SF 739

2nd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to natural resources; modifying all-terrain vehicle operating provisions;
amending Minnesota Statutes 2006, sections 84.9256, subdivision 2, by adding a
subdivision; 84.9257; 84.926, by adding a subdivision; 84.928, subdivision 1;
169A.35, subdivision 1; repealing Minnesota Statutes 2006, section 84.928,
subdivision 8.

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

Section 1.

Minnesota Statutes 2006, section 84.9256, subdivision 2, is amended to read:

Subd. 2.

Helmet and seat belts required.

(a) A person less than 18 years of age
shall not operate ride as a passenger or as an operator of an all-terrain vehicle on public
land, public waters, or on a public road right-of-way unless wearing a safety helmet
approved by the commissioner of public safety.

(b) A person less than 18 years of age shall not ride as a passenger or as an operator of
a class 2 all-terrain vehicle without wearing a seat belt when provided by the manufacturer.

Sec. 2.

Minnesota Statutes 2006, section 84.9256, is amended by adding a subdivision
to read:

Subd. 2a.

Parent or guardian authorization.

A person under age 16 shall not
operate and a person shall not allow a person under age 16 to operate an all-terrain vehicle,
unless the parent or guardian of the person under age 16 authorizes the operation. For
purposes of this subdivision, "guardian" means the legal guardian of the person under age
16 or a person age 18 or older who has been authorized by the parent or legal guardian to
supervise the person under age 16.

Sec. 3.

Minnesota Statutes 2006, section 84.9257, is amended to read:

84.9257 PASSENGERS.

(a) A parent or guardian may operate a class 1 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) A person 18 years of age or older may operate an a class 1 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) (b) 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.

(e) An operator of a class 2 all-terrain vehicle may carry two passengers while
carrying a passenger, or up to the number of passengers for which the vehicle was
designed, whichever is greater.

Sec. 4.

Minnesota Statutes 2006, section 84.926, is amended by adding a subdivision
to read:

Subd. 6.

Operation; class 2 vehicles.

Except as provided in subdivision 4,
operation of class 2 all-terrain vehicles on lands administered by the commissioner is
limited to forest roads, minimum maintenance roads, and trails designated or signed for
class 2 all-terrain vehicles.

Sec. 5.

Minnesota Statutes 2006, section 84.928, subdivision 1, is amended to read:

Subdivision 1.

Operation on roads and rights-of-way; class 1 vehicles.

(a) Unless
otherwise allowed in sections 84.92 to 84.929, a person shall not operate a class 1 an
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.

(b) A person may operate a class 1 all-terrain vehicle in the ditch or the outside
bank or slope of a trunk, county state-aid, or county highway unless prohibited under
paragraph (b) (d) or (f).

(c) A person may operate a class 2 all-terrain vehicle within the public road
right-of-way of a county state-aid or county highway 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, unless prohibited under paragraph (d) or (f). A person may
operate a class 2 all-terrain vehicle on the bank or ditch of a public road right-of-way on a
designated class 2 all-terrain vehicle trail.

(b) (d) A road authority as defined under section 160.02, subdivision 25, may after a
public hearing restrict the use of class 1 all-terrain vehicles in the ditch or outside bank or
slope of a public road right-of-way under its jurisdiction.

(c) (e) The restrictions in paragraphs (a), (b), (g), (d), (h), and (i), and (j) do not
apply to the operation of a class 1 an 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 the class 1 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) (f) 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) (g) A person may operate a class 1 an all-terrain vehicle registered for private
use and used for agricultural purposes or a class 2 all-terrain vehicle on a public road
right-of-way of a trunk, county state-aid, or county highway in this state if the class 1
or class 2 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) (h) A person shall not operate a class 1 an 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) (i) A person shall not operate a class 1 an 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) (j) A person shall not operate a class 1 an all-terrain vehicle at any time within the
right-of-way of an interstate highway or freeway within this state.

Sec. 6.

Minnesota Statutes 2006, section 169A.35, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

As used in this section:

(1) "alcoholic beverage" has the meaning given it in section 340A.101, subdivision 2;

(2) "distilled spirits" has the meaning given it in section 340A.101, subdivision 9;

(3) "motor vehicle" does not include motorboats in operation, or off-road recreational
vehicles except when being operated on a roadway or shoulder of a roadway that is not
part of a grant-in-aid trail or trail designated for that vehicle by the commissioner of
natural resources;

(4) "possession" means either that the person had actual possession of the bottle or
receptacle or that the person consciously exercised dominion and control over the bottle
or receptacle; and

(5) "3.2 percent malt liquor" has the meaning given it in section 340A.101,
subdivision 19.

Sec. 7. REPEALER.

Minnesota Statutes 2006, section 84.928, subdivision 8, is repealed.