
new text end

new text begin (6) a seat belt for the driver and front passenger; and
new text end

new text begin (7) a parking brake.
new text end

new text begin Subd. 2. new text end

new text begin Operation. new text end

new text begin (a) A person operating a mini truck on public streets and
highways under this section has all the rights and duties applicable to the driver of any
other vehicle under this chapter.
new text end

new text begin (b) A person may not operate a mini truck on a trunk highway.
new text end

new text begin (c) A person operating a mini truck as allowed under this section may cross any
street or highway, including a trunk highway, intersecting the road upon which the vehicle
is being operated.
new text end

new text begin (d) A person operating a mini truck on a highway having two or more lanes in
the same direction must drive in the lane farthest to the right, except to make a left
turn. A person may make a left turn from an appropriate lane if it is safe to do so under
the prevailing conditions.
new text end

new text begin (e) The provisions of chapter 171 concerning driver licensing are applicable to
a person operating a mini truck.
new text end

new text begin Subd. 3. new text end

new text begin Restrictions and prohibitions. new text end

new text begin (a) A local road authority may by
ordinance prohibit the operation of a mini truck on streets and highways under the local
road authority's jurisdiction.
new text end

new text begin (b) A mini truck may not be used to take any examination to demonstrate ability to
exercise control in the operation of a motor vehicle as required under section 171.13.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011.
new text end

Sec. 5.

Laws 2009, chapter 158, section 10, is amended to read:


Sec. 10. EFFECTIVE DATE.

Sections 2 and 3 are effective August 1, 2009deleted text begin , and the amendments made in sections
2 and 3 to Minnesota Statutes, sections 169.011 and 169.045, expire July 31, 2012
deleted text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011.
new text end

Sec. 6. new text begin MINI TRUCKS; CANCELLATION OF LOCAL PERMITS.
new text end

new text begin On and after August 1, 2011, a local permit issued by a county, statutory or home
rule charter city, or town, under Minnesota Statutes, section 169.045, permitting operation
of a mini truck, as defined in Minnesota Statutes, section 169.011, subdivision 40a, is
canceled and superseded by Minnesota Statutes, section 169.2245. A person operating a
mini truck on or after August 1, 2011, must meet the requirements of Minnesota Statutes,
section 169.2245.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end