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HF 138

as introduced - 88th Legislature (2013 - 2014) Posted on 02/18/2013 02:45pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 01/22/2013

Current Version - as introduced

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A bill for an act
relating to transportation; authorizing mini truck operation on local roads;
eliminating special permits for mini truck operation; amending Minnesota
Statutes 2012, sections 168.002, subdivision 24; 168A.05, by adding a
subdivision; 169.045, subdivisions 1, 2, 3, 5, 6, 7, 8; Laws 2009, chapter 158,
section 10, as amended; proposing coding for new law in Minnesota Statutes,
chapter 169; repealing Minnesota Statutes 2012, section 169.045, subdivision 7a.

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

Section 1.

Minnesota Statutes 2012, section 168.002, subdivision 24, is amended to read:


Subd. 24.

Passenger automobile.

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

(b) "Passenger automobile" does not include motorcycles, motor scooters, buses,
school buses, or commuter vans as defined in section 168.126.

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

(1) a vehicle that is a pickup truck or a van as defined in subdivisions 26 and 40;

new text begin (2) mini trucks, as defined in section 169.011, subdivision 40a;
new text end

deleted text begin (2)deleted text endnew text begin (3)new text end neighborhood electric vehicles, as defined in section 169.011, subdivision
47
; and

deleted text begin (3)deleted text endnew text begin (4)new text end medium-speed electric vehicles, as defined in section 169.011, subdivision 39.

Sec. 2.

Minnesota Statutes 2012, section 168A.05, is amended by adding a subdivision
to read:


new text begin Subd. 10. new text end

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

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

Sec. 3.

Minnesota Statutes 2012, section 169.045, subdivision 1, is amended to read:


Subdivision 1.

Designation of roadway, permit.

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

new text begin (b) new text endFor purposes of this sectionnew text begin, "special vehicles" includesnew text end:

(1) deleted text beginan deleted text endall-terrain deleted text beginvehicle has the meaning givendeleted text endnew text begin vehicles as definednew text end in section 84.92;

(2) deleted text begina mini truck has the meaning given in section 169.011, subdivision 40adeleted text endnew text begin motorized
golf carts
new text end; and

(3) deleted text begina deleted text endutility task deleted text beginvehicle means adeleted text endnew text begin vehicles, which arenew text end side-by-side, four-wheel
drive, off-road deleted text beginvehicledeleted text endnew text begin vehiclesnew text end that deleted text beginhasdeleted text endnew text begin havenew text end four wheels, deleted text beginisdeleted text endnew text begin arenew text end propelled by an internal
combustion engine with a piston displacement capacity of 1,200 cubic centimeters or less,
and deleted text beginhasdeleted text endnew text begin havenew text end a total dry weight of 1,800 but less than 2,600 pounds.

Sec. 4.

Minnesota Statutes 2012, section 169.045, subdivision 2, is amended to read:


Subd. 2.

Ordinance.

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

Sec. 5.

Minnesota Statutes 2012, section 169.045, subdivision 3, is amended to read:


Subd. 3.

Times of operation.

deleted text beginMotorized golf carts, all-terrain vehicles, and utility
task
deleted text endnew text begin Specialnew text end vehicles may only be operated on designated roadways from sunrise to
sunset, unless equipped with original equipment headlights, taillights, and rear-facing
brake lights. They shall not be operated in inclement weather, except during emergency
conditions as provided in the ordinance, or when visibility is impaired by weather, smoke,
fog or other conditions, or at any time when there is insufficient visibility to clearly see
persons and vehicles on the roadway at a distance of 500 feet.

Sec. 6.

Minnesota Statutes 2012, section 169.045, subdivision 5, is amended to read:


Subd. 5.

Crossing intersecting highways.

The operator, under permit, of a
deleted text beginmotorized golf cart, all-terrain vehicle, utility task vehicle, or mini truckdeleted text endnew text begin special vehicle
new text end may cross any street or highway intersecting a designated roadway.

Sec. 7.

Minnesota Statutes 2012, section 169.045, subdivision 6, is amended to read:


Subd. 6.

Application of traffic laws.

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

Sec. 8.

Minnesota Statutes 2012, section 169.045, subdivision 7, is amended to read:


Subd. 7.

Nonapplication of certain laws.

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

Sec. 9.

Minnesota Statutes 2012, section 169.045, subdivision 8, is amended to read:


Subd. 8.

Insurance.

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

Sec. 10.

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

new text begin Subdivision 1. new text end

new text begin Required equipment. new text end

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

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

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

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

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

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

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

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

new text begin Subd. 2. new text end

new text begin Operation. new text end

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

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

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

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

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

new text begin Subd. 3. new text end

new text begin Restrictions and prohibitions. new text end

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

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

Sec. 11.

Laws 2009, chapter 158, section 10, as amended by Laws 2012, chapter 287,
article 3, section 56, is amended to read:


Sec. 10. EFFECTIVE DATE.

Sections 2 and 3 are effective August 1, 2009deleted text begin, and the amendments made in sections
2 and 3 to Minnesota Statutes, sections 169.011 and 169.045, expire July 31, 2014
deleted text end.

Sec. 12. new text beginMINI TRUCKS; CANCELLATION OF LOCAL PERMITS.
new text end

new text begin On and after August 1, 2013, a local permit issued by a county, statutory or home
rule charter city, or town, under Minnesota Statutes, section 169.045, permitting operation
of a mini truck, as defined in Minnesota Statutes, section 169.011, subdivision 40a, is
canceled and superseded by Minnesota Statutes, section 169.2245. A person operating a
mini truck on or after August 1, 2013, must meet the requirements of Minnesota Statutes,
section 169.2245.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 13. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, section 169.045, subdivision 7a, new text end new text begin is repealed.
new text end