1.1 CONFERENCE COMMITTEE REPORT ON H.F. NO. 3203
1.2 A bill for an act
1.3 relating to public safety; modifying vehicle
1.4 registration provisions; regulating certain motor
1.5 vehicle dealer transactions; modifying provisions
1.6 governing road inspections, first hauls, and weight
1.7 allowances for commercial motor vehicles and requiring
1.8 a study; allowing certain transactions with department
1.9 of public safety to be conducted electronically;
1.10 setting vehicle title fees; modifying bicycle
1.11 registration provisions; modifying certain traffic
1.12 regulations; requiring proof of legal presence in this
1.13 country to obtain driver's license, permit, or
1.14 identification card; modifying certain license plate
1.15 display requirements; authorizing special veteran and
1.16 patriot license plates; modifying commercial driver's
1.17 license exemption for snowplow drivers; providing for
1.18 driver's license to be issued to legally emancipated
1.19 minor; modifying commercial driver's license
1.20 provisions to conform to federal law; exempting
1.21 certain funds from matching requirements; authorizing
1.22 rules; making technical and clarifying changes;
1.23 amending Minnesota Statutes 2000, sections 168.011,
1.24 subdivisions 4, 17, 34; 168.013, subdivision 3;
1.25 168.09, subdivisions 1, 3; 168.10, subdivision 1c;
1.26 168.123, subdivision 2; 168.27, as amended; 168.31,
1.27 subdivision 4; 168.33, subdivision 6, by adding a
1.28 subdivision; 168A.01, subdivisions 2, 24, by adding a
1.29 subdivision; 168A.04, subdivision 5; 168A.05,
1.30 subdivision 5a; 168A.09, subdivision 1; 168A.11,
1.31 subdivision 2; 168A.12, subdivisions 1, 2; 168A.154;
1.32 168A.18; 168A.19, subdivision 2; 168A.20, subdivisions
1.33 2, 3, 4; 168A.24, subdivision 1; 168A.29, subdivision
1.34 1; 168C.02, subdivisions 1, 5; 168C.03; 168C.04,
1.35 subdivision 1; 168C.05; 168C.06; 168C.07; 168C.08;
1.36 168C.09; 168C.11; 168C.12; 168C.13, subdivision 1;
1.37 169.06, by adding a subdivision; 169.26, subdivision
1.38 1; 169.28, subdivision 1; 169.771, subdivisions 2, 3;
1.39 169.85, subdivisions 1, 2; 169.851, subdivision 3;
1.40 169.86, subdivision 5; 169.974, subdivision 5; 171.02,
1.41 subdivisions 1, 5; 171.04, subdivision 1; 171.05,
1.42 subdivision 2; 171.055, subdivision 1; 171.06,
1.43 subdivisions 1, 3; 171.07, subdivision 3; 171.13,
1.44 subdivision 2; 171.165; Minnesota Statutes 2001
1.45 Supplement, sections 168.012, subdivision 1; 169.781,
2.1 subdivision 2; 169.79, subdivisions 3, 8, by adding a
2.2 subdivision; 171.07, subdivision 1; proposing coding
2.3 for new law in Minnesota Statutes, chapter 168;
2.4 repealing Minnesota Statutes 2000, sections 115A.908,
2.5 subdivision 2; 171.30, subdivision 3; Minnesota
2.6 Statutes 2001 Supplement, section 115A.908,
2.7 subdivision 1.
2.8 April 24, 2002
2.9 The Honorable Steve Sviggum
2.10 Speaker of the House of Representatives
2.12 The Honorable Don Samuelson
2.13 President of the Senate
2.15 We, the undersigned conferees for H.F. No. 3203, report
2.16 that we have agreed upon the items in dispute and recommend as
2.17 follows:
2.18
2.19 That the Senate recede from its amendments and that H.F. No.
2.20 3203 be further amended as follows:
2.21 Delete everything after the enacting clause and insert:
2.22 "ARTICLE 1
2.23 PUBLIC SAFETY MISCELLANY
2.24 Section 1. Minnesota Statutes 2000, section 168.011,
2.25 subdivision 4, is amended to read:
2.26 Subd. 4. [MOTOR VEHICLE.] (a) "Motor vehicle" means any
2.27 self-propelled vehicle designed and originally manufactured to
2.28 operate primarily upon public roads and highways, and not
2.29 operated exclusively upon railroad tracks and. It includes any
2.30 vehicle propelled or drawn by a self-propelled vehicle and
2.31 includes vehicles known as trackless trolleys which that are
2.32 propelled by electric power obtained from overhead trolley wires
2.33 but not operated upon rails, except. It does not include
2.34 snowmobiles, manufactured homes, and or park trailers.
2.35 (b) "Motor vehicle" also includes an all-terrain vehicle,
2.36 as defined in section 84.92, subdivision 8, which that (1) has
2.37 at least four wheels, (2) is owned and operated by a physically
2.38 disabled person, and (3) displays both physically disabled
2.39 license plates and a physically disabled certificate issued
2.40 under section 169.345, subdivision 3.
2.41 (c) Motor vehicle does not include an all-terrain vehicle
2.42 as defined in section 84.92, subdivision 8; except (1) an
3.1 all-terrain vehicle described in paragraph (b), or (2) an
3.2 all-terrain vehicle licensed as a motor vehicle before August 1,
3.3 1985, in which case. The owner may continue to license it an
3.4 all-terrain vehicle described in clause (2) as a motor vehicle
3.5 until it is conveyed or otherwise transferred to another owner,
3.6 is destroyed, or fails to comply with the registration and
3.7 licensing requirements of this chapter.
3.8 Sec. 2. Minnesota Statutes 2000, section 168.011,
3.9 subdivision 34, is amended to read:
3.10 Subd. 34. [FLEET.] "Fleet" means a combination of 100 50
3.11 or more vehicles and trailers owned by a person solely for the
3.12 use of that person or employees of the person and registered in
3.13 this state under section 168.127. It does not include vehicles
3.14 licensed under section 168.187.
3.15 Sec. 3. Minnesota Statutes 2001 Supplement, section
3.16 168.012, subdivision 1, is amended to read:
3.17 Subdivision 1. [VEHICLES EXEMPT FROM TAX, FEES, OR PLATE
3.18 DISPLAY.] (a) The following vehicles are exempt from the
3.19 provisions of this chapter requiring payment of tax and
3.20 registration fees, except as provided in subdivision 1c:
3.21 (1) vehicles owned and used solely in the transaction of
3.22 official business by the federal government, the state, or any
3.23 political subdivision;
3.24 (2) vehicles owned and used exclusively by educational
3.25 institutions and used solely in the transportation of pupils to
3.26 and from those institutions;
3.27 (3) vehicles used solely in driver education programs at
3.28 nonpublic high schools;
3.29 (4) vehicles owned by nonprofit charities and used
3.30 exclusively to transport disabled persons for educational
3.31 purposes;
3.32 (5) vehicles owned and used by honorary consul;
3.33 (6) ambulances owned by ambulance services licensed under
3.34 section 144E.10, the general appearance of which is
3.35 unmistakable; and
3.36 (7) (6) vehicles owned by a commercial driving school
4.1 licensed under section 171.34, or an employee of a commercial
4.2 driving school licensed under section 171.34, and the vehicle is
4.3 used exclusively for driver education and training.
4.4 (b) Vehicles owned by the federal government, municipal
4.5 fire apparatuses including fire-suppression support vehicles,
4.6 police patrols, and ambulances, the general appearance of which
4.7 is unmistakable, are not required to register or display number
4.8 plates.
4.9 (c) Unmarked vehicles used in general police work, liquor
4.10 investigations, or arson investigations, and passenger
4.11 automobiles, pickup trucks, and buses owned or operated by the
4.12 department of corrections, must be registered and must display
4.13 appropriate license number plates, furnished by the registrar at
4.14 cost. Original and renewal applications for these license
4.15 plates authorized for use in general police work and for use by
4.16 the department of corrections must be accompanied by a
4.17 certification signed by the appropriate chief of police if
4.18 issued to a police vehicle, the appropriate sheriff if issued to
4.19 a sheriff's vehicle, the commissioner of corrections if issued
4.20 to a department of corrections vehicle, or the appropriate
4.21 officer in charge if issued to a vehicle of any other law
4.22 enforcement agency. The certification must be on a form
4.23 prescribed by the commissioner and state that the vehicle will
4.24 be used exclusively for a purpose authorized by this section.
4.25 (d) Unmarked vehicles used by the departments of revenue
4.26 and labor and industry, fraud unit, in conducting seizures or
4.27 criminal investigations must be registered and must display
4.28 passenger vehicle classification license number plates,
4.29 furnished at cost by the registrar. Original and renewal
4.30 applications for these passenger vehicle license plates must be
4.31 accompanied by a certification signed by the commissioner of
4.32 revenue or the commissioner of labor and industry. The
4.33 certification must be on a form prescribed by the commissioner
4.34 and state that the vehicles will be used exclusively for the
4.35 purposes authorized by this section.
4.36 (e) Unmarked vehicles used by the division of disease
5.1 prevention and control of the department of health must be
5.2 registered and must display passenger vehicle classification
5.3 license number plates. These plates must be furnished at cost
5.4 by the registrar. Original and renewal applications for these
5.5 passenger vehicle license plates must be accompanied by a
5.6 certification signed by the commissioner of health. The
5.7 certification must be on a form prescribed by the commissioner
5.8 and state that the vehicles will be used exclusively for the
5.9 official duties of the division of disease prevention and
5.10 control.
5.11 (f) Unmarked vehicles used by staff of the gambling control
5.12 board in gambling investigations and reviews must be registered
5.13 and must display passenger vehicle classification license number
5.14 plates. These plates must be furnished at cost by the
5.15 registrar. Original and renewal applications for these
5.16 passenger vehicle license plates must be accompanied by a
5.17 certification signed by the board chair. The certification must
5.18 be on a form prescribed by the commissioner and state that the
5.19 vehicles will be used exclusively for the official duties of the
5.20 gambling control board.
5.21 (g) All other motor vehicles must be registered and display
5.22 tax-exempt number plates, furnished by the registrar at cost,
5.23 except as provided in subdivision 1c. All vehicles required to
5.24 display tax-exempt number plates must have the name of the state
5.25 department or political subdivision, nonpublic high school
5.26 operating a driver education program, or licensed commercial
5.27 driving school, plainly displayed on both sides of the vehicle;
5.28 except that each state hospital and institution for the mentally
5.29 ill and mentally retarded may have one vehicle without the
5.30 required identification on the sides of the vehicle, and county
5.31 social service agencies may have vehicles used for child and
5.32 vulnerable adult protective services without the required
5.33 identification on the sides of the vehicle. This identification
5.34 must be in a color giving contrast with that of the part of the
5.35 vehicle on which it is placed and must endure throughout the
5.36 term of the registration. The identification must not be on a
6.1 removable plate or placard and must be kept clean and visible at
6.2 all times; except that a removable plate or placard may be
6.3 utilized on vehicles leased or loaned to a political subdivision
6.4 or to a nonpublic high school driver education program.
6.5 Sec. 4. Minnesota Statutes 2000, section 168.013,
6.6 subdivision 3, is amended to read:
6.7 Subd. 3. [APPLICATION; CANCELLATION; EXCESSIVE GROSS
6.8 WEIGHT FORBIDDEN.] (a) The applicant for all licenses based on
6.9 gross weight shall state the unloaded weight of the motor
6.10 vehicle, trailer, or semitrailer and the maximum load the
6.11 applicant proposes to carry thereon on it, the sum of
6.12 which shall constitute constitutes the gross weight upon which
6.13 the license tax shall must be paid, but in no case shall.
6.14 However, the declared gross weight upon which the tax is
6.15 paid must not be less than 1-1/4 times the declared unloaded
6.16 weight of the motor vehicle, trailer, or semitrailer to be
6.17 registered, except recreational vehicles taxed under subdivision
6.18 1g, school buses taxed under subdivision 18, and tow trucks or
6.19 towing vehicles defined in section 169.01, subdivision 52. The
6.20 gross weight of a tow truck or towing vehicle is the actual
6.21 weight of the tow truck or towing vehicle fully equipped, but
6.22 does not include the weight of a wrecked or disabled vehicle
6.23 towed or drawn by the tow truck or towing vehicle.
6.24 (b) The gross weight of no a motor vehicle, trailer, or
6.25 semitrailer shall must not exceed the gross weight upon which
6.26 the license tax has been paid by more than four percent or 1,000
6.27 pounds, whichever is greater.
6.28 (c) The gross weight of the motor vehicle, trailer, or
6.29 semitrailer for which the license tax is paid shall must be
6.30 indicated by a distinctive character on the license plate or
6.31 plates except as provided in subdivision 12 and the plate or
6.32 plates shall must be kept clean and clearly visible at all times.
6.33 (d) The owner, driver, or user of a motor vehicle, trailer,
6.34 or semitrailer, upon conviction for transporting a gross weight
6.35 in excess of the gross weight for which it was registered or for
6.36 operating a vehicle with an axle weight exceeding the maximum
7.1 lawful axle load weight shall be, is guilty of a misdemeanor and
7.2 be subject to increased registration or reregistration according
7.3 to the following schedule:
7.4 (1) The owner, driver or user of a motor vehicle, trailer
7.5 or semitrailer Upon conviction for transporting a gross weight
7.6 in excess of the gross weight for which it a motor vehicle,
7.7 trailer, or semitrailer is registered by more than four percent
7.8 or 1,000 pounds, whichever is greater, but less than 25 percent,
7.9 or for operating or using a motor vehicle, trailer, or
7.10 semitrailer with an axle weight exceeding the maximum lawful
7.11 axle load as provided in section 169.825 by more than four
7.12 percent or 1,000 pounds, whichever is greater, but less than 25
7.13 percent, the owner, driver, or user of the motor vehicle,
7.14 trailer, or semitrailer used to commit the violation, in
7.15 addition to any penalty imposed for the misdemeanor, shall apply
7.16 to the registrar to increase the authorized gross weight to be
7.17 carried on the vehicle to a weight equal to or greater than the
7.18 gross weight the owner, driver, or user was convicted of
7.19 carrying,. The increase is computed for the balance of the
7.20 calendar year on the basis of 1/12 of the annual tax for each
7.21 month remaining in the calendar year beginning with the first
7.22 day of the month in which the violation occurred. If the
7.23 additional registration tax computed upon that weight, plus the
7.24 tax already paid, amounts to more than the regular tax for the
7.25 maximum gross weight permitted for the vehicle under section
7.26 169.825, that additional amount shall must nevertheless be paid
7.27 into the highway fund, but the additional tax thus paid shall
7.28 does not authorize or permit any person to operate the vehicle
7.29 to be operated with a gross weight in excess of the maximum
7.30 legal weight as provided by section 169.825. Unless the owner
7.31 within 30 days after a conviction shall apply applies to
7.32 increase the authorized weight and pay pays the additional tax
7.33 as provided in this section, the registrar shall revoke the
7.34 registration on the vehicle and demand the return of the
7.35 registration card and plates issued on that registration.
7.36 (2) The owner or driver or user of a motor vehicle, trailer
8.1 or semitrailer Upon conviction of an owner, driver, or user of a
8.2 motor vehicle, trailer, or semitrailer for transporting a gross
8.3 weight in excess of the gross weight for which the motor
8.4 vehicle, trailer, or semitrailer was registered by 25 percent or
8.5 more, or for operating or using a the vehicle or trailer with an
8.6 axle weight exceeding the maximum lawful axle load as provided
8.7 in section 169.825 by 25 percent or more, and in addition to any
8.8 penalty imposed for the misdemeanor, the registrar shall have
8.9 either (i) cancel the reciprocity privileges on the vehicle
8.10 involved if the vehicle is being operated under
8.11 reciprocity canceled by the registrar, or (ii) if the vehicle is
8.12 not being operated under reciprocity, cancel the certificate of
8.13 registration on the vehicle operated shall be canceled by the
8.14 registrar and the registrar shall demand the return of the
8.15 registration certificate and registration plates. The registrar
8.16 may not cancel the registration or reciprocity privileges for
8.17 any vehicle found in violation of seasonal load restrictions
8.18 imposed under section 169.87 unless the axle weight exceeds the
8.19 year-round weight limit for the highway on which the violation
8.20 occurred. The registrar may investigate any allegation of gross
8.21 weight violations and demand that the operator show cause why
8.22 all future operating privileges in the state should not be
8.23 revoked unless the additional tax assessed is paid.
8.24 (3) Clause (1) does not apply to the first haul of
8.25 unprocessed or raw farm products or unfinished forest products,
8.26 when the registered gross weight is not exceeded by more than
8.27 ten percent. For purposes of this clause, "first haul" means (i)
8.28 the first, continuous transportation of unprocessed or raw farm
8.29 products from the place of production or on-farm storage site to
8.30 any other location within 50 miles of the place of production or
8.31 on-farm storage site, or (ii) the first, continuous
8.32 transportation of unfinished forest products from the place of
8.33 production to the place of first unloading.
8.34 (4) When the registration on a motor vehicle, trailer, or
8.35 semitrailer is revoked by the registrar according to provisions
8.36 of this section, the vehicle shall must not be operated on the
9.1 highways of the state until it is registered or reregistered, as
9.2 the case may be, and new plates issued, and the registration fee
9.3 shall be is the annual tax for the total gross weight of the
9.4 vehicle at the time of violation. The reregistration pursuant
9.5 to this subdivision of any vehicle operating under reciprocity
9.6 agreements pursuant to section 168.181 or 168.187 shall must be
9.7 at the full annual registration fee without regard to the
9.8 percentage of vehicle miles traveled in this state.
9.9 Sec. 5. Minnesota Statutes 2000, section 168.09,
9.10 subdivision 1, is amended to read:
9.11 Subdivision 1. [REGISTRATION REQUIRED.] No trailer or
9.12 motor vehicle, except as is exempted by section 168.012, shall
9.13 use may be used or be operated upon the public streets or
9.14 highways of the state in any calendar year until it is
9.15 registered, as provided in this section, and the motor vehicle
9.16 tax and fees as provided in this chapter are paid, and the
9.17 number plates issued for the trailer or motor vehicle are
9.18 displayed on the vehicle it. No trailer or motor vehicle,
9.19 except as provided by section 168.012, which shall for any
9.20 reason is not be subject to taxation as provided in this
9.21 chapter, shall use may be used or be operated upon the public
9.22 streets or highways of this state until it is registered, as
9.23 provided in this section, and shall display displays number
9.24 plates as required by the provisions of this chapter, except
9.25 that the purchaser of a new trailer or motor vehicle may operate
9.26 that motor vehicle it without plates if the permit authorized by
9.27 section 168.091 or 168.092 is displayed.
9.28 Sec. 6. Minnesota Statutes 2000, section 168.09,
9.29 subdivision 3, is amended to read:
9.30 Subd. 3. [PRORATABLE VEHICLES; OTHER VEHICLES.] (a) Plates
9.31 or other insignia issued for a motor vehicle registered under
9.32 the provisions of section 168.187 for a calendar year shall be
9.33 displayed on the motor vehicle not later than 12:01 a.m. on
9.34 March 2 of the year unless extended by the registrar for the
9.35 period of time required for the issuance of the new plates or
9.36 insignia. The commissioner of public safety shall register all
10.1 motor vehicles registered under section 168.187 for a period of
10.2 14 months for the registration year 1994 to implement the
10.3 provisions of this subdivision. The registration year for
10.4 vehicles registered under section 168.187, as provided in this
10.5 section shall be, is from March 1 to the last day of February
10.6 for 1995 and succeeding years.
10.7 (b) Except for a motor vehicle registered under section
10.8 168.017 or 168.187, plates or other insignia issued for a
10.9 self-propelled motor vehicle registered for over 27,000
10.10 pounds except a motor vehicle registered under the provision of
10.11 sections 168.017 and 168.187 shall be displayed on the vehicle
10.12 not later than 12:01 a.m. on March 2 of the year, nor and,
10.13 except for recreational equipment, not earlier than 12:01 a.m.
10.14 on February 15 of the year, unless otherwise extended by the
10.15 registrar for the period of time required for the issuance of
10.16 issuing the new plates or insignia.
10.17 (c) Except for a motor vehicle registered under section
10.18 168.017 or 168.187, plates or other insignia issued for a
10.19 self-propelled vehicle registered for 27,000 pounds or less and
10.20 all other motor vehicles except those registered under the
10.21 provisions of section 168.017 or 168.187 shall be displayed not
10.22 later than 12:01 a.m. on March 2 of the year, and, except for
10.23 recreational equipment, not earlier than January 1 of the year
10.24 unless otherwise extended by the registrar for the period of
10.25 time required for the issuance of issuing the new plates or
10.26 insignia. The registration year for all vehicles as provided in
10.27 this paragraph and paragraph (b) shall be is from March 1 to the
10.28 last day of February for 1979 and succeeding years.
10.29 Sec. 7. Minnesota Statutes 2000, section 168.10,
10.30 subdivision 1c, is amended to read:
10.31 Subd. 1c. [COLLECTOR'S VEHICLE, COLLECTOR LICENSE.] (a)
10.32 The owner of any motor vehicle, including any truck, that is at
10.33 least 20 model years old and, was manufactured after 1935, or
10.34 any motor vehicle of a defunct make defined as any car or truck
10.35 originally licensed as a separate identifiable make as
10.36 designated by the division of motor vehicles, and is owned and
11.1 operated solely as a collector's vehicle, shall be listed list
11.2 the vehicle for taxation and registration as follows:
11.3 (1) execute an affidavit shall be executed stating the name
11.4 and address of the person from whom purchased and of the new
11.5 owner, the make of the motor vehicle, the year and number of the
11.6 model, the manufacturer's identification number, and that the
11.7 vehicle is owned and operated solely as a collector's item and
11.8 not for general transportation purposes. The owner must also;
11.9 and
11.10 (2) prove that the owner also has one or more vehicles with
11.11 regular license plates.
11.12 If the registrar is satisfied that the affidavit is true and
11.13 correct and the owner pays a $25 tax, the registrar shall list
11.14 the vehicle for taxation and registration and shall issue a
11.15 single number plate.
11.16 (b) The number plate issued shall bear the inscription
11.17 "Collector," "Minnesota," and the registration number or other
11.18 combination of characters authorized under section 168.12,
11.19 subdivision 2a, but no date. The number plate is valid without
11.20 renewal as long as the vehicle is in existence. The registrar
11.21 has the power to revoke the plate for failure to comply with
11.22 this subdivision.
11.23 Sec. 8. [168.1255] [SPECIAL VETERAN CONTRIBUTION LICENSE
11.24 PLATES.]
11.25 Subdivision 1. [GENERAL REQUIREMENTS AND PROCEDURES.] The
11.26 registrar shall issue special veteran contribution license
11.27 plates to an applicant who:
11.28 (1) is a veteran, as defined in section 197.447;
11.29 (2) is an owner or joint owner of a passenger automobile,
11.30 pickup truck, or van;
11.31 (3) pays a fee of $10 to cover the costs of handling and
11.32 manufacturing the plates;
11.33 (4) pays the registration tax required under section
11.34 168.013;
11.35 (5) pays the fees required under this chapter;
11.36 (6) pays an additional one-time World War II memorial
12.1 contribution of $30, which the department shall retain until all
12.2 start-up costs associated with the development and issuing of
12.3 the plates have been recovered, after which the commissioner
12.4 shall deposit contributions in the World War II donation match
12.5 account; and
12.6 (7) complies with laws and rules governing registration and
12.7 licensing of vehicles and drivers.
12.8 Subd. 2. [DESIGN.] The commissioner of veterans affairs
12.9 shall design the special plates, subject to the approval of the
12.10 registrar, that satisfy the following requirements:
12.11 (1) the special veteran contribution plates must bear the
12.12 inscription "PROUD TO BE A VETERAN" on the bottom of the plate;
12.13 and
12.14 (2) the flag of the United States of America must appear on
12.15 the left side of the plate just preceding the first letter or
12.16 numeral of the special license plate number.
12.17 Subd. 3. [PLATE TRANSFERS.] Notwithstanding section
12.18 168.12, subdivision 1, on payment of a transfer fee of $5,
12.19 plates issued under this section may be transferred to another
12.20 passenger automobile, pickup truck, or van owned or jointly
12.21 owned by the person to whom the special plates were issued.
12.22 Subd. 4. [FEES CREDITED.] The fees collected under this
12.23 section must be deposited in the state treasury and credited to
12.24 the highway user tax distribution fund. Fees collected under
12.25 this section do not include the contributions collected for the
12.26 World War II memorial donation match account.
12.27 Subd. 5. [RECORD.] The registrar shall maintain a record
12.28 of the number of special plates issued under this section.
12.29 Sec. 9. Minnesota Statutes 2000, section 168.27, as
12.30 amended by Laws 2001, chapter 151, section 1; and Laws 2001,
12.31 First Special Session chapter 8, article 2, sections 35 and 36,
12.32 is amended to read:
12.33 168.27 [MOTOR VEHICLE DEALERS; VIOLATIONS, PENALTIES.]
12.34 Subdivision 1. [DEFINITIONS.] (a) For the purposes of this
12.35 section, the following terms in paragraphs (b) to (o) have the
12.36 meanings given them:.
13.1 (1) (b) "Leasing motor vehicles" means furnishing a motor
13.2 vehicle for a fee under a bailor-bailee relationship where no
13.3 incidences of ownership are intended to be transferred other
13.4 than the right to use the vehicle for a stated period of time.
13.5 (2) (c) "Brokering motor vehicles" means arranging sales or
13.6 leases between buyers and sellers, or lessees and lessors, of
13.7 motor vehicles and receiving a fee for those services.
13.8 (3) (d) "Wholesaling motor vehicles" means selling new or
13.9 used motor vehicles to dealers for resale to the public.
13.10 (4) (e) "Auctioning motor vehicles" means arranging for and
13.11 handling the sale of motor vehicles, not the property of the
13.12 auctioneer, to the highest bidder.
13.13 (5) (f) "Dealer" includes licensed new motor vehicle
13.14 dealers, used motor vehicle dealers, motor vehicle brokers,
13.15 wholesalers, auctioneers, lessors of new or used motor vehicles,
13.16 scrap metal processors, used vehicle parts dealers, and salvage
13.17 pools.
13.18 (6) (g) "Commercial building" means a permanent, enclosed
13.19 building that is on a permanent foundation and connected to
13.20 local sewer and water facilities or otherwise complying with
13.21 local sanitary codes, is adapted to commercial use, and conforms
13.22 to local government zoning requirements. "Commercial building"
13.23 may include strip office malls or garages if a separate entrance
13.24 and a separate address are maintained and the dealership is
13.25 clearly identified as a separate business.
13.26 (7) (h) "Commercial office space" means office space
13.27 occupying all or part of a commercial building.
13.28 (8) (i) "Horse trailer" is a trailer designed and used to
13.29 carry horses and other livestock, which has not more than three
13.30 axles and a maximum gross weight capacity of not more than
13.31 24,000 pounds.
13.32 (9) (j) "Used motor vehicle" means a motor vehicle for
13.33 which title has been transferred from the person who first
13.34 acquired it from the manufacturer, distributor, or dealer. A
13.35 new motor vehicle will not be considered a used motor vehicle
13.36 until it has been placed in actual operation and not held for
14.1 resale by an owner who has been granted a certificate of title
14.2 on the motor vehicle and has registered the motor vehicle in
14.3 accordance with this chapter and chapters 168A and 297B, or the
14.4 laws of the residence of the owner.
14.5 (10) (k) "New motor vehicle" means a motor vehicle other
14.6 than described in paragraph (9) (j).
14.7 (11) (l) "Junked vehicle" means a vehicle that is declared
14.8 unrepairable under section 168A.151.
14.9 (12) (m) "Motor vehicle" has the meaning given it in
14.10 section 168.011, subdivision 4, and also includes a park trailer
14.11 as defined in section 168.011, subdivision 8.
14.12 (13) (n) "Motor vehicle broker" means a person who arranges
14.13 the sale of a motor vehicle between a buyer and a seller, or the
14.14 lease of a motor vehicle between a lessee and a lessor, for
14.15 which service the broker receives a fee.
14.16 (o) "Registration year" means the 12-month period for which
14.17 a dealer license is issued.
14.18 Subd. 1a. [DEALER LICENSE CATEGORIES.] (a) No person shall
14.19 engage in the business of selling new motor vehicles or shall
14.20 offer to sell, solicit, deliver, or advertise the sale of new
14.21 motor vehicles without first acquiring a new motor vehicle
14.22 dealer license.
14.23 (b) No person shall engage in the business of selling used
14.24 motor vehicles or shall offer to sell, solicit, deliver, or
14.25 advertise the sale of used motor vehicles without first
14.26 acquiring a used motor vehicle dealer license.
14.27 (c) No person shall engage in the business of buying or
14.28 otherwise acquiring vehicles other than hulks; or offering to
14.29 buy or otherwise acquire, or soliciting or advertising the
14.30 buying or acquiring of, vehicles other than hulks for processing
14.31 and selling the metal for remelting without first acquiring a
14.32 scrap metal processor license.
14.33 For purposes of this paragraph, a "hulk" is a motor vehicle
14.34 that is incapable, under its own power, of moving and is
14.35 incapable of transporting persons or property and has had
14.36 valuable used parts removed. Its sole value is its metallic
15.1 content.
15.2 (d) No person shall be primarily engaged in the business of
15.3 buying or otherwise acquiring vehicles for the purpose of
15.4 dismantling the vehicles and selling used parts and the
15.5 remaining scrap metals without first acquiring a used vehicle
15.6 parts dealer license.
15.7 (e) No person shall engage in the business of storing and
15.8 displaying, offering to store or display, or soliciting or
15.9 advertising the storing or displaying, for sale, of damaged or
15.10 junked vehicles as an agent or escrow agent of an insurance
15.11 company without first acquiring a vehicle salvage pool license.
15.12 (f) No person shall engage in the business of leasing motor
15.13 vehicles or shall offer to lease, solicit or advertise to lease
15.14 motor vehicles without first acquiring a motor vehicle lessor
15.15 license.
15.16 (g) No person shall engage in the business of wholesaling
15.17 motor vehicles to dealers for resale or shall offer to sell,
15.18 solicit or advertise the sale of motor vehicles to dealers for
15.19 resale without first acquiring a motor vehicle wholesaler
15.20 license.
15.21 (h) No person shall engage in the business of auctioning
15.22 motor vehicles for more than one owner at an auction or shall
15.23 offer to sell, solicit or advertise the sale of motor vehicles
15.24 at auction without first acquiring a motor vehicle auctioneer
15.25 license.
15.26 (i) No person shall engage in the business of brokering
15.27 motor vehicles without first acquiring a motor vehicle broker's
15.28 license.
15.29 Subd. 2. [NEW MOTOR VEHICLE DEALER.] (a) No person shall
15.30 engage in the business of selling new motor vehicles or shall
15.31 offer to sell, solicit, deliver, or advertise the sale of new
15.32 motor vehicles without first acquiring a new motor vehicle
15.33 dealer license. A new motor vehicle dealer licensee shall be
15.34 entitled thereunder to may sell, broker, wholesale, or auction
15.35 and to solicit and advertise the sale, broker brokerage,
15.36 wholesale, or auction of new motor vehicles covered by the
16.1 franchise and any used motor vehicles or to, and may lease and
16.2 to solicit and advertise the lease of new motor vehicles and any
16.3 used motor vehicles and such. New motor vehicle dealer sales or
16.4 leases may be either for consumer use at retail or for resale to
16.5 a dealer. A new motor vehicle dealer may engage in the business
16.6 of buying or otherwise acquiring vehicles for dismantling the
16.7 vehicles and selling used parts and remaining scrap materials
16.8 under chapter 168A, except that a new motor vehicle dealer may
16.9 not purchase a junked vehicle from a salvage pool, insurance
16.10 company, or its agent unless the dealer is also licensed as a
16.11 used vehicle parts dealer. Nothing herein shall be construed to
16.12 require in this subdivision requires an applicant for a dealer
16.13 license who proposes to deal in: (1) new and unused motor
16.14 vehicle bodies; or (2) type A, B, or C motor homes as defined in
16.15 section 168.011, subdivision 25, to have a bona fide contract or
16.16 franchise in effect with either the first-stage manufacturer of
16.17 the motor home or the manufacturer or distributor of any motor
16.18 vehicle chassis upon which the new and unused motor vehicle body
16.19 is mounted. The modification or conversion of a new van-type
16.20 vehicle into a multipurpose passenger vehicle which is not a
16.21 motor home does not constitute dealing in new or unused motor
16.22 vehicle bodies, and a person engaged in the business of selling
16.23 these van-type vehicles must have a bona fide contract or
16.24 franchise with the appropriate manufacturer under subdivision
16.25 10. A van converter or modifier who owns these modified or
16.26 converted van-type vehicles may sell them at wholesale to new
16.27 motor vehicle dealers having a bona fide contract or franchise
16.28 with the first-stage manufacturer of the vehicles.
16.29 (b) The requirements pertaining to franchises do not apply
16.30 to persons who remodel or convert motor vehicles for medical
16.31 purposes. For purposes of this subdivision, "medical purpose"
16.32 means certification by a licensed physician that remodeling or
16.33 conversion of a motor vehicle is necessary to enable a disabled
16.34 person to use the vehicle.
16.35 (c) A new motor vehicle dealer shall not deliver a
16.36 manufacturer's or importer's certificate of origin for a
17.1 passenger automobile, pickup truck, or van requiring a
17.2 certificate of title pursuant according to chapter 168A to any
17.3 person in conjunction with the sale of a vehicle except to the
17.4 department, another new motor vehicle dealer licensed to sell
17.5 the same line or make, or a person whose primary business is
17.6 picking up and delivering motor vehicle title documents.
17.7 (d) If a new motor vehicle dealer agrees to sell or lease a
17.8 new motor vehicle using the services of a motor vehicle broker,
17.9 the new motor vehicle dealer may not refuse to deliver
17.10 possession of the vehicle to the buyer or lessee. This
17.11 paragraph does not require delivery unless all arrangements have
17.12 been properly completed for payment, insurance required by law,
17.13 titling, transfer, and registration of the new vehicle and any
17.14 trade-in vehicle. Delivery may take place at or away from the
17.15 dealership.
17.16 Subd. 3. [USED MOTOR VEHICLE DEALER.] No person shall
17.17 engage in the business of selling or arranging the sale of used
17.18 motor vehicles or shall offer to sell, solicit, arrange, or
17.19 advertise the sale of used motor vehicles without first
17.20 acquiring a used motor vehicle dealer license. A used motor
17.21 vehicle dealer licensee shall be entitled thereunder to may
17.22 sell, lease, broker, wholesale, or auction and to solicit and
17.23 advertise the sale, lease, broker brokerage, wholesale, or
17.24 auction of any used motor vehicles for consumer use at retail or
17.25 for resale to a dealer. A used motor vehicle dealer may engage
17.26 in the business of buying or otherwise acquiring vehicles for
17.27 dismantling the vehicles and selling used parts and remaining
17.28 scrap materials under chapter 168A, except that a used motor
17.29 vehicle dealer may not acquire a junked vehicle from a salvage
17.30 pool, insurance company, or its agent, unless the dealer is also
17.31 licensed as a used vehicle parts dealer.
17.32 Subd. 3a. [SCRAP METAL PROCESSOR.] (a) A person must have
17.33 a scrap metal processor license to engage in the business of:
17.34 (1) buying or otherwise acquiring vehicles other than
17.35 hulks; or
17.36 (2) offering to buy or otherwise acquire, or soliciting or
18.1 advertising the buying or acquiring of, vehicles other than
18.2 hulks for processing and selling the metal for remelting. For
18.3 purposes of this subdivision, a "hulk" is a motor vehicle that
18.4 is incapable, under its own power, of moving and is incapable of
18.5 transporting persons or property and has had any valuable used
18.6 parts removed. Its sole value is its metallic content.
18.7 (b) A scrap metal processor licensee is entitled to may buy
18.8 or otherwise acquire vehicles and to solicit and advertise the
18.9 buying or acquiring of vehicles for processing and selling the
18.10 metal for remelting. A scrap metal processor licensee may not
18.11 acquire a junked vehicle for the purpose of dismantling and
18.12 selling used vehicle parts and remaining scrap materials unless
18.13 the scrap metal processor is also licensed as a used vehicle
18.14 parts dealer.
18.15 Subd. 3b. [USED VEHICLE PARTS DEALER.] A person must have
18.16 a used vehicle parts dealer's license to be primarily engaged in
18.17 the business of buying or otherwise acquiring vehicles for the
18.18 purpose of dismantling the vehicles and selling used parts and
18.19 the remaining scrap metals.
18.20 Subd. 3c. [VEHICLE SALVAGE POOL.] A person must have a
18.21 vehicle salvage pool license to engage in the business of:
18.22 storing and displaying, offering to store or display, or
18.23 soliciting or advertising the storing or displaying, for sale,
18.24 of damaged or junked vehicles as an agent or escrow agent of an
18.25 insurance company. A vehicle salvage pool licensee is entitled
18.26 to may store and display and to may solicit and advertise the
18.27 storing and displaying, for sale, of damaged or junked vehicles
18.28 as an agent or escrow agent of an insurance company. A vehicle
18.29 salvage pool licensee shall not sell junked vehicles to any
18.30 party other than a licensed used parts dealer.
18.31 Subd. 4. [MOTOR VEHICLE LESSOR.] No person shall engage in
18.32 the business of leasing motor vehicles or shall offer to lease,
18.33 solicit or advertise to lease motor vehicles without first
18.34 acquiring a motor vehicle lessor license. A motor vehicle
18.35 lessor licensee shall be entitled thereunder to may lease or
18.36 rent either by the hour, day or longer period for a fee and to
19.1 may solicit and advertise the lease or rental of motor
19.2 vehicles. A motor vehicle lessor having leased motor vehicles,
19.3 may sell the vehicles upon their return to the lessor after
19.4 termination or expiration of the lease without obtaining a used
19.5 motor vehicle dealer license.
19.6 Subd. 4a. [LIMITED USED VEHICLE LICENSE.] A limited used
19.7 vehicle license shall be provided to a nonprofit charitable
19.8 organization that qualifies for tax exemption under section
19.9 501(c)(3) of the Internal Revenue Code whose primary business in
19.10 the transfer of vehicles is to raise funds for the corporation,
19.11 who acquires vehicles for sale through donation, and who uses a
19.12 licensed motor vehicle auctioneer to sell vehicles to retail
19.13 customers. This license does not apply to educational
19.14 institutions whose primary purpose is to train students in the
19.15 repair, maintenance, and sale of motor vehicles. A limited used
19.16 vehicle license allows the organization to accept assignment of
19.17 vehicles without the requirement to transfer title as provided
19.18 in section 168A.10 until sold to a retail customer. Limited
19.19 used vehicle license holders are not entitled to dealer plates,
19.20 and shall report all vehicles held for resale to the department
19.21 of public safety in a manner and time prescribed by the
19.22 department.
19.23 Subd. 5a. [CONSIGNMENT SALES.] No person may solicit,
19.24 accept, offer for sale, or sell motor vehicles for consignment
19.25 sale unless licensed as a new or used motor vehicle dealer, a
19.26 motor vehicle wholesaler, or a motor vehicle auctioneer. This
19.27 requirement does not apply to a licensed auctioneer selling
19.28 motor vehicles at an auction if, in the ordinary course of the
19.29 auctioneer's business, the sale of motor vehicles is incidental
19.30 to the sale of other real or personal property. Incidental
19.31 means up to a total of ten but no more than ten percent of the
19.32 items in the posted auction bill are motor vehicles.
19.33 Subd. 6. [MOTOR VEHICLE WHOLESALER.] No person shall
19.34 engage in the business of wholesaling motor vehicles to dealers
19.35 for resale or shall offer to sell, solicit or advertise the sale
19.36 of motor vehicles to dealers for resale without first acquiring
20.1 a motor vehicle wholesaler license. A motor vehicle wholesaler
20.2 licensee shall be entitled thereunder to may sell, solicit or
20.3 advertise the sale of motor vehicles at wholesale for resale;
20.4 provided that a wholesaler may sell, solicit, or advertise the
20.5 sale of new motor vehicles only to dealers duly licensed to sell
20.6 the same make of motor vehicles.
20.7 Subd. 7. [MOTOR VEHICLE AUCTIONEER.] No person shall
20.8 engage in the business of auctioning motor vehicles for more
20.9 than one owner at an auction or shall offer to sell, solicit or
20.10 advertise the sale of motor vehicles at auction without first
20.11 acquiring a motor vehicle auctioneer license. A motor vehicle
20.12 auctioneer licensee shall be entitled thereunder to may sell,
20.13 solicit and advertise the sale of used motor vehicles belonging
20.14 to others at auction.
20.15 Subd. 7a. [MOTOR VEHICLE BROKER.] (a) No person shall
20.16 engage in the business of brokering motor vehicles without first
20.17 acquiring a motor vehicle broker's license. A motor vehicle
20.18 broker shall provide each buyer or lessee with a written
20.19 disclosure stating whether the motor vehicle broker receives a
20.20 fee from the dealers with whom the broker does business. The
20.21 new or used motor vehicle dealer shall be is the seller of
20.22 record in all such transactions. The motor vehicle dealer may
20.23 pay the motor vehicle broker a fee for brokering services
20.24 rendered. A motor vehicle broker may:
20.25 (1) advertise and solicit the brokering of new motor
20.26 vehicles. A motor vehicle broker shall not advertise or make
20.27 any representations which state, imply, or suggest that the
20.28 motor vehicle broker itself sells vehicles, is authorized to
20.29 sell vehicles, or obtains vehicles directly from the motor
20.30 vehicle manufacturer. All advertising or other solicitations by
20.31 a motor vehicle broker shall disclose that sales of new motor
20.32 vehicles are arranged through franchised motor vehicle dealers;
20.33 (2) negotiate or quote the sale price or lease terms of
20.34 motor vehicles;
20.35 (3) prepare and deliver documents necessary to the
20.36 transaction;
21.1 (4) accept a down payment not to exceed $500, but otherwise
21.2 may not accept payment in full or in part for a motor vehicle
21.3 unless the payment is in the form of a negotiable instrument
21.4 payable to the vehicle dealer;
21.5 (5) accompany a motor vehicle purchaser or lessee at the
21.6 time of delivery by the selling dealer of a new motor vehicle;
21.7 and
21.8 (6) be present when warranties and safety features are
21.9 described by the selling dealer in conjunction with the delivery
21.10 of a new motor vehicle.
21.11 (b) A motor vehicle broker shall not:
21.12 (1) engage in the business of selling new or used motor
21.13 vehicles as described in subdivisions 2 and 3;
21.14 (2) execute contracts or official documents for the sale or
21.15 lease of a new motor vehicle;
21.16 (3) describe a new vehicle's warranties or safety features
21.17 in conjunction with the delivery of a new motor vehicle;
21.18 (4) display motor vehicles available for sale or lease; or
21.19 (5) perform any dealer preparation of new motor vehicles.
21.20 All dealer preparation shall be performed only by a licensed new
21.21 motor vehicle dealer.
21.22 (c) This subdivision does not apply to licensed motor
21.23 vehicle lessors and shall not be construed to restrict licensed
21.24 motor vehicle lessors from brokering motor vehicle leases or
21.25 otherwise engaging in the leasing of motor vehicles in
21.26 accordance with subdivisions 1 and 4.
21.27 Subd. 8. [EXEMPTIONS.] (a) Salespeople and other employees
21.28 of licensed dealers under this section are not required to
21.29 obtain individual licenses.
21.30 (b) Isolated or occasional sales or leases of new or used
21.31 motor vehicles are exempt from this section. A person who makes
21.32 only isolated or occasional sales or leases is not required to
21.33 be licensed under this section, is not considered to be in the
21.34 business of selling or leasing motor vehicles, and does not
21.35 qualify to receive dealer plates under subdivision 16.
21.36 "Isolated or occasional sales or leases" means: (1) the sale or
22.1 lease of a motor vehicle with an actual cash value of $1,000 or
22.2 less made by a charitable organization; (2) the sale, purchase,
22.3 or lease of not more than five motor vehicles in a 12-month
22.4 period, other than pioneer or classic motor vehicles as defined
22.5 in section 168.10, subdivisions 1a and 1b, or (3) sales by a
22.6 licensed auctioneer selling motor vehicles at an auction if, in
22.7 the ordinary course of the auctioneer's business, the sale of
22.8 motor vehicles is incidental to the sale of other real or
22.9 personal property. For purposes of this subdivision, charitable
22.10 organization means a nonprofit charitable organization that
22.11 qualifies for tax exemption under section 501(c)(3) of the
22.12 Internal Revenue Code.
22.13 (c) A person whose sales of new and used motor vehicles
22.14 consist solely of sales to political subdivisions and their
22.15 agencies of vehicles used solely as firefighting equipment is
22.16 not required to obtain a license under this section. The person
22.17 may apply for and receive in-transit plates under subdivision 17
22.18 in the same manner as licensed motor vehicle dealers for the
22.19 purpose of allowing firefighting equipment to be transported
22.20 from the dealer's source of supply or other place of storage to
22.21 the dealer's place of business, to another place of storage, or
22.22 directly to the purchaser.
22.23 Subd. 9. [APPLICATION.] Application for such license and
22.24 renewal thereof shall All license applications under this
22.25 section and all license renewals must be made to the registrar
22.26 of motor vehicles, shall be in writing, and duly verified by
22.27 oath. The applicant shall submit such information as the
22.28 registrar may require to administer this section, on blanks
22.29 provided by the registrar for such purpose in a manner and
22.30 format prescribed by the registrar.
22.31 Subd. 10. [PLACE OF BUSINESS.] (a) All licensees under
22.32 this section shall have an established place of business which
22.33 shall include as a minimum:
22.34 (1) For a new motor vehicle dealer, the following:
22.35 (i) a commercial building owned or under lease by the
22.36 licensee. The lease shall must be for a minimum term of one
23.1 year. The building shall must contain office space where the
23.2 books, records, and files necessary to conduct the business are
23.3 kept and maintained with personnel available during normal
23.4 business hours. Dealership business hours must be conspicuously
23.5 posted on the place of doing business and readily viewable by
23.6 the public;
23.7 (ii) a bona fide contract or franchise (1) in effect with a
23.8 manufacturer or distributor of the new motor vehicles the dealer
23.9 proposes to sell, broker, wholesale, or auction, or (2) in
23.10 effect with the first-stage manufacturer or distributor of new
23.11 motor vehicles purchased from a van converter or modifier which
23.12 the dealer proposes to sell, broker, wholesale, or auction, or
23.13 (3) in effect with the final stage manufacturer of the new type
23.14 A, B, or C motor homes which the dealer proposes to sell,
23.15 broker, wholesale, or auction;
23.16 (iii) a facility for the repair and servicing of motor
23.17 vehicles and the storage of parts and accessories, not to exceed
23.18 ten miles distance from the principal place of business. Such
23.19 The service may be provided through contract with bona fide
23.20 operators actually engaged in such the services;
23.21 (iv) an area either indoors or outdoors to display motor
23.22 vehicles which that is owned or under lease by the licensee; and
23.23 (v) a sign readily viewable by the public that
23.24 clearly identifying identifies the dealership by name which is
23.25 readily viewable by the public.
23.26 (2) For a used motor vehicle dealer, the following:
23.27 (i) a commercial building owned or under lease by the
23.28 licensee. The lease shall must be for a minimum term of one
23.29 year. The building shall must contain office space where the
23.30 books, records, and files necessary to conduct the business are
23.31 kept and maintained with personnel available during normal
23.32 business hours or automatic telephone answering service during
23.33 normal business hours. Dealership business hours must be
23.34 conspicuously posted on the place of doing business and readily
23.35 viewable by the public;
23.36 (ii) an area either indoors or outdoors to display motor
24.1 vehicles which is owned or under lease by the licensee; and
24.2 (iii) a sign readily viewable by the public that
24.3 clearly identifying identifies the dealership by name which is
24.4 readily viewable by the public.
24.5 (3) For a motor vehicle lessor, the following: a
24.6 commercial office space where the books, records, and files
24.7 necessary to conduct the business are kept and maintained with
24.8 personnel available during normal business hours or an automatic
24.9 telephone answering service during normal business hours.
24.10 Business hours must be conspicuously posted on the place of
24.11 doing business and readily viewable by the public. The office
24.12 space must be owned or under lease for a minimum term of one
24.13 year by the licensee.
24.14 (4) For a motor vehicle wholesaler, the following: a
24.15 commercial office space where the books, records, and files
24.16 necessary to conduct the business are kept and maintained with
24.17 personnel available during normal business hours or an automatic
24.18 telephone answering service during normal business hours. The
24.19 office space must be owned or under lease for a minimum term of
24.20 one year by the licensee.
24.21 (5) For a motor vehicle auctioneer, the following: a
24.22 permanent enclosed commercial building, within or without the
24.23 state, on a permanent foundation, owned or under lease by the
24.24 licensee. The lease shall must be for a minimum term of one
24.25 year. The building shall must contain office space where the
24.26 books, records, and files necessary to conduct the business are
24.27 kept and maintained with personnel available during normal
24.28 business hours or an automatic telephone answering service
24.29 during normal business hours.
24.30 (6) For a motor vehicle broker, the following: a
24.31 commercial office space where books, records, and files
24.32 necessary to conduct business are kept and maintained with
24.33 personnel available during normal business hours, or an
24.34 automatic telephone answering service available during normal
24.35 business hours. A sign, clearly identifying the motor vehicle
24.36 broker by name and listing the broker's business hours, must be
25.1 posted in a location and manner readily viewable by a member of
25.2 the public visiting the office space. The office space must be
25.3 owned or under lease for a minimum term of one year by the
25.4 licensee.
25.5 (b) If a new or used motor vehicle dealer maintains more
25.6 than one place of doing business in a county, the separate
25.7 places shall must be listed on the application. If additional
25.8 places of business are maintained outside of one county,
25.9 separate licenses shall must be obtained for each county.
25.10 (c) If a motor vehicle lessor, wholesaler, auctioneer, or
25.11 motor vehicle broker maintains more than one permanent place of
25.12 doing business, either in one or more counties, the separate
25.13 places shall must be listed in the application, but only one
25.14 license shall be is required. If a lessor proposes to sell
25.15 previously leased or rented vehicles or if a broker proposes to
25.16 establish an office at a location outside the seven-county
25.17 metropolitan area, as defined in section 473.121, subdivision 2,
25.18 other than cities of the first class, the lessor or broker must
25.19 obtain a license for each nonmetropolitan area county in which
25.20 the lessor's sales are to take place or where the broker
25.21 proposes to locate an office.
25.22 (d) If a motor vehicle dealer, lessor, wholesaler, or motor
25.23 vehicle broker does not have direct access to a public road or
25.24 street, any privately owned roadway providing access to a public
25.25 road or street must be clearly identified and adequately
25.26 maintained.
25.27 (e) A new or used motor vehicle dealer may establish a
25.28 temporary place of business outside the county where it
25.29 maintains its licensed location to sell horse trailers
25.30 exclusively without obtaining an additional license.
25.31 (f) A new or used motor vehicle dealer may establish a
25.32 temporary place of business outside the county where it
25.33 maintains its licensed location to sell recreational equipment
25.34 exclusively without obtaining an additional license if:
25.35 (1) the dealer establishes a temporary place of business
25.36 for the sale of recreational equipment not more than four times
26.1 during any calendar year;
26.2 (2) each temporary place of business other than an official
26.3 county fair or the Minnesota state fair within the seven-county
26.4 metropolitan area, as defined in section 473.121, subdivision 2,
26.5 is established jointly with at least four other recreational
26.6 equipment dealers;
26.7 (3) each temporary place of business other than an official
26.8 county fair outside the seven-county metropolitan area, as
26.9 defined in section 473.121, subdivision 2, is established
26.10 jointly with at least one other recreational equipment dealer;
26.11 (4) each establishment of a temporary place of business for
26.12 the sale of recreational equipment is for no more than 12
26.13 consecutive days; and
26.14 (5) the dealer notifies the registrar of motor vehicles of
26.15 each temporary place of business for the sale of recreational
26.16 equipment.
26.17 Subd. 11. [LICENSES; FEE.] Application for license or
26.18 notification of a change of location of a license must include a
26.19 street address, not a post office box, and is subject to the
26.20 registrar's approval. Upon the filing of an application for a
26.21 license and the proper fee, the registrar is authorized, unless
26.22 the application on its face appears to be invalid, to grant a
26.23 90-day temporary license and. During said the 90-day
26.24 period following issuance of temporary license, the registrar
26.25 shall investigate the fitness of the applicant, inspect the site
26.26 and make such other investigation as is necessary to insure
26.27 compliance with the licensing law. The registrar may extend the
26.28 temporary license 30 days. At the end of the period of
26.29 investigation the license shall must either be granted or
26.30 denied. The license must be denied if within the previous ten
26.31 years the applicant was enjoined due to a violation of section
26.32 325F.69 or convicted of violating section 325E.14, 325E.15,
26.33 325E.16, or 325F.69, or convicted under section 609.53 of
26.34 receiving or selling stolen vehicles, or convicted of violating
26.35 United States Code, title 15, sections 1981 to 1991, as amended
26.36 through December 31, 1984, or pleaded guilty, entered a plea of
27.1 nolo contendere or no contest, or has been found guilty in a
27.2 court of competent jurisdiction of any charge of failure to pay
27.3 state or federal income or sales taxes or felony charge of
27.4 forgery, embezzlement, obtaining money under false pretenses,
27.5 theft by swindle, extortion, conspiracy to defraud, or bribery.
27.6 The license must also be denied if within the previous year the
27.7 applicant has been denied a license. A license must also be
27.8 denied if the applicant has had a dealer license revoked within
27.9 the previous ten years. If the application is approved, the
27.10 registrar shall license the applicant as a motor vehicle dealer
27.11 for the remainder of the calendar year, one year from the date
27.12 the temporary license is granted and issue a certificate of
27.13 license therefor as the registrar may provide upon which shall
27.14 be placed that must include a distinguishing number of
27.15 identification of such the dealer. The license must be
27.16 displayed in a prominent place in the licensed location. Each
27.17 initial application for a license shall must be accompanied by a
27.18 fee of $50 in addition to the annual fee. The annual fee shall
27.19 be $100. All initial fees and annual fees shall must be paid
27.20 into the state treasury and credited to the general fund. If
27.21 the initial application is received by the registrar after July
27.22 1 of any year, the first annual fee shall be reduced by one-half.
27.23 Subd. 12. [GROUNDS FOR SUSPENSION AND REVOCATION.] (a) A
27.24 license may be suspended or revoked by the registrar of motor
27.25 vehicles upon proof satisfactory to the registrar of any of the
27.26 following:
27.27 (1) violations of any of the provisions of this chapter or
27.28 chapter 168A, 297B, 325E, or 325F;
27.29 (2) violation of or refusal to comply with the requests and
27.30 order of the registrar;
27.31 (3) failure to make or provide to the registrar all
27.32 listings, notices, and reports required by the registrar;
27.33 (4) failure to pay to the registrar all taxes, fees, and
27.34 arrears due from and by such dealer;
27.35 (5) failure to duly apply for renewal of license provided
27.36 for herein in this section;
28.1 (6) revocation of previous license, of which the records of
28.2 the registrar relating thereto shall be to the revocation are
28.3 prima facie evidence of such the previous revocation;
28.4 (7) failure of continued occupancy of an established place
28.5 of business;
28.6 (8) sale of a new and unused current model motor vehicle
28.7 other than the make of motor vehicle described in the franchise
28.8 or contract filed with the original application or renewal
28.9 thereof, without permission from the registrar;
28.10 (9) sale of a new and unused current model motor vehicle to
28.11 anyone except for consumer use, or to a dealer duly licensed to
28.12 sell the same make of motor vehicle;
28.13 (10) material misstatement or misrepresentation in
28.14 application for license or renewal thereof;
28.15 (11) having advertised, printed, displayed, published,
28.16 distributed, broadcast or televised or caused or permitted to be
28.17 advertised, printed, displayed, published, distributed,
28.18 broadcast or televised in any manner whatsoever, or having made
28.19 orally any statement or representation with regard to the sale,
28.20 lease or financing of motor vehicles which that is false,
28.21 deceptive or misleading;
28.22 (12) having been convicted of violating section 325F.69, or
28.23 having been enjoined due to a violation of section 325F.69;
28.24 (13) having been convicted of violating the Minnesota
28.25 Odometer Law, section 325E.14, 325E.15, or 325E.16, or the
28.26 federal odometer law, United States Code, title 15, sections
28.27 1981 to 1991, as amended through December 31, 1984;
28.28 (14) having been convicted of violating the sale of motor
28.29 vehicles on Sunday law, section 168.275;
28.30 (15) having been convicted under section 609.53 of
28.31 receiving or selling stolen vehicles; or
28.32 (16) having pleaded guilty, entered a plea of nolo
28.33 contendere or no contest, or having been found guilty in a court
28.34 of competent jurisdiction of any charge of failure to pay state
28.35 or federal income or sales taxes or felony charge of forgery,
28.36 embezzlement, obtaining money under false pretenses, theft by
29.1 swindle, extortion, conspiracy to defraud, or bribery.
29.2 (b) With respect to paragraph (a), clauses (12), (13),
29.3 (15), and (16), the registrar may suspend or revoke a license
29.4 immediately upon receiving certification of conviction or
29.5 permanent injunction. A hearing is required under subdivision
29.6 13 within 30 days following a summary suspension or revocation
29.7 under this paragraph, if a hearing is requested by the licensee.
29.8 Subd. 12a. [GROUNDS FOR CANCELLATION; NOTICE REQUIRED.]
29.9 (a) A license may be canceled by the registrar after notice to
29.10 the dealer, upon satisfactory proof that the dealer (1) has
29.11 failed to provide or maintain the required surety bond, (2) has
29.12 failed to provide or maintain the insurance required under
29.13 chapter 65B, or (3) is no longer operating at the dealer's
29.14 licensed location.
29.15 (b) Surety companies and insurers providing required
29.16 coverages shall promptly notify the registrar upon canceling any
29.17 surety bond or required insurance. The registrar shall notify
29.18 the dealer of the reason or reasons for cancellation before the
29.19 cancellation occurs.
29.20 Subd. 13. [SUSPENSION AND REVOCATION; HEARING.] (a) The
29.21 registrar of motor vehicles, upon the registrar's own motion or
29.22 upon the complaint of another, shall prepare and cause to be
29.23 served upon the licensee complained of, a written notice or
29.24 complaint setting forth, in substance, the violations charged, a
29.25 statement of the deficiencies which exist and any corrective
29.26 action deemed appropriate. Said The notice shall must include a
29.27 statement that in the event corrective action is deemed
29.28 appropriate and corrective action is not taken, the dealer's
29.29 license may be suspended or revoked. The notice shall must
29.30 require the licensee to appear at the time and place
29.31 fixed therein in the notice before the registrar, and show cause
29.32 why the license should not be suspended or revoked.
29.33 (b) The registrar shall, at the time and place fixed in the
29.34 notice, proceed to hear and determine the matter on its merits.
29.35 All hearings shall must be conducted in accordance with the
29.36 provisions of according to chapter 14, except that the
30.1 provisions of section 14.50, shall do not apply. The registrar
30.2 is authorized to may subpoena witnesses and administer oaths.
30.3 If the registrar shall find finds the existence of any of the
30.4 causes for suspension or revocation as set forth in subdivision
30.5 12 and determine determines that corrective action has not been
30.6 taken or that corrective action will not prevent repetition of
30.7 the violations charged or that the public interest will not be
30.8 served by corrective action and the licensee's license should be
30.9 suspended or revoked, the registrar shall issue a written order
30.10 setting out the decision, and. A copy of such the order shall
30.11 must be served upon such the licensee in the manner provided by
30.12 law for the service of summons in a civil action. On finding
30.13 that the dealer has violated any of the provisions of this
30.14 section but that the nature of said the violation or the
30.15 circumstances thereof are such that a suspension of the license
30.16 would be adequate, the registrar may, instead of revoking the
30.17 license suspend it for a period not exceeding 90 days. On
30.18 finding that the violation does not justify a suspension only,
30.19 the registrar shall revoke the license. Upon a suspension or
30.20 revocation, if it be of the license of a new or used motor
30.21 vehicle dealer, said the licensee shall immediately return to
30.22 the registrar all number plates, including any "in-transit"
30.23 plates and temporary permits, in its possession and its dealer's
30.24 license certificate.
30.25 Subd. 14. [APPEAL.] Any party or person aggrieved by such
30.26 an order of suspension, revocation or imposition of a penalty
30.27 may seek judicial review pursuant to the provisions of according
30.28 to chapter 14.
30.29 Subd. 15. [ENFORCEMENT.] The registrar is hereby
30.30 authorized to shall enforce this section and is directed to may
30.31 appoint under the registrar's hand not less than at least seven
30.32 persons amongst of the registrar's several employees, as
30.33 inspectors and investigators and who when so appointed, shall.
30.34 The inspectors and investigators have full authority to enforce
30.35 this section throughout the state. The registrar, the
30.36 registrar's inspectors or investigators, when traveling or
31.1 otherwise pursuing their duties outside the office of the
31.2 registrar, shall be paid for their actual expenses incurred out
31.3 of the same funds as other employees of the registrar of motor
31.4 vehicles. The inspectors shall assist licensees in compliance
31.5 with laws governing licensees and administered hereunder.
31.6 Subd. 16. [DEALER PLATES: DISTINGUISHING NUMBER, FEE,
31.7 TAX, USE.] (a) The registrar shall issue to every motor vehicle
31.8 dealer, upon a request from the motor vehicle dealer licensed as
31.9 provided in subdivision 2 or 3, one or more plates displaying a
31.10 general distinguishing number. This subdivision does not apply
31.11 to a scrap metal processor, a used vehicle parts dealer, or a
31.12 vehicle salvage pool. The fee for each of the first four plates
31.13 is $75 per calendar registration year, of which $60 must be paid
31.14 to the registrar and the remaining $15 is payable as sales tax
31.15 on motor vehicles under section 297B.035. For each additional
31.16 plate, the dealer shall pay the registrar a fee of $25 and a
31.17 sales tax on motor vehicles of $15 per calendar registration
31.18 year. The registrar shall deposit the tax in the state treasury
31.19 and it shall to be credited as provided in section 297B.09.
31.20 Motor vehicles, new or used, owned by the motor vehicle
31.21 dealership and bearing the number plate, except vehicles leased
31.22 to the user who is not an employee of the dealer during the term
31.23 of the lease, held for hire, or customarily used by the dealer
31.24 as a tow truck, service truck, or parts vehicle, may be driven
31.25 upon the streets and highways of this state:
31.26 (1) by the motor vehicle dealer or dealer's spouse, or any
31.27 full-time employee of the motor vehicle dealer for either
31.28 private or business purposes;
31.29 (2) by a part-time employee when the use is directly
31.30 related to a particular business transaction of the dealer;
31.31 (3) for demonstration purposes by any prospective buyer
31.32 thereof for a period of 48 hours or in the case of a truck,
31.33 truck-tractor, or semitrailer, for a period of seven days; or
31.34 (4) in a promotional event that lasts no longer than four
31.35 days in which at least three motor vehicles are involved.
31.36 (b) A new or used motor vehicle sold by the motor vehicle
32.1 dealer and bearing the motor vehicle dealer's number plate may
32.2 be driven upon the public streets and highways for a period of
32.3 72 hours by the buyer for either of the following purposes: (1)
32.4 removing the vehicle from this state for registration in another
32.5 state, or (2) permitting the buyer to use the motor vehicle
32.6 before the buyer receives number plates pursuant to
32.7 registration. Use of a motor vehicle by the buyer under the
32.8 provisions of clause (2) of the preceding sentence before the
32.9 buyer receives number plates pursuant to registration
32.10 constitutes a use of the public streets or highways for the
32.11 purpose of the time requirements for registration of motor
32.12 vehicles.
32.13 Subd. 17. [IN-TRANSIT PLATES; FEE.] Every licensed dealer
32.14 in motor vehicles may make application upon a blank provided by
32.15 the registrar for that purpose for dealer in-transit license
32.16 plates for use upon all new or used motor vehicles being
32.17 transported from the dealer's source of supply, or other place
32.18 of storage, to the dealer's place of business, or to another
32.19 place of storage, or from one dealer to another. The registrar
32.20 shall then issue to the dealer the number of plates as the
32.21 dealer may request, upon the payment by the dealer to the
32.22 registrar of the sum of $5 per plate per calendar registration
32.23 year. The registrar may issue in-transit plates, upon the
32.24 payment of the sum of $5 to the registrar, to dealers duly
32.25 licensed in other states or provinces upon information furnished
32.26 in the manner as the registrar may prescribe, and which
32.27 satisfies the registrar that persons or companies applying
32.28 therefor for the plates are duly licensed dealers under the laws
32.29 of the states or provinces.
32.30 Subd. 18. [TESTIMONIAL POWERS.] The registrar shall have,
32.31 and is hereby granted full authority to may issue subpoenas
32.32 requiring the attendance of witnesses before the registrar,
32.33 production of books, papers, and other documents, articles, or
32.34 instruments, and compel the disclosure by such witnesses of all
32.35 facts known to them relative to the matter under investigation,
32.36 and shall have full authority to may administer oaths and to
33.1 take testimony. All parties disobeying the orders of subpoenas
33.2 of the registrar shall be are guilty of contempt, as in
33.3 proceedings in district courts of the state and may be punished
33.4 in like manner.
33.5 Subd. 19. [VIOLATIONS.] Any person, copartnership, or
33.6 corporation, domestic or foreign, and any officer, or director,
33.7 or employee of a corporation, domestic or foreign, who shall
33.8 violate or neglect, fail or refuse to comply with any of the
33.9 provisions of this section shall be violates this section is
33.10 guilty of a misdemeanor.
33.11 Subd. 19a. [INJUNCTION.] The commissioner or a county
33.12 attorney may institute a civil action in the name of the state
33.13 in district court for an injunction prohibiting a violation of
33.14 this section and for civil penalties not to exceed $1,000 for
33.15 each violation of subdivision 2, 3, 4, 5a, 6, 7, or 7a. The
33.16 court, upon proper proof that the defendant has engaged in a
33.17 practice prohibited by this section, may enjoin the future
33.18 commission of that practice and award civil penalties for
33.19 violations of subdivision 2, 3, 4, 5a, 6, 7, or 7a. It is not a
33.20 defense to an action that the state may have adequate remedies
33.21 at law. Service of process must be as in any other civil suit,
33.22 except that where a defendant in the action is a natural person
33.23 or firm residing outside the state, or is a foreign corporation,
33.24 service of process may also be made by personal service outside
33.25 the state; in the manner provided by section 5.25; or as the
33.26 court may direct. Process is valid if it satisfies the
33.27 requirements of due process of law, whether or not the defendant
33.28 is doing business in Minnesota regularly or habitually. Nothing
33.29 in this subdivision limits the rights or remedies otherwise
33.30 available to persons under common law or other statutes of this
33.31 state.
33.32 Subd. 20. [APPLICATION TO SALE OF OTHER VEHICLES.] (a)
33.33 This section does not apply:
33.34 (1) to any person, copartnership, or corporation engaged in
33.35 the business of selling vehicles designed to operate exclusively
33.36 over snow, motor scooters, motorized wheelchairs, utility
34.1 trailers, farm wagons, farm trailers, or farm tractors or other
34.2 farm implements, whether self-propelled or not and even though a
34.3 vehicle listed in this clause may be equipped with a trailer
34.4 hitch; or
34.5 (2) to any person licensed as a real estate broker or
34.6 salesperson pursuant to chapter 82, who engages in the business
34.7 of selling, who offers to sell, or who solicits or advertises
34.8 the sale of manufactured homes affixed to land.
34.9 (b) However, this section does apply to a person,
34.10 copartnership, or corporation described in paragraph (a) who is
34.11 also engaged in the business of selling other motor vehicles or
34.12 manufactured homes within the provisions of this section.
34.13 (c) As used in this subdivision, "utility trailer" means a
34.14 motorless vehicle, other than a boat trailer or snowmobile
34.15 trailer, equipped with one or two wheels, having a gross vehicle
34.16 weight of 4,000 pounds or less, and used for carrying property
34.17 on its own structure while being drawn by a motor vehicle.
34.18 Subd. 22. [DEALER LICENSE FOR TRAILERS, MOTORIZED
34.19 BICYCLES; PLATES, FEES; EXEMPTIONS.] Any person, copartnership,
34.20 or corporation having a permanent enclosed commercial building
34.21 or structure either owned in fee or leased and engaged in the
34.22 business, either exclusively or in addition to any other
34.23 occupation, of selling motorized bicycles, boat trailers, horse
34.24 trailers, or snowmobile trailers, may apply to the registrar for
34.25 a dealer's license. Upon payment of a $10 fee the registrar
34.26 shall license the applicant as a dealer for the remainder of the
34.27 calendar year in which the application was received. Thereafter
34.28 The license may be renewed on or before the second day of
34.29 January of each succeeding year by payment of a fee of $10. The
34.30 registrar shall issue to each dealer, upon request of the
34.31 dealer, dealer plates as provided in subdivision 16 upon payment
34.32 of $5 for each plate, and the plates may be used in the same
34.33 manner and for the same purposes as is provided in subdivision
34.34 16. Except for motorized bicycle dealers, the registrar shall
34.35 also issue to the dealer, upon request of the dealer,
34.36 "in-transit" plates as provided in subdivision 17 upon payment
35.1 of a fee of $5 for each plate. This subdivision shall does not
35.2 be construed to abrogate any of the provisions of this
35.3 section as the same relates relating to the duties,
35.4 responsibilities, and requirements of persons, copartnerships,
35.5 or corporations engaged in the business, either exclusively or
35.6 in addition to other occupations, of selling motor vehicles or
35.7 manufactured homes, except that a seller of boat trailers,
35.8 utility trailers, or snowmobile trailers who is licensed under
35.9 this subdivision is not required to have a contract or franchise
35.10 with a manufacturer or distributor of new boat trailers, utility
35.11 trailers, or new snowmobile trailers the seller proposes to
35.12 sell, broker, wholesale, or auction. This section shall does
35.13 not be construed to require a manufacturer of snowmobile
35.14 trailers whose manufacturing facility is located outside of the
35.15 metropolitan area as defined in section 473.121 to have a
35.16 dealer's license to transport the snowmobile trailers to dealers
35.17 or retail outlets in the state.
35.18 Subd. 23. [REGISTRAR MAY FILE CHARGES.] The registrar or
35.19 the registrar's appointed inspectors may file charges with the
35.20 county attorney against any licensee who violates any of the
35.21 provisions of this section, including but not limited to, the
35.22 grounds for suspension or revocation set out in subdivision 12.
35.23 Any violation of this section is a misdemeanor.
35.24 Subd. 24. [BONDS.] All persons licensed hereunder
35.25 according to this section shall keep in full force and effect a
35.26 bond with a corporate surety to be approved by the registrar of
35.27 motor vehicles in the following amounts as herein provided; in
35.28 the case of boat trailer, snowmobile trailer, horse trailer or
35.29 motorized bicycle dealers in the amount of $5,000; and as to all
35.30 other persons in the amount of $50,000. The bond shall must be
35.31 conditioned on the faithful performance by the licensee of the
35.32 obligations imposed by the laws of this state, including the
35.33 conduct required of a licensee by this section and other
35.34 sections governing the sale or transfer of motor vehicles, and
35.35 the payment of all taxes, license fees, and penalties. The bond
35.36 shall must be for the benefit of the state of Minnesota and any
36.1 transferor, seller, or purchaser of a motor vehicle for any
36.2 monetary loss caused by failure of the licensee to meet the
36.3 obligations enumerated above. Proceedings on the forfeiture of
36.4 the bonds shall must be commenced in the district court of the
36.5 county wherein the business of the licensed person was carried
36.6 on, or if in more than one county, the county in which the
36.7 offense occurred. This subdivision does not apply to a used
36.8 vehicle parts dealer or a scrap metal processor.
36.9 Subd. 25. [PREEMPTION OF LOCAL ORDINANCES.] It is the
36.10 intent and purpose of this section to establish Subdivision 24
36.11 establishes a uniform statewide system of bonding motor vehicle
36.12 dealers and the provisions of. This section shall supersede and
36.13 preempt subdivision supersedes and preempts all bonding
36.14 requirements imposed by any local government unit.
36.15 Subd. 26. [ADVERTISING DISCLOSURE.] All advertising by a
36.16 motor vehicle dealer must disclose that the vehicle is being
36.17 offered for sale by a dealer through use of the dealership name,
36.18 the term "dealer," or the abbreviation "DLR." A classified
36.19 advertisement in a print medium must also include the dealer's
36.20 license number.
36.21 Subd. 27. [RULES.] The registrar may adopt rules under
36.22 chapter 14 to govern the issuance and regulation of dealer
36.23 licenses and dealer plates.
36.24 Sec. 10. Minnesota Statutes 2000, section 168.31,
36.25 subdivision 4, is amended to read:
36.26 Subd. 4. [INSTALLMENTS.] If the tax for a vehicle assessed
36.27 under section 168.013, subdivision 1c, 1d, 1e, or 1g, amounts to
36.28 more than $400, the owner may pay the tax by installments. The
36.29 owner shall tender with the application for registration
36.30 one-third of the annual tax due or $400, whichever is greater,
36.31 plus any penalties or arrears, plus a fee of $10. Instead of
36.32 this fee, the applicant may furnish a bond, bank letter of
36.33 credit, or certificate of deposit approved by the registrar of
36.34 motor vehicles, for the total of the tax still due. The amount
36.35 of the bond, letter of credit, or certificate of deposit may
36.36 include any penalties assessed. The bond, letter of credit, or
37.1 certificate of deposit must be for the benefit of the state for
37.2 monetary loss caused by failure of the vehicle owner to pay
37.3 delinquent license fees and penalties. The remainder of the tax
37.4 due must be paid in two equal installments; the due date of the
37.5 first installment is the first day of the fifth month of the
37.6 registration period for which the tax is assessed and the second
37.7 installment is due on the first day of the ninth month of the
37.8 registration period for which the tax is assessed. When the
37.9 applicant elects to pay the administrative fee, the registrar
37.10 shall issue to the applicant distinctive validation
37.11 stickers indicating the expiration date of a registration. When
37.12 the applicant elects to furnish a bond, bank letter, or letter
37.13 of deposit, the registrar shall issue regular validation
37.14 stickers for the registration year. If an owner of a vehicle
37.15 fails to pay an installment on or before its due date, the
37.16 vehicle must not be used on the public streets or highways in
37.17 this state until the installment or installments of the tax
37.18 remaining due on the vehicle have been paid in full for the
37.19 licensed year together with a penalty at the rate of $1 per day
37.20 for the remainder of the month in which the balance of the tax
37.21 becomes due and $4 a month for each succeeding month or fraction
37.22 of a month during which the balance of the tax remains unpaid.
37.23 Upon the payment of the balance of the tax and the penalties,
37.24 the registrar shall issue a registration certificate to the
37.25 owner of the vehicle in the manner provided by law. The
37.26 registrar shall deny installment payment privileges provided in
37.27 this subdivision in the subsequent year to any owner on any or
37.28 all vehicles of the owner who during the current year fails to
37.29 pay any installment due within one month after the due date.
37.30 Sec. 11. Minnesota Statutes 2000, section 168.33,
37.31 subdivision 6, is amended to read:
37.32 Subd. 6. [APPLICATION FORMS FURNISHED.] The registrar
37.33 shall furnish, from time to time, to those deputy registrars not
37.34 equipped with electronic transmission technology, forms for
37.35 listing and for applications for registration, as provided
37.36 herein, and shall, before January first in each year, furnish to
38.1 those deputy registrars, and to such others as the registrar
38.2 shall deem advisable, charts or lists setting forth the tax to
38.3 which each motor vehicle is subject provide, in a manner and
38.4 format prescribed by the registrar, necessary forms and
38.5 information to deputy registrars. The registrar and deputy
38.6 registrars shall immediately destroy all number plates
38.7 surrendered and shall cancel all certificates so surrendered.
38.8 Sec. 12. Minnesota Statutes 2000, section 168.33, is
38.9 amended by adding a subdivision to read:
38.10 Subd. 9. [RULES.] The commissioner of public safety may
38.11 adopt rules for administering and enforcing this section.
38.12 Sec. 13. Minnesota Statutes 2000, section 168A.01,
38.13 subdivision 2, is amended to read:
38.14 Subd. 2. [DEALER.] "Dealer" has the meaning given it in
38.15 section 168.27, subdivision 1.
38.16 Sec. 14. Minnesota Statutes 2000, section 168A.01, is
38.17 amended by adding a subdivision to read:
38.18 Subd. 2a. [DELIVER.] "Deliver" means to transmit
38.19 electronically or by other means approved by the registrar.
38.20 Sec. 15. Minnesota Statutes 2000, section 168A.01,
38.21 subdivision 24, is amended to read:
38.22 Subd. 24. [VEHICLE.] (a) "Vehicle" means every device in,
38.23 upon, or by which any person or property is or may be
38.24 transported or drawn upon a highway, excepting.
38.25 (b) The term does not include:
38.26 (1) devices moved by human power or used exclusively upon
38.27 stationary rails or tracks, but including; or
38.28 (2) vehicles not originally constructed primarily for use
38.29 on public roads and highways.
38.30 (c) The term does include motorized bicycles as defined in
38.31 section 168.011, subdivision 27.
38.32 Sec. 16. Minnesota Statutes 2000, section 168A.04,
38.33 subdivision 5, is amended to read:
38.34 Subd. 5. [SPECIALLY CONSTRUCTED OR RECONSTRUCTED VEHICLE.]
38.35 Except as provided in subdivision 6, if the application refers
38.36 to a specially constructed vehicle or a reconstructed vehicle,
39.1 the application shall so state and shall contain or be
39.2 accompanied by:
39.3 (1) any information and documents the department reasonably
39.4 requires to establish the ownership of the vehicle and the
39.5 existence or nonexistence and priority of security interests in
39.6 it;
39.7 (2) the certificate of a person authorized by the
39.8 department that the identifying number of the vehicle has been
39.9 inspected and found to conform to the description given in the
39.10 application, or any other proof of the identity of the vehicle
39.11 the department reasonably requires.; and
39.12 (3) at the time of application, a written certification to
39.13 the department that the vehicle to be titled meets the
39.14 requirements of chapter 169 for vehicles in its class regarding
39.15 safety and acceptability to operate on public roads and highways.
39.16 Sec. 17. Minnesota Statutes 2000, section 168A.05,
39.17 subdivision 5a, is amended to read:
39.18 Subd. 5a. [POLLUTION CONTROL EQUIPMENT DISCLOSURE.] The
39.19 certificate of title shall contain a form for disclosure by the
39.20 transferor of the condition of the vehicle's pollution control
39.21 equipment as required by section 325E.0951. The disclosure form
39.22 must be in a format as prescribed by the registrar.
39.23 Sec. 18. Minnesota Statutes 2000, section 168A.09,
39.24 subdivision 1, is amended to read:
39.25 Subdivision 1. [APPLICATION; FORM OF DUPLICATE.] In the
39.26 event a certificate of title is lost, stolen, mutilated, or
39.27 destroyed or becomes illegible, the owner or legal
39.28 representative of the owner named in the certificate may make
39.29 application to the department or deputy registrar for a
39.30 duplicate on in a form format prescribed by the department. The
39.31 department shall issue a duplicate certificate of title if
39.32 satisfied that the applicant is entitled thereto. The duplicate
39.33 certificate of title shall be plainly marked as a duplicate and
39.34 mailed or delivered to the owner. The department shall indicate
39.35 in its records that a duplicate has been issued. As a condition
39.36 to issuing a duplicate certificate of title, the department may
40.1 require a bond from the applicant in the manner and form format
40.2 prescribed in section 168A.07, subdivision 1, clause (2). The
40.3 duplicate certificate of title shall contain the legend: "This
40.4 duplicate certificate of title may be subject to the rights of a
40.5 person under the original certificate."
40.6 Sec. 19. Minnesota Statutes 2000, section 168A.11,
40.7 subdivision 2, is amended to read:
40.8 Subd. 2. [PURCHASE RECEIPT.] A dealer, on buying a vehicle
40.9 for which the seller does not present a certificate of title,
40.10 shall at the time of taking delivery of the vehicle execute in
40.11 triplicate a purchase receipt for the vehicle in a form format
40.12 designated by the department, and deliver one a copy to the
40.13 seller. When a vehicle purchased by a dealer has not been
40.14 resold after 21 days, the dealer shall mail, transmit, or
40.15 deliver one copy of the receipt to the department. In a format
40.16 and at a time prescribed by the registrar, the dealer shall
40.17 notify the registrar that the vehicle is being held for resale
40.18 by the dealer.
40.19 Sec. 20. Minnesota Statutes 2000, section 168A.12,
40.20 subdivision 1, is amended to read:
40.21 Subdivision 1. [LAST CERTIFICATE TO DEPARTMENT;
40.22 APPLICATION.] If the interest of an owner in a vehicle passes to
40.23 another other than by voluntary transfer, the transferee shall,
40.24 except as provided in subdivision 2, promptly mail or deliver to
40.25 the department the last certificate of title, if available,
40.26 proof of the transfer, and an application for a new certificate
40.27 in the form format the department prescribes.
40.28 Sec. 21. Minnesota Statutes 2000, section 168A.12,
40.29 subdivision 2, is amended to read:
40.30 Subd. 2. [OWNER'S INTEREST TERMINATED OR VEHICLE SOLD BY
40.31 SECURED PARTY.] If the interest of the owner is terminated or
40.32 the vehicle is sold under a security agreement by a secured
40.33 party named in the certificate of title, the transferee shall
40.34 promptly mail or deliver to the department the last certificate
40.35 of title, if available, an application for a new certificate in
40.36 the form format the department prescribes, and an affidavit made
41.1 by or on behalf of the secured party that the interest of the
41.2 owner was lawfully terminated or the vehicle sold pursuant to
41.3 the terms of the security agreement. If the secured party
41.4 succeeds to the interest of the owner and holds the vehicle for
41.5 resale, the secured party need not secure a new certificate of
41.6 title provided that a notice thereof in form a format designated
41.7 by the department is mailed or delivered by the secured party to
41.8 the department in duplicate within 48 hours, but upon transfer
41.9 to another person the secured party shall promptly execute
41.10 assignment and warranty of title and mail or deliver to the
41.11 transferee or the department the certificate, if available, the
41.12 affidavit, and other documents required to be sent to the
41.13 department by the transferee.
41.14 Sec. 22. Minnesota Statutes 2000, section 168A.15, is
41.15 amended by adding a subdivision to read:
41.16 Subd. 4. [MOTORCYCLE WITH NEW ENGINE.] (a) If the
41.17 commissioner does not require that a new or amended title be
41.18 issued and stamped as reconstructed or otherwise under this
41.19 chapter for an automobile being operated with an engine that is
41.20 not its original engine, then the commissioner shall not require
41.21 that title issued for a motorcycle being operated with an engine
41.22 that is not its original engine be stamped or otherwise labeled
41.23 as reconstructed or otherwise.
41.24 (b) This subdivision does not prevent the commissioner from
41.25 requiring that a new application be completed according to
41.26 section 168A.04 and be filed with the commissioner. Upon
41.27 receipt of the completed application and the old title, and
41.28 subject to section 168A.05, subdivision 1, the commissioner
41.29 shall issue another certificate of title, which must list the
41.30 engine number, for the motorcycle with the nonoriginal engine.
41.31 Sec. 23. Minnesota Statutes 2000, section 168A.154, is
41.32 amended to read:
41.33 168A.154 [SALVAGE VEHICLE TAKEN OUT OF STATE.]
41.34 A dealer who sells a salvage vehicle to a buyer who intends
41.35 to remove the vehicle from the state shall report the sale
41.36 within ten days to the department on in a form format prescribed
42.1 by the department.
42.2 Sec. 24. Minnesota Statutes 2000, section 168A.18, is
42.3 amended to read:
42.4 168A.18 [DUTIES OF PARTIES RELATING TO SECURITY INTEREST.]
42.5 If an owner creates a security interest in a vehicle:
42.6 (1) The owner shall immediately execute the application in
42.7 the space provided therefor on the certificate of title, or on
42.8 in a separate form format the department prescribes, to name the
42.9 secured party on the certificate, showing the name and address
42.10 of the secured party, and cause the certificate, application,
42.11 and the required fees and taxes to be delivered to the secured
42.12 party.
42.13 (2) The secured party shall immediately cause the
42.14 certificate, application, and the required fees and taxes to be
42.15 mailed or delivered to the department.
42.16 (3) A second or subordinate secured party does not affect
42.17 the rights of the first secured party under a security agreement.
42.18 (4) Upon receipt of the certificate of title, application,
42.19 and the required fees and taxes, the department shall issue a
42.20 new certificate containing the name and address of the new
42.21 secured party, and mail or deliver the certificate to the
42.22 owner. The secured party or parties shall be issued a
42.23 notification notified that the security interest has been
42.24 recorded.
42.25 Sec. 25. Minnesota Statutes 2000, section 168A.19,
42.26 subdivision 2, is amended to read:
42.27 Subd. 2. [ASSIGNEE NAMED AS SECURED PARTY.] The assignee
42.28 may, but need not to perfect the assignment, have the
42.29 certificate of title endorsed or issued with the assignee named
42.30 as secured party, upon delivering to the department the
42.31 certificate and an assignment by the secured party named in the
42.32 certificate in the form format the department prescribes
42.33 together with the required fee.
42.34 Sec. 26. Minnesota Statutes 2000, section 168A.20,
42.35 subdivision 2, is amended to read:
42.36 Subd. 2. [CERTIFICATE WITH PRIOR SECURED PARTY; RELEASE.]
43.1 Upon the satisfaction of a security interest in a vehicle for
43.2 which the certificate of title is in the possession of a prior
43.3 secured party, the secured party whose security interest is
43.4 satisfied shall within 15 days, or seven days if satisfied by a
43.5 dealer licensed under section 168.27, subdivision 2, 3, or 4,
43.6 execute a release in the form format the department prescribes
43.7 and deliver the release to the owner or any person who delivers
43.8 to the secured party an authorization from the owner to receive
43.9 it. The secured party in possession of the certificate of title
43.10 shall either deliver the certificate to the owner, or the person
43.11 authorized by the owner, for delivery to the department, or upon
43.12 receipt of the release, mail or deliver it with the certificate
43.13 to the department, which shall release the subordinate secured
43.14 party's rights on the certificate or issue a new certificate.
43.15 Sec. 27. Minnesota Statutes 2000, section 168A.20,
43.16 subdivision 3, is amended to read:
43.17 Subd. 3. [CERTIFICATE WITH OWNER.] Upon the satisfaction
43.18 of a security interest in a vehicle for which the certificate of
43.19 title is in the possession of the owner, the secured party shall
43.20 within 15 days, or seven days if satisfied by a dealer licensed
43.21 under section 168.27, subdivision 2, 3, or 4, execute a release
43.22 of security interest on in the form format prescribed by the
43.23 department and mail or deliver the notification with release to
43.24 the owner or any person who delivers to the secured party an
43.25 authorization from the owner to receive the release. The
43.26 secured party may notify the registrar of the satisfaction of
43.27 lien in a manner prescribed by the department.
43.28 Sec. 28. Minnesota Statutes 2000, section 168A.20,
43.29 subdivision 4, is amended to read:
43.30 Subd. 4. [SATISFACTION OF LIEN FOR CHILD SUPPORT;
43.31 RELEASE.] If the secured party is a public authority or a child
43.32 support or maintenance obligee with a lien under section
43.33 168A.05, subdivision 8, upon either the satisfaction of a
43.34 security interest in a vehicle for which the certificate of
43.35 title is in the possession of the owner, or the execution by the
43.36 owner of a written payment agreement determined to be acceptable
44.1 by the court, a child support magistrate, the public authority,
44.2 or the obligee, within 15 days, or seven days if satisfied by a
44.3 dealer licensed under section 168.27, subdivision 2, 3, or 4,
44.4 the secured party shall execute a release of security interest
44.5 on in the form format prescribed by the department and mail or
44.6 deliver the notification with release to the owner or any person
44.7 who delivers to the secured party an authorization from the
44.8 owner to receive the release.
44.9 Sec. 29. Minnesota Statutes 2000, section 168A.24,
44.10 subdivision 1, is amended to read:
44.11 Subdivision 1. [FORMS.] The department shall prescribe and
44.12 provide suitable forms of applications, certificates of title,
44.13 notices of security interests, and all other notices and forms
44.14 necessary to carry out the provisions of sections 168A.01 to
44.15 168A.31 and shall determine the format in which the forms will
44.16 appear.
44.17 Sec. 30. Minnesota Statutes 2000, section 168C.02,
44.18 subdivision 1, is amended to read:
44.19 Subdivision 1. [SCOPE.] For purposes of Laws 1976, this
44.20 chapter 199, the terms defined in this section shall have the
44.21 meanings given them.
44.22 Sec. 31. Minnesota Statutes 2000, section 168C.02,
44.23 subdivision 5, is amended to read:
44.24 Subd. 5. [LICENSE PLATE.] "License plate" means a tag,
44.25 plate, seal, sticker, or other device which that can be securely
44.26 attached to a bicycle and that is issued upon registration of
44.27 the bicycle.
44.28 Sec. 32. Minnesota Statutes 2000, section 168C.03, is
44.29 amended to read:
44.30 168C.03 [REGISTRATION APPLICATION.]
44.31 On or after March 1, 1977 any owner of a bicycle may apply
44.32 for registration of the bicycle to the commissioner, to any
44.33 deputy registrar of motor vehicles acting pursuant to section
44.34 168.33, or to any deputy registrar of bicycles appointed by the
44.35 commissioner pursuant to section 168C.11. Applications shall
44.36 contain the name and address of the owner, the signature of the
45.1 owner, the name and address of the person from whom purchased,
45.2 the date of purchase, the date of registration, the make, serial
45.3 number, and any additional information as the commissioner may
45.4 require. Applications shall be on a three-part form provided by
45.5 the commissioner. The original shall be retained by or
45.6 immediately forwarded to the commissioner, the second copy shall
45.7 be retained by the purchaser and the third copy shall be
45.8 retained for one year by the deputy registrar, if any, who
45.9 received the application must be in a format prescribed by the
45.10 commissioner and contain information required by the
45.11 commissioner to license a bicycle. The commissioner shall
45.12 designate a number to be stamped or otherwise permanently
45.13 affixed on the frames of bicycles on which no serial number can
45.14 be found, or on which the number is illegible or insufficient
45.15 for identification purposes.
45.16 Sec. 33. Minnesota Statutes 2000, section 168C.04,
45.17 subdivision 1, is amended to read:
45.18 Subdivision 1. [THREE-YEAR REGISTRATION FEE; PROCEDURES.]
45.19 The registration fee for bicycles shall be is $9 after July 1,
45.20 1991. These fees shall must be paid at the time of registration.
45.21 The fees, and any donations in excess of the fees, must be
45.22 deposited in a bicycle transportation account in the special
45.23 revenue fund. Proof of purchase ownership is required for
45.24 registration. Bicycles lacking proof of purchase ownership may
45.25 be registered if there is no evidence that the bicycle is
45.26 stolen. However, the registration record must be marked to
45.27 indicate that no proof of purchase was provided. The
45.28 registration is valid for three calendar years. A person
45.29 registering a bicycle may add an additional amount to the
45.30 registration fee, and all amounts so added must be deposited in
45.31 the same manner as registration fees. A person registering a
45.32 bicycle must, at the time of registration, be informed that a
45.33 registrant may add an additional amount to the fee and that all
45.34 such additional amounts will be used for the purposes specified
45.35 in subdivision 2.
45.36 Sec. 34. Minnesota Statutes 2000, section 168C.05, is
46.1 amended to read:
46.2 168C.05 [REPORT OF TRANSFER.]
46.3 Every person who sells or transfers ownership of any
46.4 bicycle registered pursuant to Laws 1976, this chapter 199 shall
46.5 report the sale or transfer to the commissioner, indicating the
46.6 name and address of the person to whom the bicycle was sold or
46.7 transferred. The report shall be made within 14 days of the
46.8 sale or transfer. The report of sale must include the
46.9 information required by the commissioner and be in the format
46.10 prescribed by the commissioner.
46.11 Sec. 35. Minnesota Statutes 2000, section 168C.06, is
46.12 amended to read:
46.13 168C.06 [NOTIFICATION OF CHANGE OF ADDRESS.]
46.14 Upon moving or change of address, the owner of a bicycle
46.15 registered pursuant to Laws 1976, this chapter 199 shall notify
46.16 the commissioner in writing the format and manner prescribed by
46.17 the commissioner of the new address within 14 days.
46.18 Sec. 36. Minnesota Statutes 2000, section 168C.07, is
46.19 amended to read:
46.20 168C.07 [LICENSE PLATES.]
46.21 The commissioner shall provide to the registrant a suitable
46.22 registration card having that has the registration number
46.23 stamped thereon on the card and indicating that indicates the
46.24 date of registration, the make and serial number of the bicycle,
46.25 the owner's name and address, and any additional information as
46.26 the commissioner may require. The commissioner shall retain
46.27 information concerning each registration shall be retained by
46.28 the commissioner. The commissioner shall issue a license plate,
46.29 which shall must be securely attached to the bicycle covered by
46.30 the registration. Upon a satisfactory showing that the license
46.31 plate or registration card has been lost or destroyed, the
46.32 commissioner shall issue a replacement license plate or
46.33 registration card upon payment of a fee of $1. All fees so
46.34 collected shall must be deposited to the general fund.
46.35 Sec. 37. Minnesota Statutes 2000, section 168C.08, is
46.36 amended to read:
47.1 168C.08 [ALTERING SERIAL NUMBER; PENALTY.]
47.2 No A person shall not willfully remove, destroy, mutilate
47.3 or otherwise alter the serial number or equivalent number of any
47.4 bicycle designated by the commissioner pursuant to section
47.5 168C.03. No A person shall not willfully remove, destroy,
47.6 mutilate, or otherwise alter any license plate during the time
47.7 in which the license plate is operative. Any person who
47.8 violates the provisions of this section is guilty of a
47.9 misdemeanor.
47.10 Sec. 38. Minnesota Statutes 2000, section 168C.09, is
47.11 amended to read:
47.12 168C.09 [THEFT; PENALTY.]
47.13 Subdivision 1. [REPORTS; ENTRY INTO CRIME INFORMATION
47.14 CENTER.] The local law enforcement agency shall report the theft
47.15 of all bicycles registered pursuant to Laws 1976, this chapter
47.16 199 to the department of public safety within five days.
47.17 Reports of the stolen bicycles shall must be entered in the
47.18 Minnesota crime information center of the department of public
47.19 safety. When the stolen bicycle has been recovered by a local
47.20 law enforcement agency, the agency shall report the recovery to
47.21 the department of public safety within five days of the recovery
47.22 in the format and manner prescribed by the commissioner.
47.23 Subd. 2. [RECORDS.] The commissioner shall maintain a
47.24 record of all bicycles registered pursuant to Laws 1976, this
47.25 chapter 199 in the state in an automated system. The records
47.26 shall must be available to all authorized law enforcement
47.27 agencies through the Minnesota crime information center.
47.28 Subd. 3. [VIOLATION AND PENALTY.] Any person who knowingly
47.29 sells or offers for sale a bicycle registered under Laws
47.30 1976, this chapter 199 which that is not owned by that person or
47.31 a family member is guilty of theft and subject to punishment
47.32 under section 609.52, subdivision 3.
47.33 Sec. 39. Minnesota Statutes 2000, section 168C.11, is
47.34 amended to read:
47.35 168C.11 [DEPUTY REGISTRARS OF BICYCLES.]
47.36 Subdivision 1. [APPOINTMENT.] Subject to the provisions of
48.1 subdivision 2, the commissioner shall appoint as deputy
48.2 registrars of bicycles any bicycle dealer, or agent or employee
48.3 thereof of the dealer, or agent or employee of a nonprofit
48.4 organization promoting bicycling or in whose activities
48.5 bicycling plays an integral part, or an agent or employee
48.6 designated by a municipality that sells bicycles at public
48.7 auction who applies for appointment in a manner prescribed by
48.8 the commissioner; provided that concurrently there may be no
48.9 more than one deputy for each separate place of business of a
48.10 bicycle dealer. Deputy registrars of bicycles shall act as
48.11 agents of the commissioner and may accept registrations as
48.12 provided in Laws 1976, this chapter 199, except that no deputy
48.13 registrar of bicycles shall be required to register bicycles
48.14 sold by other bicycle dealers. The commissioner, deputy
48.15 registrars of motor vehicles, and deputy registrars of bicycles
48.16 may charge and retain an additional $1 per registration granted
48.17 for their services. In the case of a deputy registrar of motor
48.18 vehicles, the $1 shall must be deposited in the treasury of the
48.19 place for which the deputy registrar is appointed, or if not a
48.20 public official the deputy registrar shall retain the filing
48.21 fee. Other registration fees collected by the commissioner,
48.22 deputy registrars of motor vehicles, and deputy registrars of
48.23 bicycles shall must be processed, accounted for, and transmitted
48.24 to the state treasurer as required by the commissioner.
48.25 Subd. 2. [DENIAL, SUSPENSION OR REVOCATION OF
48.26 APPOINTMENT.] The commissioner, without prior notice or hearing,
48.27 may issue an order denying, suspending, or revoking any
48.28 appointment made or applied for pursuant to this section upon
48.29 finding that the applicant or deputy registrar of bicycles has
48.30 violated or failed to comply with any provision of Laws 1976,
48.31 this chapter 199 or any rule adopted hereunder under the
48.32 authority of this chapter. Upon the entry of such an order, the
48.33 commissioner shall promptly serve a copy thereof of the order on
48.34 the applicant or deputy registrar of bicycles. The order shall
48.35 must state the reasons for its issuance and, in the case of a
48.36 suspension or revocation of appointment, shall must specify that
49.1 upon the written request of the deputy registrar of bicycles the
49.2 matter will be set for hearing within 15 days after the receipt
49.3 of the request,; provided, that with the consent of the deputy
49.4 registrar of bicycles a hearing may be held subsequent to the
49.5 expiration of the 15-day period specified herein. If no hearing
49.6 is requested, the order will remain remains in effect until it
49.7 is modified or vacated by the commissioner. If a hearing is
49.8 requested, the commissioner, after notice and hearing in
49.9 accordance with the provisions of chapter 14, shall affirm,
49.10 modify, or vacate the order.
49.11 Sec. 40. Minnesota Statutes 2000, section 168C.12, is
49.12 amended to read:
49.13 168C.12 [ADMINISTRATION; RULES.]
49.14 The commissioner shall adopt rules for the implementation
49.15 and administration of Laws 1976, this chapter 199 no later than
49.16 March 1, 1977. The commissioner shall begin to accept
49.17 registrations and implement Laws 1976, chapter 199 on March 1,
49.18 1977. Nothing herein shall be construed to prevent in this
49.19 chapter prevents the commissioner from contracting any service
49.20 provided under Laws 1976, this chapter 199 to any private person
49.21 or entity or other unit of government.
49.22 Sec. 41. Minnesota Statutes 2000, section 168C.13,
49.23 subdivision 1, is amended to read:
49.24 Subdivision 1. [BICYCLE REGISTRATION POWERS OF POLITICAL
49.25 SUBDIVISION.] After February 28, 1977, No political subdivision
49.26 may license or register bicycles except as a deputy registrar
49.27 pursuant to section 168C.11, subdivision 1. However, any
49.28 political subdivision which had such power prior to that had the
49.29 power of a deputy registrar before March 1, 1977, may thereafter
49.30 require that any or all bicycles used or ridden upon any
49.31 highway, street, alley, sidewalk, or other public way, or
49.32 property within the boundaries thereof shall of the public way,
49.33 must be registered. Applications for new registrations required
49.34 pursuant to this subdivision shall must be made to the
49.35 commissioner in the same manner and subject to the same rules,
49.36 fees, and penalties as those made voluntarily pursuant to
50.1 section 168C.03.
50.2 Sec. 42. Minnesota Statutes 2000, section 169.06, is
50.3 amended by adding a subdivision to read:
50.4 Subd. 9. [AFFIRMATIVE DEFENSE RELATING TO UNCHANGING
50.5 TRAFFIC CONTROL SIGNAL.] (a) A person operating a motorcycle who
50.6 violates subdivision 4 by entering or crossing an intersection
50.7 controlled by a traffic-control signal against a red light has
50.8 an affirmative defense to that charge if the person establishes
50.9 all of the following conditions:
50.10 (1) the motorcycle has been brought to a complete stop;
50.11 (2) the traffic-control signal continues to show a red
50.12 light for an unreasonable time;
50.13 (3) the traffic-control signal is apparently malfunctioning
50.14 or, if programmed or engineered to change to a green light only
50.15 after detecting the approach of a motor vehicle, the signal has
50.16 apparently failed to detect the arrival of the motorcycle; and
50.17 (4) no motor vehicle or person is approaching on the street
50.18 or highway to be crossed or entered or is so far away from the
50.19 intersection that it does not constitute an immediate hazard.
50.20 (b) The affirmative defense in this subdivision applies
50.21 only to a violation for entering or crossing an intersection
50.22 controlled by a traffic-control signal against a red light and
50.23 does not provide a defense to any other civil or criminal action.
50.24 Sec. 43. Minnesota Statutes 2000, section 169.26,
50.25 subdivision 1, is amended to read:
50.26 Subdivision 1. [REQUIREMENTS.] (a) Except as provided in
50.27 section 169.28, subdivision 1, when any person driving a vehicle
50.28 approaches a railroad grade crossing under any of the
50.29 circumstances stated in this paragraph, the driver shall stop
50.30 the vehicle not less than ten feet from the nearest railroad
50.31 track and shall not proceed until safe to do so. These
50.32 requirements apply when:
50.33 (1) a clearly visible electric or mechanical signal device
50.34 warns of the immediate approach of a railroad train; or
50.35 (2) an approaching railroad train is plainly visible and is
50.36 in hazardous proximity.
51.1 (b) The fact that a moving train approaching a railroad
51.2 grade crossing is visible from the crossing is prima facie
51.3 evidence that it is not safe to proceed.
51.4 (c) The driver of a vehicle shall stop and remain stopped
51.5 and not traverse the grade crossing when a human flagger signals
51.6 the approach or passage of a train or when a crossing gate is
51.7 lowered warning of the immediate approach or passage of a
51.8 railroad train. No person may drive a vehicle past a flagger at
51.9 a railroad crossing until the flagger signals that the way is
51.10 clear to proceed or drive a vehicle past a lowered crossing gate.
51.11 Sec. 44. Minnesota Statutes 2000, section 169.28,
51.12 subdivision 1, is amended to read:
51.13 Subdivision 1. [STOP REQUIRED.] (a) The driver of any
51.14 motor vehicle carrying passengers for hire, or of any school bus
51.15 whether carrying passengers or not, or of any Head Start bus
51.16 whether carrying passengers or not, or of any vehicle carrying
51.17 explosive substances or flammable liquids, or liquid gas under
51.18 pressure as a cargo or part of a cargo that is required to stop
51.19 at railroad grade crossings under Code of Federal Regulations,
51.20 title 49, section 392.10, before crossing at grade any track or
51.21 tracks of a railroad, shall stop the vehicle not less than ten
51.22 15 feet nor more than 50 feet from the nearest rail of the
51.23 railroad and while so stopped shall listen and look in both
51.24 directions along the track for any approaching train, and for
51.25 signals indicating the approach of a train, except as
51.26 hereinafter provided, and shall not proceed until safe to do
51.27 so. The driver must not shift gears while crossing the railroad
51.28 tracks.
51.29 (b) A school bus or Head Start bus shall not be flagged
51.30 across railroad grade crossings except at those railroad grade
51.31 crossings that the local school administrative officer may
51.32 designate.
51.33 Sec. 45. Minnesota Statutes 2001 Supplement, section
51.34 169.781, subdivision 2, is amended to read:
51.35 Subd. 2. [INSPECTION REQUIRED.] It is unlawful for a
51.36 person to operate or permit the operation of:
52.1 (1) a commercial motor vehicle registered in Minnesota; or
52.2 (2) special mobile equipment as defined in section 168.011,
52.3 subdivision 22, and which is self-propelled, if it is mounted on
52.4 a commercial motor vehicle chassis, including, but not limited
52.5 to, a mobile crane, a water well-drilling rig, and a
52.6 concrete-placement pumper,
52.7 unless the vehicle displays a valid safety inspection decal
52.8 issued by an inspector certified by the commissioner, or the
52.9 vehicle carries (1) proof that the vehicle complies with federal
52.10 motor vehicle inspection requirements for vehicles in interstate
52.11 commerce, and (2) a certificate of compliance with federal
52.12 requirements issued by the commissioner under subdivision 9.
52.13 Sec. 46. Minnesota Statutes 2001 Supplement, section
52.14 169.79, subdivision 3, is amended to read:
52.15 Subd. 3. [MOTORCYCLE REAR DISPLAY OF SINGLE PLATE.] If the
52.16 vehicle is a motorcycle, motor scooter, motorized bicycle,
52.17 motorcycle sidecar, trailer registered at greater than 3,000
52.18 pounds gross vehicle weight (GVW), semitrailer, or vehicle
52.19 displaying a dealer plate, then one license plate must be
52.20 displayed on the rear of the vehicle.
52.21 Sec. 47. Minnesota Statutes 2001 Supplement, section
52.22 169.79, is amended by adding a subdivision to read:
52.23 Subd. 3a. [SMALL TRAILER.] If the vehicle is a trailer
52.24 with 3,000 pounds or less GVW with lifetime registration, the
52.25 numbered plate or sticker must be adhered to the side of the
52.26 trailer frame tongue near the hitch.
52.27 Sec. 48. Minnesota Statutes 2001 Supplement, section
52.28 169.79, subdivision 8, is amended to read:
52.29 Subd. 8. [PLATE REGISTRATION STICKERS.] License plates
52.30 issued to vehicles registered under section 168.017 must display
52.31 the month of expiration in the lower left corner as viewed
52.32 facing the plate and the year of expiration in the lower right
52.33 corner as viewed facing the plate. License plates issued to
52.34 vehicles registered under section 168.127 must display either
52.35 fleet registration validation stickers in the lower right corner
52.36 as viewed facing the plates or distinctive license plates,
53.1 issued by the registrar, with "FLEET REG" embossed displayed on
53.2 the bottom center portion of the plate.
53.3 Sec. 49. Minnesota Statutes 2000, section 169.974,
53.4 subdivision 5, is amended to read:
53.5 Subd. 5. [DRIVING RULES.] (a) An operator of a motorcycle
53.6 shall ride only upon a permanent and regular seat which is
53.7 attached to the vehicle for that purpose. No other person shall
53.8 ride on a motorcycle; except that passengers may ride upon a
53.9 permanent and regular operator's seat if designed for two
53.10 persons, or upon additional seats attached to the vehicle to the
53.11 rear of the operator's seat, or in a sidecar attached to the
53.12 vehicle; provided, however, that the operator of a motorcycle
53.13 shall not carry passengers in a number in excess of the designed
53.14 capacity of the motorcycle or sidecar attached to it. No
53.15 passenger shall be carried in a position that will interfere
53.16 with the safe operation of the motorcycle or the view of the
53.17 operator.
53.18 (b) No person shall ride upon a motorcycle as a passenger
53.19 unless, when sitting astride the seat, the person can reach the
53.20 foot rests with both feet.
53.21 (c) No person, except passengers of sidecars or drivers and
53.22 passengers of three-wheeled motorcycles, shall operate or ride
53.23 upon a motorcycle except while sitting astride the seat, facing
53.24 forward, with one leg on either side of the motorcycle.
53.25 (d) No person shall operate a motorcycle while carrying
53.26 animals, packages, bundles, or other cargo which prevent the
53.27 person from keeping both hands on the handlebars.
53.28 (e) No person shall operate a motorcycle between lanes of
53.29 moving or stationary vehicles headed in the same direction, nor
53.30 shall any person drive a motorcycle abreast of or overtake or
53.31 pass another vehicle within the same traffic lane, except that
53.32 motorcycles may, with the consent of both drivers, be operated
53.33 not more than two abreast in a single traffic lane.
53.34 (f) Motor vehicles including motorcycles are entitled to
53.35 the full use of a traffic lane and no motor vehicle may be
53.36 driven or operated in a manner so as to deprive a motorcycle of
54.1 the full use of a traffic lane.
54.2 (g) A person operating a motorcycle upon a roadway must be
54.3 granted the rights and is subject to the duties applicable to a
54.4 motor vehicle as provided by law, except as to those provisions
54.5 which by their nature can have no application.
54.6 (h) Paragraph (e) of this subdivision does not apply to
54.7 police officers in the performance of their official duties.
54.8 (i) No person shall operate a motorcycle on a street or
54.9 highway unless the headlight or headlights are lighted at all
54.10 times the motorcycle is so operated.
54.11 (j) A person parking a motorcycle on the roadway of a
54.12 street or highway must:
54.13 (1) if parking in a marked parking space, park the
54.14 motorcycle completely within the marked space; and
54.15 (2) park the motorcycle in such a way that the front of the
54.16 motorcycle is pointed or angled toward the nearest lane of
54.17 traffic to the extent practicable and necessary to allow the
54.18 operator to (i) view any traffic in both directions of the
54.19 street or highway without having to move the motorcycle into a
54.20 lane of traffic and without losing balance or control of the
54.21 motorcycle, and (ii) ride the motorcycle forward and directly
54.22 into a lane of traffic when the lane is sufficiently clear of
54.23 traffic.
54.24 Sec. 50. Minnesota Statutes 2000, section 171.02,
54.25 subdivision 1, is amended to read:
54.26 Subdivision 1. [LICENSE REQUIRED.] No person, Except those
54.27 hereinafter when expressly exempted, a person shall not
54.28 drive any a motor vehicle upon any a street or highway in this
54.29 state unless such the person has a license valid under the
54.30 provisions of this chapter for the type or class of vehicle
54.31 being driven. No person The department shall receive not issue
54.32 a driver's license to a person unless and until the person's
54.33 license from any jurisdiction has been invalidated by the
54.34 department. The department shall provide to the issuing
54.35 department of any jurisdiction, information that the licensee is
54.36 now licensed in Minnesota. No A person shall be is not
55.1 permitted to have more than one valid driver's license at any
55.2 time. No The department shall not issue to a person to whom a
55.3 current Minnesota identification card has been issued may
55.4 receive a driver's license, other than an instruction permit or
55.5 a limited license, unless the person's Minnesota identification
55.6 card has been invalidated by the department.
55.7 Sec. 51. Minnesota Statutes 2000, section 171.02,
55.8 subdivision 5, is amended to read:
55.9 Subd. 5. [EXEMPTION FOR CERTAIN BACKUP SNOWPLOW DRIVERS.]
55.10 Pursuant to the waiver authorization set forth in Public Law
55.11 Number 104-59, section 345 (a)(5), a person who operates a
55.12 commercial motor vehicle for the purpose of removing snow or ice
55.13 from a roadway by plowing, salting, or sanding is not required
55.14 to hold a commercial driver's license if the person:
55.15 (1) is an employee of a local unit of government with a
55.16 population of 3,000 or less;
55.17 (2) is operating within the boundaries of the local unit of
55.18 government;
55.19 (3) holds a valid class D driver's license authorizing the
55.20 operation of class B vehicles; and
55.21 (4) except in the event of a lawful strike, is temporarily
55.22 replacing the employee who normally operates the vehicle but
55.23 either is unable to operate the vehicle or is in need of
55.24 additional assistance due to a snow emergency as determined by
55.25 the local unit of government.
55.26 Sec. 52. Minnesota Statutes 2000, section 171.04,
55.27 subdivision 1, is amended to read:
55.28 Subdivision 1. [PERSONS NOT ELIGIBLE.] The department
55.29 shall not issue a driver's license:
55.30 (1) to any person under 18 years unless:
55.31 (i) the applicant is 16 or 17 years of age and has a
55.32 previously issued valid license from another state or country or
55.33 the applicant has, for the 12 consecutive months preceding
55.34 application, held a provisional license and during that time has
55.35 incurred (A) no conviction for a violation of section 169A.20,
55.36 169A.33, 169A.35, or sections 169A.50 to 169A.53, (B) no
56.1 conviction for a crash-related moving violation, and (C) not
56.2 more than one conviction for a moving violation that is not
56.3 crash related. "Moving violation" means a violation of a
56.4 traffic regulation but does not include a parking violation,
56.5 vehicle equipment violation, or warning citation;
56.6 (ii) the application for a license is approved by (A)
56.7 either parent when both reside in the same household as the
56.8 minor applicant or, if otherwise, then (B) the parent or spouse
56.9 of the parent having custody or, in the event there is no court
56.10 order for custody, then (C) the parent or spouse of the parent
56.11 with whom the minor is living or, if subitems (A) to (C) do not
56.12 apply, then (D) the guardian having custody of the minor or, in
56.13 the event a person under the age of 18 has no living father,
56.14 mother, or guardian, or is married or otherwise legally
56.15 emancipated, then (E) the minor's adult spouse, adult close
56.16 family member, or adult employer; provided, that the approval
56.17 required by this item contains a verification of the age of the
56.18 applicant and the identity of the parent, guardian, adult
56.19 spouse, adult close family member, or adult employer; and
56.20 (iii) the applicant presents a certification by the person
56.21 who approves the application under item (ii), stating that the
56.22 applicant has driven a motor vehicle accompanied by and under
56.23 supervision of a licensed driver at least 21 years of age for at
56.24 least ten hours during the period of provisional licensure;
56.25 (2) to any person who is 18 years of age or younger, unless
56.26 the person has applied for, been issued, and possessed the
56.27 appropriate instruction permit for a minimum of six months, and,
56.28 with respect to a person under 18 years of age, a provisional
56.29 license for a minimum of 12 months;
56.30 (3) to any person who is 19 years of age or older, unless
56.31 that person has applied for, been issued, and possessed the
56.32 appropriate instruction permit for a minimum of three months;
56.33 (4) to any person whose license has been suspended during
56.34 the period of suspension except that a suspended license may be
56.35 reinstated during the period of suspension upon the licensee
56.36 furnishing proof of financial responsibility in the same manner
57.1 as provided in the Minnesota No-Fault Automobile Insurance Act;
57.2 (5) to any person whose license has been revoked except
57.3 upon furnishing proof of financial responsibility in the same
57.4 manner as provided in the Minnesota No-Fault Automobile
57.5 Insurance Act and if otherwise qualified;
57.6 (6) to any drug-dependent person, as defined in section
57.7 254A.02, subdivision 5;
57.8 (7) to any person who has been adjudged legally incompetent
57.9 by reason of mental illness, mental deficiency, or inebriation,
57.10 and has not been restored to capacity, unless the department is
57.11 satisfied that the person is competent to operate a motor
57.12 vehicle with safety to persons or property;
57.13 (8) to any person who is required by this chapter to take a
57.14 vision, knowledge, or road examination, unless the person has
57.15 successfully passed the examination. An applicant who fails
57.16 four road tests must complete a minimum of six hours of
57.17 behind-the-wheel instruction with an approved instructor before
57.18 taking the road test again;
57.19 (9) to any person who is required under the Minnesota
57.20 No-Fault Automobile Insurance Act to deposit proof of financial
57.21 responsibility and who has not deposited the proof;
57.22 (10) to any person when the commissioner has good cause to
57.23 believe that the operation of a motor vehicle on the highways by
57.24 the person would be inimical to public safety or welfare;
57.25 (11) to any person when, in the opinion of the
57.26 commissioner, the person is afflicted with or suffering from a
57.27 physical or mental disability or disease that will affect the
57.28 person in a manner as to prevent the person from exercising
57.29 reasonable and ordinary control over a motor vehicle while
57.30 operating it upon the highways;
57.31 (12) to a person who is unable to read and understand
57.32 official signs regulating, warning, and directing traffic;
57.33 (13) to a child for whom a court has ordered denial of
57.34 driving privileges under section 260C.201, subdivision 1, or
57.35 260B.235, subdivision 5, until the period of denial is
57.36 completed; or
58.1 (14) to any person whose license has been canceled, during
58.2 the period of cancellation.
58.3 Sec. 53. Minnesota Statutes 2000, section 171.05,
58.4 subdivision 2, is amended to read:
58.5 Subd. 2. [PERSON LESS THAN 18 YEARS OF AGE.] (a)
58.6 Notwithstanding any provision in subdivision 1 to the contrary,
58.7 the department may issue an instruction permit to an applicant
58.8 who is 15, 16, or 17 years of age and who:
58.9 (1) has completed a course of driver education in another
58.10 state, has a previously issued valid license from another state,
58.11 or is enrolled in either:
58.12 (i) a public, private, or commercial driver education
58.13 program that is approved by the commissioner of public safety
58.14 and that includes classroom and behind-the-wheel training; or
58.15 (ii) an approved behind-the-wheel driver education program
58.16 when the student is receiving full-time instruction in a home
58.17 school within the meaning of sections 120A.22 and 120A.24, the
58.18 student is working toward a home-school diploma, the student's
58.19 status as a home-school student has been certified by the
58.20 superintendent of the school district in which the student
58.21 resides, and the student is taking home-classroom driver
58.22 training with classroom materials approved by the commissioner
58.23 of public safety;
58.24 (2) has completed the classroom phase of instruction in the
58.25 driver education program;
58.26 (3) has passed a test of the applicant's eyesight;
58.27 (4) has passed a department-administered test of the
58.28 applicant's knowledge of traffic laws;
58.29 (5) has completed the required application, which must be
58.30 approved by (i) either parent when both reside in the same
58.31 household as the minor applicant or, if otherwise, then (ii) the
58.32 parent or spouse of the parent having custody or, in the event
58.33 there is no court order for custody, then (iii) the parent or
58.34 spouse of the parent with whom the minor is living or, if items
58.35 (i) to (iii) do not apply, then (iv) the guardian having custody
58.36 of the minor or, in the event a person under the age of 18 has
59.1 no living father, mother, or guardian, or is married or
59.2 otherwise legally emancipated, then (v) the applicant's adult
59.3 spouse, adult close family member, or adult employer; provided,
59.4 that the approval required by this clause contains a
59.5 verification of the age of the applicant and the identity of the
59.6 parent, guardian, adult spouse, adult close family member, or
59.7 adult employer; and
59.8 (6) has paid the fee required in section 171.06,
59.9 subdivision 2.
59.10 (b) The instruction permit is valid for one year from the
59.11 date of application and may be renewed upon payment of a fee
59.12 equal to the fee for issuance of an instruction permit under
59.13 section 171.06, subdivision 2.
59.14 Sec. 54. Minnesota Statutes 2000, section 171.055,
59.15 subdivision 1, is amended to read:
59.16 Subdivision 1. [REQUIREMENTS FOR PROVISIONAL LICENSE.] (a)
59.17 The department may issue a provisional license, which must be
59.18 distinctive in appearance from a driver's license, to an
59.19 applicant who:
59.20 (1) has reached the age of 16 years;
59.21 (2) during the six months immediately preceding the
59.22 application for the provisional license has possessed an
59.23 instruction permit and has incurred (i) no convictions for a
59.24 violation of section 169A.20, 169A.33, 169A.35, or sections
59.25 169A.50 to 169A.53, (ii) no convictions for a crash-related
59.26 moving violation, and (iii) no convictions for a moving
59.27 violation that is not crash related;
59.28 (3) has successfully completed a course of driver education
59.29 in accordance with department rules;
59.30 (4) completes the required application, which must be
59.31 approved by (i) either parent when both reside in the same
59.32 household as the minor applicant or, if otherwise, then (ii) the
59.33 parent or spouse of the parent having custody or, in the event
59.34 there is no court order for custody, then (iii) the parent or
59.35 spouse of the parent with whom the minor is living or, if items
59.36 (i) to (iii) do not apply, then (iv) the guardian having custody
60.1 of the minor or, in the event a person under the age of 18 has
60.2 no living father, mother, or guardian, or is married or
60.3 otherwise legally emancipated, then (v) the applicant's adult
60.4 spouse, adult close family member, or adult employer; provided,
60.5 that the approval required by this clause contains a
60.6 verification of the age of the applicant and the identity of the
60.7 parent, guardian, adult spouse, adult close family member, or
60.8 adult employer;
60.9 (5) presents certification by the person who approves the
60.10 application under clause (4) stating that the applicant has
60.11 driven a motor vehicle accompanied by and under the supervision
60.12 of a licensed driver at least 21 years of age, for no less than
60.13 30 hours, at least ten of which were nighttime hours; and
60.14 (6) pays the fee required in section 171.06, subdivision 2.
60.15 (b) For purposes of this section, "moving violation" has
60.16 the meaning given it in section 171.04, subdivision 1.
60.17 Sec. 55. Minnesota Statutes 2000, section 171.06,
60.18 subdivision 1, is amended to read:
60.19 Subdivision 1. [FORMS OF APPLICATION.] Every application
60.20 for a Minnesota identification card, for an instruction permit,
60.21 for a provisional license, or for a driver's license shall must
60.22 be made upon in a form furnished format approved by the
60.23 department, and every application shall must be accompanied by
60.24 the proper fee. All applications shall be signed in the
60.25 presence of the person authorized to accept the applications, or
60.26 the signature on the application may be verified by a notary
60.27 public. All first-time applications and change of status
60.28 applications must be signed in the presence of the person
60.29 authorized to accept the application, or the signature on the
60.30 application may be verified by a notary public. All
60.31 applications requiring evidence of legal presence in the United
60.32 States must be signed in the presence of the person authorized
60.33 to accept the application, or the signature on the application
60.34 may be verified by a notary public.
60.35 Sec. 56. Minnesota Statutes 2000, section 171.06,
60.36 subdivision 3, is amended to read:
61.1 Subd. 3. [CONTENTS OF APPLICATION; OTHER INFORMATION.] (a)
61.2 An application must:
61.3 (1) state the full name, date of birth, sex, and residence
61.4 address of the applicant,;
61.5 (2) as may be required by the commissioner, contain a
61.6 description of the applicant in such manner as the commissioner
61.7 may require, and must state whether or not the applicant has
61.8 theretofore been licensed as a driver; and, if so, when and by
61.9 what state or country and whether any such license has ever been
61.10 suspended or revoked, or whether an application has ever been
61.11 refused; and, if so, the date of and reason for such suspension,
61.12 revocation, or refusal, together with such and any other facts
61.13 pertaining to the applicant, the applicant's driving privileges,
61.14 and the applicant's ability to operate a motor vehicle with
61.15 safety as may be required by the commissioner. An application;
61.16 (3) for a class C, class B, or class A driver's license
61.17 also must, state the applicant's social security number. An
61.18 application or, for a class D driver's license must, have a
61.19 space for the applicant's social security number and state that
61.20 providing the number is optional, or otherwise convey that the
61.21 applicant is not required to enter the social security number.
61.22 The application form must;
61.23 (4) contain a space where the applicant may indicate a
61.24 desire to make an anatomical gift according to paragraph (b);
61.25 and
61.26 (5) contain a notification to the applicant of the
61.27 availability of a living will/health care directive designation
61.28 on the license under section 171.07, subdivision 7.
61.29 (b) If the applicant does not indicate a desire to make an
61.30 anatomical gift when the application is made, the applicant must
61.31 be offered a donor document in accordance with section 171.07,
61.32 subdivision 5. The application form must contain statements
61.33 sufficient to comply with the requirements of the Uniform
61.34 Anatomical Gift Act (1987), sections 525.921 to 525.9224, so
61.35 that execution of the application or donor document will make
61.36 the anatomical gift as provided in section 171.07, subdivision
62.1 5, for those indicating a desire to make an anatomical
62.2 gift. The application form must contain a notification to the
62.3 applicant of the availability of a living will/health care
62.4 directive designation on the license under section 171.07,
62.5 subdivision 7. The application must be in the form prepared by
62.6 the commissioner. The application must be accompanied by
62.7 information describing Minnesota laws regarding anatomical gifts
62.8 and the need for and benefits of anatomical gifts.
62.9 (b) (c) The application form must be accompanied also by
62.10 a pamphlet information containing relevant facts relating to:
62.11 (1) the effect of alcohol on driving ability;
62.12 (2) the effect of mixing alcohol with drugs;
62.13 (3) the laws of Minnesota relating to operation of a motor
62.14 vehicle while under the influence of alcohol or a controlled
62.15 substance; and
62.16 (4) the levels of alcohol-related fatalities and accidents
62.17 in Minnesota and of arrests for alcohol-related violations.
62.18 (c) The application form must also be accompanied by a
62.19 pamphlet describing Minnesota laws regarding anatomical gifts
62.20 and the need for and benefits of anatomical gifts.
62.21 Sec. 57. Minnesota Statutes 2001 Supplement, section
62.22 171.07, subdivision 1, is amended to read:
62.23 Subdivision 1. [LICENSE; CONTENTS.] (a) Upon the payment
62.24 of the required fee, the department shall issue to every
62.25 qualifying applicant a license designating the type or class of
62.26 vehicles the applicant is authorized to drive as applied for.
62.27 This license must bear a distinguishing number assigned to the
62.28 licensee, the full name, date of birth, residence address and
62.29 permanent mailing address if different, a description of the
62.30 licensee in such a manner as the commissioner deems necessary,
62.31 and a space upon which the licensee shall write the usual
62.32 signature and the date of birth of the licensee. No license is
62.33 valid until it has been signed by unless it bears the usual
62.34 signature of the licensee. Except in the case of an instruction
62.35 permit, Every license must bear a colored photograph or an
62.36 electronically produced image of the licensee.
63.1 (b) Every license issued to an applicant under the age of
63.2 21 must be of a distinguishing color and plainly marked
63.3 "Under-21."
63.4 (c) The department shall use such process or processes in
63.5 the issuance of licenses issuing a license that
63.6 prohibits prohibit, as near nearly as possible, the ability to
63.7 alter or reproduce the licenses a license, or prohibit the
63.8 ability to superimpose a photograph or electronically produced
63.9 image on the licenses a license, without ready detection.
63.10 (d) A license issued to an applicant age 65 or over must be
63.11 plainly marked "senior" if requested by the applicant.
63.12 Sec. 58. Minnesota Statutes 2000, section 171.07,
63.13 subdivision 3, is amended to read:
63.14 Subd. 3. [IDENTIFICATION CARD; FEE.] (a) Upon payment of
63.15 the required fee, the department shall issue to every qualifying
63.16 applicant therefor a Minnesota identification card. The
63.17 department may not issue a Minnesota identification card to a
63.18 person who has a driver's license, other than an instruction
63.19 permit or a limited license. The card must bear a
63.20 distinguishing number assigned to the applicant,; a colored
63.21 photograph or an electronically produced image, of the
63.22 applicant; the applicant's full name, date of birth, and
63.23 residence address,; a description of the applicant in the manner
63.24 as the commissioner deems necessary,; and a space upon which the
63.25 applicant shall write the usual signature and the date of birth
63.26 of the applicant with pen and ink.
63.27 (b) Each identification card issued to an applicant under
63.28 the age of 21 must be of a distinguishing color and plainly
63.29 marked "Under-21."
63.30 (b) (c) Each Minnesota identification card must be plainly
63.31 marked "Minnesota identification card - not a driver's license."
63.32 (c) (d) The fee for a Minnesota identification card is 50
63.33 cents when issued to: a person who is mentally retarded, as
63.34 defined in section 252A.02, subdivision 2; a physically disabled
63.35 person, as defined in section 169.345, subdivision 2; or, a
63.36 person with mental illness, as described in section 245.462,
64.1 subdivision 20, paragraph (c).
64.2 Sec. 59. Minnesota Statutes 2000, section 171.13,
64.3 subdivision 2, is amended to read:
64.4 Subd. 2. [EXAMINATION UPON RENEWAL.] The department shall
64.5 issue a driver's license shall be issued upon renewal when the
64.6 applicant has passed an examination consisting of a screening of
64.7 the applicant's eyesight. Screening of eyesight required by
64.8 this subdivision shall does not be construed as constitute the
64.9 practice of optometry as defined in section 148.56. The
64.10 commissioner may adopt rules to administer this subdivision.
64.11 Sec. 60. Minnesota Statutes 2000, section 171.165, is
64.12 amended to read:
64.13 171.165 [COMMERCIAL DRIVER'S LICENSE, DISQUALIFICATION.]
64.14 Subdivision 1. [FIRST VIOLATION.] Subject to section
64.15 171.166, the commissioner shall disqualify a person from
64.16 operating commercial motor vehicles for one year upon receiving
64.17 a record of the first conviction of the person for committing a
64.18 violation of any of the following in the commission of which
64.19 offenses while operating a commercial motor vehicle was used:
64.20 (1) section 169A.20 or 169A.31;
64.21 (2) section 169.09, subdivision 1 or 2;
64.22 (3) a felony, other than a felony described in subdivision
64.23 3, paragraph (a), clause (3) (2), item (ii); or
64.24 (4) driving with a revoked, suspended, canceled, denied, or
64.25 disqualified commercial driver's license;
64.26 (5) causing a fatality through the negligent or criminal
64.27 operation of a commercial motor vehicle; or
64.28 (6) an offense committed in another state that would be
64.29 grounds for disqualification under this subdivision or
64.30 subdivision 2 if committed in Minnesota.
64.31 Subd. 2. [IMPLIED CONSENT REVOCATION.] The commissioner
64.32 shall disqualify a person from operating commercial motor
64.33 vehicles for one year from the effective date of a revocation
64.34 under section 169A.52 or a statute or ordinance from another
64.35 state in conformity with it, if the person was driving,
64.36 operating, or in physical control of a commercial motor vehicle
65.1 at the time of the incident on which the revocation is based.
65.2 Subd. 3. [GRAVE OR MULTIPLE OFFENSES.] (a) Subject to
65.3 section 171.166, the commissioner shall disqualify a person from
65.4 operating commercial motor vehicles for:
65.5 (1) not less than three years, for a conviction or
65.6 revocation set forth in subdivision 1 or 2 committed during the
65.7 transportation of hazardous materials;
65.8 (2) not less than ten years life, if the person is
65.9 convicted for a conviction:
65.10 (i) of a second or subsequent time of an disqualifying
65.11 offense set forth in subdivision 1 or 2, a statute of another
65.12 state or ordinance in conformity with it, or any combination of
65.13 those offenses, arising from separate incidents; or
65.14 (3) life, if the person is convicted (ii) under chapter 152
65.15 of a felony involving the manufacture, sale, or distribution of
65.16 a controlled substance, or involving the possession of a
65.17 controlled substance with intent to manufacture, sell, or
65.18 distribute it, and the person is found to have used a commercial
65.19 motor vehicle in the commission of the felony.
65.20 (b) A person whose commercial motor vehicle driving
65.21 privileges have been disqualified under paragraph (a), clause
65.22 (2), item (i), may apply for reinstatement after ten years. A
65.23 person whose commercial motor vehicle driving privileges have
65.24 been disqualified under paragraph (a), clause (2), item (ii),
65.25 may not apply for reinstatement.
65.26 (c) A person whose commercial motor vehicle driving
65.27 privileges have been reinstated under paragraph (b) and who
65.28 subsequently commits a disqualifying offense set forth in
65.29 subdivision 1 or 2, or any combination of those offenses, may
65.30 not apply for reinstatement.
65.31 Subd. 4. [SERIOUS TRAFFIC VIOLATION.] On receiving a
65.32 record of conviction and subject to section 171.166, the
65.33 commissioner shall disqualify a person from operating commercial
65.34 motor vehicles for 60 days if the person is convicted of two
65.35 serious traffic violations, or 120 days if convicted of three
65.36 serious traffic violations. The violations must involve
66.1 separate incidents and must have been committed in a commercial
66.2 motor vehicle within a three-year period. For purposes of this
66.3 subdivision, a serious traffic offense violation includes the
66.4 following:
66.5 (1) following too closely under section 169.18, subdivision
66.6 8;
66.7 (2) erratic lane change under sections 169.18, subdivisions
66.8 3 and 7; and 169.19, subdivision 4;
66.9 (3) operating the commercial vehicle at a speed 15 miles
66.10 per hour or more above the posted speed limit;
66.11 (4) reckless or careless driving under section 169.13;
66.12 (5) fleeing a peace officer under section 609.487; and
66.13 (6) a violation of a moving traffic statute of Minnesota or
66.14 any state, or an ordinance in conformity with a Minnesota
66.15 statute, that arose in connection with a fatal accident;
66.16 (7) operating a commercial motor vehicle without the proper
66.17 class of commercial driver's license or endorsements for the
66.18 type of vehicle being operated; and
66.19 (8) operating a commercial motor vehicle without a
66.20 commercial driver's license in immediate possession, unless the
66.21 person provides proof to the court that, on the date of the
66.22 citation, the person held a valid commercial driver's license of
66.23 the proper class and with the proper endorsements.
66.24 Subd. 4a. [VIOLATION OF OUT-OF-SERVICE ORDER.] (a) The
66.25 commissioner shall disqualify a person from operating a
66.26 commercial motor vehicle for not less than:
66.27 (1) 90 days nor more than one year if the operator is
66.28 convicted of a first violation of an out-of-service order;
66.29 (2) one year nor more than five years if, during any
66.30 ten-year period, the operator is convicted of two violations of
66.31 out-of-service orders in separate incidents; and
66.32 (3) three years nor more than five years if, during any
66.33 ten-year period, the operator is convicted of three or more
66.34 violations of out-of-service orders in separate incidents.
66.35 (b) The commissioner shall notify the commissioner of
66.36 transportation of each disqualification under this subdivision.
67.1 Subd. 4b. [RAILROAD GRADE CROSSING VIOLATION.] (a) The
67.2 commissioner shall disqualify a person from operating a
67.3 commercial motor vehicle for not less than:
67.4 (1) 60 days if the person is convicted of a first railroad
67.5 grade crossing violation;
67.6 (2) 120 days if, during any three-year period, the person
67.7 is convicted of two railroad grade crossing violations arising
67.8 from separate incidents;
67.9 (3) one year if, during any three-year period, the person
67.10 is convicted of three or more railroad grade crossing violations
67.11 arising from separate incidents.
67.12 (b) For the purposes of the subdivision, "railroad grade
67.13 crossing violation" means a violation of section 169.26 or
67.14 169.28, Code of Federal Regulations, title 49, section 392.10,
67.15 or a statute or ordinance from another state in conformity with
67.16 those sections, while operating a commercial motor vehicle.
67.17 Subd. 5. [RULES.] The commissioner shall adopt rules to
67.18 administer this section. The rules must include procedures for
67.19 issuing class D licenses to persons who have been disqualified
67.20 from operating commercial motor vehicles but whose drivers'
67.21 licenses have not otherwise been revoked, suspended, canceled,
67.22 or denied.
67.23 Subd. 6. [EXEMPTIONS.] A disqualification shall not be
67.24 imposed under this section on a recreational equipment operator,
67.25 farmer, or firefighter operating a commercial motor vehicle
67.26 within the scope of section 171.02, subdivision 2, paragraph (b).
67.27 Subd. 7. [SCOPE.] This section applies to offenses
67.28 committed, and revocations imposed for incidents occurring, on
67.29 or after January 1, 1990.
67.30 Sec. 61. [INTENT.]
67.31 Nothing in section 9, subdivision 1a, paragraphs (a) and
67.32 (c) through (i), and related repeals elsewhere in that section,
67.33 is intended to increase or decrease the scope or extent of any
67.34 category of licensing authorized under Minnesota Statutes,
67.35 section 168.27.
67.36 Sec. 62. [EXEMPTION FROM MATCHING REQUIREMENT.]
68.1 All money received under Public Law Number 107-71, the
68.2 Aviation and Transportation Security Act, is exempt from the
68.3 matching requirements of Minnesota Statutes, section 360.305,
68.4 subdivision 4.
68.5 Sec. 63. [BUS SERVICE AUTHORIZED.]
68.6 Notwithstanding Laws 2001, First Special Session chapter 8,
68.7 article 1, section 2, subdivision 7, the commissioner may spend
68.8 up to $400,000 of trunk highway funds in fiscal year 2003 to pay
68.9 the operating costs of bus service to mitigate the traffic
68.10 impacts of the construction project involving marked interstate
68.11 highway 494, the Wakota bridge, and marked trunk highway 61.
68.12 Sec. 64. [REPEALER.]
68.13 Minnesota Statutes 2000, section 171.30, subdivision 3, is
68.14 repealed.
68.15 ARTICLE 2
68.16 MOTOR CARRIER FUEL TAX
68.17 Section 1. [LEGISLATIVE FINDINGS AND POLICY.]
68.18 (a) The legislature of the state of Minnesota finds that,
68.19 for the benefit of the state, other jurisdictions, and the motor
68.20 carrier industry, the state should enter into and endorse an
68.21 international agreement pertaining to the registration and fuel
68.22 taxation of motor carriers operating in interstate commerce.
68.23 The purpose of such agreements and compacts are to ensure proper
68.24 funding of the state's highway infrastructure through the
68.25 payment and distribution of revenue by and between member
68.26 jurisdictions and to simplify the registration and taxation
68.27 process for the motor carriers.
68.28 (b) With this understanding, the state adopts these core
68.29 principles to international registration and taxation agreements:
68.30 (1) the concept of a single-base jurisdiction for all motor
68.31 carriers;
68.32 (2) the concept that the definition of a taxpayer will be
68.33 uniform among member jurisdictions;
68.34 (3) the concept that each member jurisdiction retains its
68.35 taxing authority under its specific tax-enabling laws;
68.36 (4) the principle of apportioned registration and fuel
69.1 taxes;
69.2 (5) the principle of one registration plate;
69.3 (6) the principle of reciprocal granting of fees and
69.4 granting of reciprocity;
69.5 (7) the discharge of registrant responsibilities; and
69.6 (8) the operation under apportioned registration and fuel
69.7 taxes.
69.8 Sec. 2. [168D.01] [DEFINITIONS.]
69.9 Subdivision 1. [SCOPE.] As used in this chapter, the
69.10 following terms have the meanings given them in this section.
69.11 Subd. 2. [CANCELLATION.] "Cancellation" means the
69.12 voluntary termination of a license and its provisions.
69.13 Subd. 3. [COMMISSIONER.] "Commissioner" means the
69.14 commissioner of public safety of the state of Minnesota, acting
69.15 directly or through duly authorized agents.
69.16 Subd. 4. [JURISDICTION.] "Jurisdiction" means a state of
69.17 the United States, the District of Columbia, a province or
69.18 territory of Canada, and any other member jurisdiction of the
69.19 International Fuel Tax Agreement (IFTA) compact as approved by
69.20 Congress in the Intermodal Surface Transportation Efficiency Act
69.21 (ISTEA).
69.22 Subd. 5. [MOTOR CARRIER.] "Motor carrier" means an
69.23 individual, corporation, partnership, association, trust, or
69.24 other entity, however organized, operating one or more qualified
69.25 motor vehicles as a part of its interstate business operations.
69.26 Subd. 6. [MOTOR FUEL.] "Motor fuel" means an agent,
69.27 regardless of its composition or properties, used to propel a
69.28 qualified motor vehicle.
69.29 Subd. 7. [OPERATION.] "Operation" means operation of
69.30 qualified motor vehicles whether loaded or empty, whether for
69.31 compensation or not for compensation, and whether owned by or
69.32 leased to the motor carrier who operates them or causes them to
69.33 be operated in two or more jurisdictions.
69.34 Subd. 8. [QUALIFIED MOTOR VEHICLE.] (a) "Qualified motor
69.35 vehicle" means a motor vehicle that is used, designed, or
69.36 maintained to transport persons or property and that:
70.1 (1) has two axles and a gross vehicle weight or registered
70.2 gross vehicle weight exceeding 26,000 pounds;
70.3 (2) has three or more axles regardless of weight; or
70.4 (3) is used in combination, when the weight of the
70.5 combination exceeds 26,000 pounds gross vehicle or registered
70.6 gross vehicle weight.
70.7 (b) Qualified motor vehicle does not include a recreational
70.8 vehicle or any vehicle exempt from registration under section
70.9 168.012, subdivision 1, paragraph (a), clause (1).
70.10 Subd. 9. [REVOCATION.] "Revocation" means the withdrawal
70.11 of a license and privileges by the commissioner of public safety.
70.12 Subd. 10. [SUSPENSION.] "Suspension" means the temporary
70.13 removal of privileges granted to the licensee by the
70.14 commissioner of public safety.
70.15 Sec. 3. [168D.02] [FUEL TAX COMPACT.]
70.16 Subdivision 1. [AUTHORITY.] (a) The commissioner of public
70.17 safety may enter into an agreement or arrangement with the duly
70.18 authorized representative of another jurisdiction or make an
70.19 independent declaration granting to motor carriers of qualified
70.20 motor vehicles properly registered or licensed in another member
70.21 jurisdiction benefits, privileges, and exemptions from paying,
70.22 wholly or partially, fuel taxes, fees, or other charges imposed
70.23 for operating the vehicles under the laws of Minnesota. The
70.24 agreement, arrangement, or declaration may impose terms and
70.25 conditions consistent with federal and state laws and
70.26 regulations.
70.27 (b) The commissioner of public safety may ratify and
70.28 effectuate an international fuel tax agreement or other fuel tax
70.29 agreement in accordance with state and federal authorities. The
70.30 commissioner's authority includes collecting fuel taxes due,
70.31 issuing fuel licenses, issuing refunds, conducting audits,
70.32 assessing penalties and interest, issuing fuel trip permits,
70.33 issuing decals, and suspending or denying licensing.
70.34 (c) Based on these powers, the commissioner and the state
70.35 of Minnesota have entered into a formal agreement with other
70.36 states of the United States, the District of Columbia, provinces
71.1 and territories of Canada, and any other member jurisdiction of
71.2 the International Fuel Tax Agreement (IFTA) compact as approved
71.3 by Congress in the Intermodal Surface Transportation Efficiency
71.4 Act (ISTEA) to assess and collect fuel tax in a uniform and
71.5 consistent manner across jurisdictions.
71.6 Subd. 2. [RECIPROCITY.] (a) As a member of the IFTA
71.7 compact, the state of Minnesota recognizes and affirms the
71.8 provisions set forth in that agreement.
71.9 (b) Under the provisions of this agreement, the state of
71.10 Minnesota shall provide an open exchange of information between
71.11 member jurisdictions and the IFTA clearinghouse but reserves the
71.12 right to stipulate the level of security and privacy of the
71.13 information in transmission and storage to protect the privacy
71.14 rights of its citizens according to chapters 13 through 13D.
71.15 (c) An agreement or arrangement must be in writing and
71.16 provide that when a qualified motor vehicle properly licensed
71.17 for fuel in the state of Minnesota is operated on highways of
71.18 another member jurisdiction, it must receive exemptions,
71.19 benefits, and privileges of a similar kind or to a similar
71.20 degree as are extended to a qualified motor vehicle properly
71.21 licensed for fuel in that member jurisdiction while it is being
71.22 operated in the state of Minnesota.
71.23 (d) A declaration must be in writing and must contemplate
71.24 and provide for mutual benefits, reciprocal privileges, or
71.25 equitable treatment of the motor carrier of a qualified motor
71.26 vehicle registered for fuel in Minnesota and the other member
71.27 jurisdictions. In the judgment of the commissioner of public
71.28 safety, an agreement, arrangement, or declaration must be in the
71.29 best interest of Minnesota and its citizens and must be fair and
71.30 equitable regarding the benefits that the agreement brings to
71.31 the economy of Minnesota.
71.32 Sec. 4. [168D.03] [COMPLIANCE WITH MINNESOTA LAWS.]
71.33 Agreements, arrangements, and declarations made under
71.34 authority of this chapter must contain a provision specifying
71.35 that no fuel license, or exemption issued or accruing under the
71.36 license, excuses the motor carrier of a qualified motor vehicle
72.1 from compliance with Minnesota laws.
72.2 Sec. 5. [168D.04] [TAXING AUTHORITY.]
72.3 Subdivision 1. [AGREEMENT TERMS.] (a) Under the provisions
72.4 of an agreement entered into according to section 168D.02, each
72.5 member shall retain its sovereign authority to determine tax
72.6 rates and exemptions and to exercise other substantive tax
72.7 authority.
72.8 (b) In accordance with federal and state law, the agreement
72.9 must provide for:
72.10 (1) determining the base jurisdiction for users;
72.11 (2) users' records requirements;
72.12 (3) audit procedures;
72.13 (4) exchanging information;
72.14 (5) eligibility of persons for tax licensing;
72.15 (6) defining qualified motor vehicles;
72.16 (7) determining if bonding is required;
72.17 (8) specifying reporting requirements and periods,
72.18 including defining uniform penalty and interest rates for late
72.19 reporting;
72.20 (9) determining methods for collecting and forwarding motor
72.21 fuel taxes and penalties to another jurisdiction;
72.22 (10) display of identification indicating compliance with
72.23 the agreement; and
72.24 (11) other provisions to facilitate the administration of
72.25 the agreement.
72.26 (c) Each jurisdiction shall audit the records of persons
72.27 based in the jurisdiction to determine if the motor fuel taxes
72.28 due each jurisdiction are properly reported and paid.
72.29 Subd. 2. [FUEL ROAD TAX IMPOSED.] (a) Every motor carrier
72.30 shall pay a road tax calculated on the amount of motor fuel
72.31 consumed in the motor carrier's operations on highways within
72.32 Minnesota. The tax rate is imposed at the rate and conditions
72.33 specified in chapter 296A.
72.34 (b) The amount of motor fuel consumed in the operations of
72.35 a motor carrier on highways within Minnesota is determined by
72.36 dividing the miles traveled within Minnesota by the average
73.1 miles per gallon.
73.2 (c) The average miles per gallon for a motor carrier's
73.3 qualified motor vehicles is determined by dividing the total
73.4 miles traveled by the total motor fuel consumed.
73.5 Sec. 6. [168D.05] [MOTOR CARRIER FUEL LICENSE.]
73.6 (a) A motor carrier registered under section 168.187,
73.7 operating a qualified motor vehicle upon the highways of
73.8 Minnesota, and not qualifying for exemption under this chapter,
73.9 may not operate the vehicle unless and until issued a fuel
73.10 license under this chapter or until the motor carrier has
73.11 obtained a temporary fuel permit.
73.12 (b) A license may be issued to a person qualifying as a
73.13 motor carrier who applies and pays to the commissioner the
73.14 license fees required by this chapter.
73.15 (c) A license is valid for a calendar year unless
73.16 surrendered by the motor carrier or canceled, suspended, or
73.17 revoked by the commissioner. All licenses expire on December 31
73.18 of each calendar year and may be renewed by applying to the
73.19 commissioner and paying the licensing fee.
73.20 (d) The motor carrier is required to make legible copies of
73.21 the license and one copy must be carried in each qualified motor
73.22 vehicle while it is being operated in Minnesota and in all
73.23 member jurisdictions.
73.24 (e) Each licensee shall acknowledge and agree upon license
73.25 application to be bound by the obligations and duties of
73.26 licensed motor carriers under the laws, rules, and regulations
73.27 adopted by the member jurisdictions to administer the
73.28 International Fuel Tax Agreement. Failure to adhere to these
73.29 obligations and duties may result in cancellation, suspension,
73.30 or revocation of the license.
73.31 Sec. 7. [168D.06] [FUEL LICENSE FEES.]
73.32 License fees paid to the commissioner under the
73.33 International Fuel Tax Agreement must be deposited in the
73.34 highway user tax distribution fund. The commissioner shall
73.35 charge an annual fuel license fee of $15, and an annual
73.36 application filing fee of $13 for quarterly reporting of fuel
74.1 tax.
74.2 Sec. 8. [168D.07] [FUEL DECAL FEE.]
74.3 The commissioner shall issue a decal or other
74.4 identification to indicate compliance with the International
74.5 Fuel Tax Agreement. The commissioner shall establish a charge
74.6 to cover the cost of issuing the decal or other identification
74.7 according to section 16A.1285, subdivision 4a. Decal or other
74.8 identification charges paid to the commissioner under this
74.9 subdivision must be deposited in the highway user tax
74.10 distribution fund.
74.11 Sec. 9. [168D.08] [MOTOR CARRIER FUEL TAX RETURNS.]
74.12 Every motor carrier subject to the fuel tax shall, on or
74.13 before the last day of April, July, October, and January, file
74.14 with the commissioner, in the format and manner prescribed, tax
74.15 returns of operations during the previous three months.
74.16 Sec. 10. [168D.09] [CREDIT OR REFUND.]
74.17 Under this section, the commissioner shall allow a credit
74.18 or refund to a motor carrier for taxes paid to any member
74.19 jurisdiction that imposes a tax upon motor fuel purchased or
74.20 obtained in Minnesota and member jurisdictions and used on the
74.21 highways of Minnesota and other member jurisdictions. Every
74.22 motor carrier claiming a refund under this section shall file a
74.23 claim in the format and manner prescribed by the commissioner or
74.24 take the credit on a subsequent tax return.
74.25 Sec. 11. [168D.10] [MOTOR CARRIER RECORDS.]
74.26 Subdivision 1. [MAINTENANCE.] Every motor carrier shall
74.27 maintain records to substantiate information reported on the
74.28 required tax returns. The records must be kept in a format
74.29 prescribed by the commissioner.
74.30 Subd. 2. [PRESERVATION.] Records must be preserved for
74.31 four years from the tax return due date or filing date,
74.32 whichever is later. Preservation of the records must be in a
74.33 manner that ensures their security, integrity, and availability
74.34 for inspection by the commissioner or a representative of a
74.35 member jurisdiction.
74.36 Subd. 3. [DESTRUCTION.] Destruction of records may not be
75.1 completed until the statutory period is met or upon written
75.2 consent from the commissioner. A request for early destruction
75.3 of records must be made in writing to the commissioner
75.4 identifying the necessity and reasons for the request.
75.5 Sec. 12. [168D.11] [AUDITING AND REPORTING.]
75.6 Subdivision 1. [AUTHORITY AND OBLIGATION.] The
75.7 commissioner has the right and obligation to audit the records
75.8 of persons based in Minnesota to determine if the motor fuel
75.9 taxes due each jurisdiction are properly reported and paid, with
75.10 authority to assess proper tax liability with applicable penalty
75.11 and interest.
75.12 Subd. 2. [REPORTING TO OTHER JURISDICTIONS.] Minnesota,
75.13 along with all other member jurisdictions, shall forward the
75.14 findings of any fuel tax audits performed to each jurisdiction
75.15 in which the person has taxable use of motor fuels. The
75.16 commissioner may forward to officers of another member
75.17 jurisdiction any information in the commissioner's possession
75.18 relating to the manufacture, receipt, sale, use, transportation,
75.19 or shipment of motor fuels by any person. The commissioner may
75.20 disclose to officers of another member jurisdiction the location
75.21 of offices, motor vehicles, and other real and personal property
75.22 of users of motor fuels.
75.23 Subd. 3. [COOPERATIVE AUDIT.] (a) The commissioner of
75.24 public safety may make arrangements with, and may enter into
75.25 agreements with, the appropriate authorities of other Minnesota
75.26 state agencies and other member jurisdictions having statutes
75.27 similar to this act for the cooperative audit of motor carriers'
75.28 reports and returns.
75.29 (b) In performing a cooperative audit, in whole or in part,
75.30 the officers and employees of the other Minnesota state agencies
75.31 or member jurisdictions are considered authorized agents of
75.32 Minnesota for audit purposes, and their audits have the same
75.33 force and effect as audits conducted by Minnesota auditors.
75.34 Sec. 13. [168D.12] [MOTOR CARRIER TEMPORARY FUEL PERMIT.]
75.35 A motor carrier may obtain a trip permit that authorizes an
75.36 unlicensed motor carrier to operate a qualified motor vehicle in
76.1 Minnesota for five consecutive days beginning and ending on the
76.2 dates specified on the face of the permit. The fee for the
76.3 permit is $25. The permit must be issued in lieu of a license
76.4 if in the course of operations a motor carrier operates on
76.5 Minnesota highways.
76.6 Sec. 14. [168D.13] [ACTION TO AVOID OR EVADE FUEL TAX.]
76.7 Subdivision 1. [DETERMINATION AND ASSESSMENT.] If the
76.8 commissioner ascertains that a motor carrier acts to obstruct or
76.9 make ineffectual proceedings to assess or collect the road taxes
76.10 due, the commissioner may immediately make an assessment of tax
76.11 estimated to be due, whether or not any report is then due by
76.12 law.
76.13 Subd. 2. [ASSESSMENT NOTICE AND COLLECTION;
76.14 IMPOUNDMENT.] (a) The commissioner may then proceed under this
76.15 assessment to collect the tax, or compel security for the taxes
76.16 owing, and shall give notice of the commissioner's finding under
76.17 subdivision 1 to the motor carrier, together with a demand for
76.18 an immediate payment of the tax.
76.19 (b) The commissioner is also authorized to impound
76.20 qualified motor vehicles of motor carriers in violation of this
76.21 subdivision. The vehicle must be released either upon paying
76.22 all taxes, penalties, and interest that may be due or depositing
76.23 a bond or security to assure the payment of taxes, penalties,
76.24 and interest.
76.25 Sec. 15. [168D.14] [ENFORCEMENT POWERS.]
76.26 Subdivision 1. [COMMISSIONER OF PUBLIC SAFETY.] The
76.27 commissioner is authorized and directed to enforce this
76.28 chapter. In addition, the commissioner of public safety is
76.29 authorized and directed to use the Minnesota state patrol to
76.30 assist in the enforcement of this chapter.
76.31 Subd. 2. [COMMISSIONER OF TRANSPORTATION.] The
76.32 commissioner of transportation is authorized and directed to
76.33 enforce sections 168D.05 and 168D.12 as provided in section
76.34 221.221.
76.35 Subd. 3. [STATE PATROL.] The officers of the Minnesota
76.36 state patrol, in addition to all other powers granted to them by
77.1 Minnesota Statutes, have the power of making arrests, service of
77.2 process, and appearing in court in all matters and things
77.3 relating to this chapter and its administration and enforcement.
77.4 Sec. 16. [168D.15] [DELINQUENT FILING OR PAYMENT.]
77.5 If a motor carrier licensed under this section is
77.6 delinquent in either filing or paying the International Fuel Tax
77.7 Agreement (IFTA) report or billing for more than 30 days, or
77.8 paying the international registration plan billing under section
77.9 168.187 for more than 30 days, the motor carrier, after ten
77.10 days' written notice, is subject to suspension of the
77.11 apportioned license plates and the IFTA license.
77.12 Sec. 17. [168D.16] [TRANSFERRING FUNDS TO PAY DELINQUENT
77.13 FEE.]
77.14 If a motor carrier licensed under this chapter is
77.15 delinquent in either filing or paying the International Fuel Tax
77.16 Agreement (IFTA) report or billing for more than 30 days, or
77.17 paying the international registration plan billing under section
77.18 168.187 for more than 30 days, the commissioner shall authorize
77.19 any credit in either the IFTA account or the international
77.20 registration plan account to be used to offset the liability in
77.21 either the IFTA account or the international registration plan
77.22 account.
77.23 Sec. 18. [168D.17] [EXEMPTIONS.]
77.24 This chapter does not apply to recreational equipment as
77.25 defined in section 168.011.
77.26 Sec. 19. [168D.18] [RULES.]
77.27 The commissioner may adopt rules relating to the
77.28 administration and enforcement of this chapter.
77.29 Sec. 20. Minnesota Statutes 2000, section 168.187,
77.30 subdivision 26, is amended to read:
77.31 Subd. 26. [DELINQUENT FILING OR PAYMENT.] If a fleet owner
77.32 or owner-operator licensed under this section and section
77.33 296A.28 chapter 168D is delinquent in either filing or paying
77.34 the international fuel tax agreement reports for more than 30
77.35 days, or paying the international registration plan billing for
77.36 more than 30 days, the fleet owner or owner-operator, after ten
78.1 days' written notice, is subject to suspension of the
78.2 apportioned license plates and the international fuel tax
78.3 agreement license.
78.4 Sec. 21. Minnesota Statutes 2001 Supplement, section
78.5 221.221, subdivision 2, is amended to read:
78.6 Subd. 2. [ENFORCEMENT POWERS.] Transportation program
78.7 specialists and hazardous material program specialists of the
78.8 department, for the purpose of enforcing the provisions of this
78.9 chapter, sections 169.781 to 169.783 relating to commercial
78.10 vehicle inspections, and section 296A.27, subdivisions 6 and 12,
78.11 sections 168D.05 and 168D.12 relating to motor carrier licenses
78.12 and trip permits, and the applicable rules, orders, or
78.13 directives of the commissioner of transportation and the
78.14 commissioner of revenue, issued under this chapter and
78.15 chapter 168D or 296A, but for no other purpose, have the powers
78.16 conferred by law upon police officers. The powers include the
78.17 authority to conduct inspections at designated highway weigh
78.18 stations or under other appropriate circumstances.
78.19 Sec. 22. Minnesota Statutes 2000, section 296A.23,
78.20 subdivision 7, is amended to read:
78.21 Subd. 7. [FAILURE TO OBTAIN PROPER PERMIT.] A minimum fine
78.22 of $200 shall be imposed on a person who fails to obtain a
78.23 license or trip permit required under section 296A.27,
78.24 subdivisions 6 and 12 168D.05 or 168D.12.
78.25 Sec. 23. [REPEALER.]
78.26 Minnesota Statutes 2000, sections 296A.27 and 296A.28, are
78.27 repealed.
78.28 ARTICLE 3
78.29 COMMERCIAL VEHICLE ENFORCEMENT
78.30 Section 1. Minnesota Statutes 2000, section 168.011,
78.31 subdivision 17, is amended to read:
78.32 Subd. 17. [FARM TRUCK.] (a) "Farm truck" means all single
78.33 unit trucks, truck-tractors, tractors, semitrailers, and
78.34 trailers used by the owner thereof to transport agricultural,
78.35 horticultural, dairy, and other farm products, including
78.36 livestock, produced or finished by the owner of the truck, and
79.1 any other personal property owned by the farmer to whom the
79.2 license for the truck is issued, from the farm to market, and to
79.3 transport property and supplies to the farm of the owner.
79.4 Trucks, truck-tractors, tractors, semitrailers, and trailers
79.5 registered as "farm trucks" may be used by the owner thereof to
79.6 occasionally transport unprocessed and raw farm products, not
79.7 produced by the owner of the truck, from the place of production
79.8 to market when the transportation constitutes the first haul of
79.9 the products, and may be used by the owner thereof, either
79.10 farmer or logger who harvests and hauls forest products only, to
79.11 transport logs, pulpwood, lumber, chips, railroad ties and other
79.12 raw and unfinished forest products from the place of production
79.13 to an intermediate or final assembly point or transfer yard or
79.14 railhead when the transportation constitutes, which
79.15 transportation may be continued by another farm truck to a place
79.16 for final processing or manufacture located within 200 miles of
79.17 the place of production and all of which is deemed to constitute
79.18 the first haul thereof, of unfinished wood products; provided
79.19 that the owner and operator of the vehicle transporting planed
79.20 lumber shall have in immediate possession a statement signed by
79.21 the producer of the lumber designating the governmental
79.22 subdivision, section, and township where the lumber was produced
79.23 and that this haul, indicating the date, is the first haul
79.24 thereof. The licensed vehicles may also be used by the owner
79.25 thereof to transport, to and from timber-harvesting areas,
79.26 equipment and appurtenances incidental to timber harvesting, and
79.27 gravel and other road-building materials for timber haul roads.
79.28 (b) "Farm trucks" shall also include only single unit
79.29 trucks, which that, because of their construction, cannot be
79.30 used for any other purpose and are used exclusively to transport
79.31 milk and cream en route from a farm to an assembly point or
79.32 place for final manufacture, and for transporting milk and cream
79.33 from an assembly point to a place for final processing or
79.34 manufacture. This section shall not be construed to mean that
79.35 the owner or operator of the truck cannot carry on usual
79.36 accommodation services for patrons on regular return trips, such
80.1 as butter, cream, cheese, and other dairy supplies.
80.2 Sec. 2. Minnesota Statutes 2000, section 168.013,
80.3 subdivision 3, is amended to read:
80.4 Subd. 3. [APPLICATION; CANCELLATION; EXCESSIVE GROSS
80.5 WEIGHT FORBIDDEN.] (a) The applicant for all licenses based on
80.6 gross weight shall state the unloaded weight of the motor
80.7 vehicle, trailer, or semitrailer and the maximum load the
80.8 applicant proposes to carry thereon, the sum of which shall
80.9 constitute the gross weight upon which the license tax shall be
80.10 paid, but in no case shall the declared gross weight upon which
80.11 the tax is paid be less than 1-1/4 times the declared unloaded
80.12 weight of the motor vehicle, trailer, or semitrailer to be
80.13 registered, except recreational vehicles taxed under subdivision
80.14 1g, school buses taxed under subdivision 18, and tow trucks or
80.15 towing vehicles defined in section 169.01, subdivision 52. The
80.16 gross weight of a tow truck or towing vehicle is the actual
80.17 weight of the tow truck or towing vehicle fully equipped, but
80.18 does not include the weight of a wrecked or disabled vehicle
80.19 towed or drawn by the tow truck or towing vehicle.
80.20 (b) The gross weight of no a motor vehicle, trailer, or
80.21 semitrailer shall not exceed the gross weight upon which the
80.22 license tax has been paid by more than four percent or 1,000
80.23 pounds, whichever is greater; provided that, a vehicle
80.24 transporting unfinished forest products in accordance with
80.25 paragraph (d)(3) shall not exceed its gross vehicle weight upon
80.26 which the license tax has been paid, or gross axle weight on any
80.27 axle, by more than five percent and, notwithstanding other law
80.28 to the contrary, is not subject to any fee, fine, or other
80.29 assessment or penalty for exceeding a gross vehicle or axle
80.30 weight by up to five percent.
80.31 (c) The gross weight of the motor vehicle, trailer, or
80.32 semitrailer for which the license tax is paid shall be indicated
80.33 by a distinctive character on the license plate or plates except
80.34 as provided in subdivision 12 and the plate or plates shall be
80.35 kept clean and clearly visible at all times.
80.36 (d) The owner, driver, or user of a motor vehicle, trailer,
81.1 or semitrailer, upon conviction for transporting a gross weight
81.2 in excess of the gross weight for which it was registered or for
81.3 operating a vehicle with an axle weight exceeding the maximum
81.4 lawful axle load weight, shall be guilty of a misdemeanor and be
81.5 subject to increased registration or reregistration according to
81.6 the following schedule:
81.7 (1) The owner, driver, or user of a motor vehicle, trailer,
81.8 or semitrailer, upon conviction for transporting a gross weight
81.9 in excess of the gross weight for which it is registered by more
81.10 than four percent or 1,000 pounds, whichever is greater, the
81.11 allowance set forth in paragraph (b) but less than 25 percent or
81.12 for operating or using a motor vehicle, trailer, or semitrailer
81.13 with an axle weight exceeding the maximum lawful axle load as
81.14 provided in section 169.825 by more than four percent or 1,000
81.15 pounds, whichever is greater, the allowance set forth in
81.16 paragraph (b) but less than 25 percent, in addition to any
81.17 penalty imposed for the misdemeanor shall apply to the registrar
81.18 to increase the authorized gross weight to be carried on the
81.19 vehicle to a weight equal to or greater than the gross weight
81.20 the owner, driver, or user was convicted of carrying, the
81.21 increase computed for the balance of the calendar year on the
81.22 basis of 1/12 of the annual tax for each month remaining in the
81.23 calendar year beginning with the first day of the month in which
81.24 the violation occurred. If the additional registration tax
81.25 computed upon that weight, plus the tax already paid, amounts to
81.26 more than the regular tax for the maximum gross weight permitted
81.27 for the vehicle under section 169.825, that additional amount
81.28 shall nevertheless be paid into the highway fund, but the
81.29 additional tax thus paid shall not permit the vehicle to be
81.30 operated with a gross weight in excess of the maximum legal
81.31 weight as provided by section 169.825. Unless the owner within
81.32 30 days after a conviction shall apply to increase the
81.33 authorized weight and pay the additional tax as provided in this
81.34 section, the registrar shall revoke the registration on the
81.35 vehicle and demand the return of the registration card and
81.36 plates issued on that registration.
82.1 (2) The owner or driver or user of a motor vehicle,
82.2 trailer, or semitrailer upon conviction for transporting a gross
82.3 weight in excess of the gross weight for which the motor
82.4 vehicle, trailer, or semitrailer was registered by 25 percent or
82.5 more, or for operating or using a vehicle or trailer with an
82.6 axle weight exceeding the maximum lawful axle load as provided
82.7 in section 169.825 by 25 percent or more, in addition to any
82.8 penalty imposed for the misdemeanor, shall have the reciprocity
82.9 privileges on the vehicle involved if the vehicle is being
82.10 operated under reciprocity canceled by the registrar, or if the
82.11 vehicle is not being operated under reciprocity, the certificate
82.12 of registration on the vehicle operated shall be canceled by the
82.13 registrar and the registrar shall demand the return of the
82.14 registration certificate and registration plates. The registrar
82.15 may not cancel the registration or reciprocity privileges for
82.16 any vehicle found in violation of seasonal load restrictions
82.17 imposed under section 169.87 unless the axle weight exceeds the
82.18 year-round weight limit for the highway on which the violation
82.19 occurred. The registrar may investigate any allegation of gross
82.20 weight violations and demand that the operator show cause why
82.21 all future operating privileges in the state should not be
82.22 revoked unless the additional tax assessed is paid.
82.23 (3) Clause (1) does not apply to the first haul of
82.24 unprocessed or raw farm products or unfinished forest products,
82.25 when the registered gross weight is not exceeded by more than
82.26 ten percent. For purposes of this clause, "first haul" means
82.27 (i) the first, continuous transportation of unprocessed or raw
82.28 farm products from the place of production or on-farm storage
82.29 site to any other location within 50 miles of the place of
82.30 production or on-farm storage site, or (ii) the first,
82.31 continuous or noncontinuous transportation of unfinished forest
82.32 products from the place of production to the place of first
82.33 unloading final processing or manufacture located within 200
82.34 miles of the place of production.
82.35 (4) When the registration on a motor vehicle, trailer, or
82.36 semitrailer is revoked by the registrar according to provisions
83.1 of this section, the vehicle shall not be operated on the
83.2 highways of the state until it is registered or reregistered, as
83.3 the case may be, and new plates issued, and the registration fee
83.4 shall be the annual tax for the total gross weight of the
83.5 vehicle at the time of violation. The reregistration pursuant
83.6 to this subdivision of any vehicle operating under reciprocity
83.7 agreements pursuant to section 168.181 or 168.187 shall be at
83.8 the full annual registration fee without regard to the
83.9 percentage of vehicle miles traveled in this state.
83.10 Sec. 3. Minnesota Statutes 2000, section 169.771,
83.11 subdivision 2, is amended to read:
83.12 Subd. 2. [INSPECTION BY STATE TROOPER.] (a) The
83.13 commissioner of public safety is directed to accelerate spot
83.14 check inspections for unsafe motor vehicles and motor vehicle
83.15 equipment. Such inspections shall be conducted by the personnel
83.16 of the state patrol who shall give the operator of a commercial
83.17 motor vehicle a signed and dated document as evidence of the
83.18 inspection.
83.19 (b) However, personnel of the state patrol may not conduct
83.20 another spot inspection of a commercial motor vehicle if (1) the
83.21 operator of the vehicle can show evidence of an inspection,
83.22 which is free of critical defects, conducted in Minnesota
83.23 according to this section or section 169.781 within the previous
83.24 90 days and (2) a state trooper does not have probable cause to
83.25 believe the vehicle or its equipment is unsafe or that the
83.26 operator has engaged in illegal activity. In addition, if the
83.27 operator shows the state trooper evidence that the commercial
83.28 motor vehicle has been inspected within the previous 90 days,
83.29 but the officer has probable cause to believe the vehicle or its
83.30 equipment is unsafe or to suspect illegal activity, then the
83.31 vehicle may be inspected to confirm the existence or absence of
83.32 an unsafe condition or of the suspected illegal activity.
83.33 Sec. 4. Minnesota Statutes 2000, section 169.771,
83.34 subdivision 3, is amended to read:
83.35 Subd. 3. [RULES.] The commissioner of public safety may
83.36 establish such reasonable rules as are necessary to carry out
84.1 the provisions of this section, but all spot check inspections
84.2 shall be held in compliance with subdivision 2 and in such a
84.3 manner that the motor vehicle operators, either private or
84.4 commercial, shall not be unnecessarily inconvenienced either by
84.5 extended detours, unnecessary delays, or any other unreasonable
84.6 cause.
84.7 Sec. 5. Minnesota Statutes 2000, section 169.85,
84.8 subdivision 1, is amended to read:
84.9 Subdivision 1. [DRIVER TO STOP FOR WEIGHING.] (a) The
84.10 driver of a vehicle which that has been lawfully stopped may be
84.11 required by an officer to submit the vehicle and load to a
84.12 weighing by means of portable or stationary scales, and.
84.13 (b) In addition, the officer may require that the vehicle
84.14 be driven to the nearest available scales, but only if:
84.15 (1) the distance to the scales is no further than five
84.16 miles, or if the distance from the point where the vehicle is
84.17 stopped to the vehicle's destination is not increased by more
84.18 than ten miles as a result of proceeding to the nearest
84.19 available scales; and
84.20 (2) if the vehicle is a commercial motor vehicle, no more
84.21 than two other commercial motor vehicles are waiting to be
84.22 inspected at the scale.
84.23 (c) Official traffic control devices as authorized by
84.24 section 169.06 may be used to direct the driver to the nearest
84.25 scale.
84.26 (d) When a truck weight enforcement operation is conducted
84.27 by means of portable or stationary scales and signs giving
84.28 notice of the operation are posted within the highway
84.29 right-of-way and adjacent to the roadway within two miles of the
84.30 operation, the driver of a truck or combination of vehicles
84.31 registered for or weighing in excess of 12,000 pounds shall
84.32 proceed to the scale site and submit the vehicle to weighing and
84.33 inspection.
84.34 Sec. 6. Minnesota Statutes 2000, section 169.85,
84.35 subdivision 2, is amended to read:
84.36 Subd. 2. [UNLOADING.] (a) Upon weighing a vehicle and
85.1 load, as provided in this section, an officer may require the
85.2 driver to stop the vehicle in a suitable place and remain
85.3 standing until a portion of the load is removed that is
85.4 sufficient to reduce the gross weight of the vehicle to the
85.5 limit permitted under either section 168.013, subdivision 3,
85.6 paragraph (b), or 169.825, whichever is the lesser violation, if
85.7 any. A suitable place is a location where loading or tampering
85.8 with the load is not prohibited by federal, state, or local law,
85.9 rule, or ordinance.
85.10 (b) Except as provided in paragraph (c), a driver may be
85.11 required to unload a vehicle only if the weighing officer
85.12 determines that (a) (1) on routes subject to the provisions of
85.13 section 169.825, the weight on an axle exceeds the lawful gross
85.14 weight prescribed by section 169.825, by 2,000 pounds or more,
85.15 or the weight on a group of two or more consecutive axles in
85.16 cases where the distance between the centers of the first and
85.17 last axles of the group under consideration is ten feet or less
85.18 exceeds the lawful gross weight prescribed by section 169.825,
85.19 by 4,000 pounds or more; or (b) (2) on routes designated by the
85.20 commissioner in section 169.832, subdivision 11, the overall
85.21 weight of the vehicle or the weight on an axle or group of
85.22 consecutive axles exceeds the maximum lawful gross weights
85.23 prescribed by section 169.825; or (c) (3) the weight is unlawful
85.24 on an axle or group of consecutive axles on a road restricted in
85.25 accordance with section 169.87. Material unloaded must be cared
85.26 for by the owner or driver of the vehicle at the risk of the
85.27 owner or driver.
85.28 (c) If the gross weight of the vehicle does not exceed the
85.29 vehicle's registered gross weight plus the weight allowance set
85.30 forth in section 168.013, subdivision 3, paragraph (b), then the
85.31 driver is not required to unload under paragraph (b).
85.32 Sec. 7. Minnesota Statutes 2000, section 169.851,
85.33 subdivision 3, is amended to read:
85.34 Subd. 3. [FIRST HAUL.] "First haul" means the first,
85.35 continuous transportation from the place of production or on
85.36 farm storage site to any other location within 50 miles of the
86.1 place of production or on farm storage site has the meaning
86.2 given it in section 168.013, subdivision 3, paragraph (d)(3).
86.3 Sec. 8. Minnesota Statutes 2000, section 169.86,
86.4 subdivision 5, is amended to read:
86.5 Subd. 5. [FEE; PROCEEDS TO TRUNK HIGHWAY FUND.] The
86.6 commissioner, with respect to highways under the commissioner's
86.7 jurisdiction, may charge a fee for each permit issued. All such
86.8 fees for permits issued by the commissioner of transportation
86.9 shall be deposited in the state treasury and credited to the
86.10 trunk highway fund. Except for those annual permits for which
86.11 the permit fees are specified elsewhere in this chapter, the
86.12 fees shall be:
86.13 (a) $15 for each single trip permit.
86.14 (b) $36 for each job permit. A job permit may be issued
86.15 for like loads carried on a specific route for a period not to
86.16 exceed two months. "Like loads" means loads of the same
86.17 product, weight, and dimension.
86.18 (c) $60 for an annual permit to be issued for a period not
86.19 to exceed 12 consecutive months. Annual permits may be issued
86.20 for:
86.21 (1) motor vehicles used to alleviate a temporary crisis
86.22 adversely affecting the safety or well-being of the public;
86.23 (2) motor vehicles which travel on interstate highways and
86.24 carry loads authorized under subdivision 1a;
86.25 (3) motor vehicles operating with gross weights authorized
86.26 under section 169.825, subdivision 11, paragraph (a), clause
86.27 (3);
86.28 (4) special pulpwood vehicles described in section 169.863;
86.29 and
86.30 (5) motor vehicles bearing snowplow blades not exceeding
86.31 ten feet in width.
86.32 (d) $120 for an oversize annual permit to be issued for a
86.33 period not to exceed 12 consecutive months. Annual permits may
86.34 be issued for:
86.35 (1) mobile cranes;
86.36 (2) construction equipment, machinery, and supplies;
87.1 (3) manufactured homes;
87.2 (4) implements of husbandry when the movement is not made
87.3 according to the provisions of paragraph (i);
87.4 (5) double-deck buses;
87.5 (6) commercial boat hauling.
87.6 (e) For vehicles which have axle weights exceeding the
87.7 weight limitations of section 169.825, an additional cost added
87.8 to the fees listed above. However, this paragraph applies to
87.9 any vehicle described in section 168.013, subdivision 3,
87.10 paragraph (b), but only when the vehicle exceeds its gross
87.11 weight allowance set forth in that paragraph, and then the
87.12 additional cost is for all weight, including the allowance
87.13 weight, in excess of the permitted maximum axle weight. The
87.14 additional cost is equal to the product of the distance traveled
87.15 times the sum of the overweight axle group cost factors shown in
87.16 the following chart:
87.17 Overweight Axle Group Cost Factors
87.18 Weight (pounds) Cost Per Mile For Each Group Of:
87.19 exceeding Two consec- Three consec- Four consec-
87.20 weight utive axles utive axles utive axles
87.21 limitations spaced within spaced within spaced within
87.22 on axles 8 feet or less 9 feet or less 14 feet or less
87.23 0-2,000 .12 .05 .04
87.24 2,001-4,000 .14 .06 .05
87.25 4,001-6,000 .18 .07 .06
87.26 6,001-8,000 .21 .09 .07
87.27 8,001-10,000 .26 .10 .08
87.28 10,001-12,000 .30 .12 .09
87.29 12,001-14,000 Not permitted .14 .11
87.30 14,001-16,000 Not permitted .17 .12
87.31 16,001-18,000 Not permitted .19 .15
87.32 18,001-20,000 Not permitted Not permitted .16
87.33 20,001-22,000 Not permitted Not permitted .20
87.34 The amounts added are rounded to the nearest cent for each axle
87.35 or axle group. The additional cost does not apply to paragraph
87.36 (c), clauses (1) and (3).
88.1 For a vehicle found to exceed the appropriate maximum permitted
88.2 weight, a cost-per-mile fee of 22 cents per ton, or fraction of
88.3 a ton, over the permitted maximum weight is imposed in addition
88.4 to the normal permit fee. Miles must be calculated based on the
88.5 distance already traveled in the state plus the distance from
88.6 the point of detection to a transportation loading site or
88.7 unloading site within the state or to the point of exit from the
88.8 state.
88.9 (f) As an alternative to paragraph (e), an annual permit
88.10 may be issued for overweight, or oversize and overweight,
88.11 construction equipment, machinery, and supplies. The fees for
88.12 the permit are as follows:
88.13 Gross Weight (pounds) of Vehicle Annual Permit Fee
88.14 90,000 or less $200
88.15 90,001 - 100,000 $300
88.16 100,001 - 110,000 $400
88.17 110,001 - 120,000 $500
88.18 120,001 - 130,000 $600
88.19 130,001 - 140,000 $700
88.20 140,001 - 145,000 $800
88.21 If the gross weight of the vehicle is more than 145,000 pounds
88.22 the permit fee is determined under paragraph (e).
88.23 (g) For vehicles which exceed the width limitations set
88.24 forth in section 169.80 by more than 72 inches, an additional
88.25 cost equal to $120 added to the amount in paragraph (a) when the
88.26 permit is issued while seasonal load restrictions pursuant to
88.27 section 169.87 are in effect.
88.28 (h) $85 for an annual permit to be issued for a period not
88.29 to exceed 12 months, for refuse compactor vehicles that carry a
88.30 gross weight of not more than: 22,000 pounds on a single rear
88.31 axle; 38,000 pounds on a tandem rear axle; or, subject to
88.32 section 169.825, subdivision 14, 46,000 pounds on a tridem rear
88.33 axle. A permit issued for up to 46,000 pounds on a tridem rear
88.34 axle must limit the gross vehicle weight to not more than 62,000
88.35 pounds.
88.36 (i) For vehicles exclusively transporting implements of
89.1 husbandry, an annual permit fee of $24. A vehicle operated
89.2 under a permit authorized by this paragraph may be moved at the
89.3 discretion of the permit holder without prior route approval by
89.4 the commissioner if:
89.5 (1) the total width of the transporting vehicle, including
89.6 load, does not exceed 14 feet;
89.7 (2) the vehicle is operated only between sunrise and 30
89.8 minutes after sunset, and is not operated at any time after
89.9 12:00 noon on Sundays or holidays;
89.10 (3) the vehicle is not operated when visibility is impaired
89.11 by weather, fog, or other conditions that render persons and
89.12 other vehicles not clearly visible at 500 feet;
89.13 (4) the vehicle displays at the front and rear of the load
89.14 or vehicle a pair of flashing amber lights, as provided in
89.15 section 169.59, subdivision 4, whenever the overall width of the
89.16 vehicle exceeds 126 inches; and
89.17 (5) the vehicle is not operated on a trunk highway with a
89.18 surfaced roadway width of less than 24 feet unless such
89.19 operation is authorized by the permit.
89.20 A permit under this paragraph authorizes movements of the
89.21 permitted vehicle on an interstate highway, and movements of 75
89.22 miles or more on other highways.
89.23 Sec. 9. [NORTHERN ZONE LOAD RESTRICTION STUDY.]
89.24 The commissioner of transportation shall conduct a study of
89.25 load restrictions and seasonal load increases in the northern
89.26 zone of Minnesota and make recommendations regarding the
89.27 establishment of one or more new zones given the varying climate
89.28 in the northern area of the state. The commissioner shall
89.29 report findings back to the committees of the senate and house
89.30 of representatives with jurisdiction over transportation policy
89.31 by December 15, 2002.
89.32 Sec. 10. [EFFECTIVE DATE.]
89.33 Sections 1 to 9 are effective the day following final
89.34 enactment."
89.35 Delete the title and insert:
89.36 "A bill for an act
90.1 relating to public safety; modifying vehicle
90.2 registration and titling provisions; regulating motor
90.3 vehicle dealer transactions; allowing electronic
90.4 transactions with department of public safety;
90.5 modifying provisions governing road inspections, first
90.6 hauls, and weight allowances for commercial motor
90.7 vehicles and requiring a study; modifying bicycle
90.8 registration provisions; modifying traffic regulations
90.9 relating to traffic-control signals, railroad grade
90.10 crossings, special mobile equipment, vehicle license
90.11 plates, and motorcycles; modifying provisions relating
90.12 to drivers' licenses and state identification cards;
90.13 exempting certain federal funds from statutory
90.14 matching requirements; authorizing expenditure of
90.15 money on bus service to mitigate traffic impact of
90.16 certain highway construction; modifying, clarifying,
90.17 and reorganizing motor carrier fuel tax provisions;
90.18 authorizing rules; making technical and clarifying
90.19 changes; amending Minnesota Statutes 2000, sections
90.20 168.011, subdivisions 4, 17, 34; 168.013, subdivision
90.21 3; 168.09, subdivisions 1, 3; 168.10, subdivision 1c;
90.22 168.187, subdivision 26; 168.27, as amended; 168.31,
90.23 subdivision 4; 168.33, subdivision 6, by adding a
90.24 subdivision; 168A.01, subdivisions 2, 24, by adding a
90.25 subdivision; 168A.04, subdivision 5; 168A.05,
90.26 subdivision 5a; 168A.09, subdivision 1; 168A.11,
90.27 subdivision 2; 168A.12, subdivisions 1, 2; 168A.15, by
90.28 adding a subdivision; 168A.154; 168A.18; 168A.19,
90.29 subdivision 2; 168A.20, subdivisions 2, 3, 4; 168A.24,
90.30 subdivision 1; 168C.02, subdivisions 1, 5; 168C.03;
90.31 168C.04, subdivision 1; 168C.05; 168C.06; 168C.07;
90.32 168C.08; 168C.09; 168C.11; 168C.12; 168C.13,
90.33 subdivision 1; 169.06, by adding a subdivision;
90.34 169.26, subdivision 1; 169.28, subdivision 1; 169.771,
90.35 subdivisions 2, 3; 169.85, subdivisions 1, 2; 169.851,
90.36 subdivision 3; 169.86, subdivision 5; 169.974,
90.37 subdivision 5; 171.02, subdivisions 1, 5; 171.04,
90.38 subdivision 1; 171.05, subdivision 2; 171.055,
90.39 subdivision 1; 171.06, subdivisions 1, 3; 171.07,
90.40 subdivision 3; 171.13, subdivision 2; 171.165;
90.41 296A.23, subdivision 7; Minnesota Statutes 2001
90.42 Supplement, sections 168.012, subdivision 1; 169.781,
90.43 subdivision 2; 169.79, subdivisions 3, 8, by adding a
90.44 subdivision; 171.07, subdivision 1; 221.221,
90.45 subdivision 2; proposing coding for new law in
90.46 Minnesota Statutes, chapter 168; proposing coding for
90.47 new law as Minnesota Statutes, chapter 168D; repealing
90.48 Minnesota Statutes 2000, sections 171.30, subdivision
90.49 3; 296A.27; 296A.28."
91.1 We request adoption of this report and repassage of the
91.2 bill.
91.5 House Conferees:
91.8 ......................... .........................
91.9 William Kuisle James T. Clark
91.12 .........................
91.13 Sharon Marko
91.18 Senate Conferees:
91.21 ......................... .........................
91.22 Steve Murphy David H. Johnson
91.25 .........................
91.26 Mark Ourada