Minnesota Session Laws - 1984, Regular Session

  

                         Laws of Minnesota 1984 

                        CHAPTER 647-H.F.No. 820 
           An act relating to recreational vehicles; requiring a 
          three-year registration fee for three-wheel off-road 
          vehicles; requiring safety certificates of youthful 
          operators; prescribing penalties; creating a 
          three-wheel off-road vehicle safety account in the 
          state treasury; appropriating funds; appropriating 
          money; proposing new law coded in Minnesota Statutes, 
          chapter 84. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [84.92] [DEFINITIONS.] 
    Subdivision 1.  The definitions in this section apply to 
sections 1 to 9.  
    Subd. 2.  "Commissioner" means the commissioner of natural 
resources.  
    Subd. 3.  "Dealer" means a person engaged in the business 
of selling three-wheel off-road vehicles at wholesale or retail. 
    Subd. 4.  "Manufacturer" means a person engaged in the 
business of manufacturing three-wheel off-road vehicles.  
    Subd. 5.  "Owner" means a person, other than a person with 
a security interest, having a property interest in or title to a 
three-wheel off-road vehicle and entitled to the use and 
possession of the vehicle.  
    Subd. 6.  "Person" means an individual or an organization 
as defined in section 336.1-201, paragraph (30).  
    Subd. 7.  "Register" means the act of assigning a 
registration number to a three-wheel off-road vehicle.  
    Subd. 8.  "Three-wheel off-road vehicle" or "vehicle" means 
a motorized flotation-tired vehicle of not less than three low 
pressure tires, but not more than six tires, that is limited in 
engine displacement of less than 800 cubic centimeters and total 
dry weight less than 600 pounds.  
    Sec. 2.  [84.922] [REGISTRATION.] 
    Subdivision 1.  [GENERAL REQUIREMENTS.] Unless exempted in 
subdivision 8, after January 1, 1985, a person may not operate a 
three-wheel off-road vehicle within the state unless the vehicle 
has been registered.  After January 1, 1985, a person may not 
sell a vehicle without furnishing the buyer a bill of sale on a 
form prescribed by the commissioner.  
    Subd. 2.  [APPLICATION, ISSUANCE, REPORTS.] Application for 
registration or continued registration shall be made to the 
commissioner of natural resources, the commissioner of public 
safety or an authorized deputy registrar of motor vehicles on a 
form prescribed by the commissioner.  The form must state the 
name and address of every owner of the vehicle and be signed by 
at least one owner.  Upon receipt of the application and the 
appropriate fee the commissioner shall register the vehicle and 
assign a registration number that must be affixed to the vehicle 
in a manner prescribed by the commissioner.  The commissioner 
shall use the snowmobile registration system to register 
vehicles under this section.  Each deputy registrar of motor 
vehicles acting under section 168.33, is also a deputy registrar 
of vehicles.  The commissioner of natural resources in agreement 
with the commissioner of public safety may prescribe the 
accounting and procedural requirements necessary to assure 
efficient handling of registrations and registration fees. 
Deputy registrars shall strictly comply with the accounting and 
procedural requirements.  A fee of 50 cents in addition to other 
fees prescribed by law shall be charged for each vehicle 
registered by a deputy registrar, and shall be deposited in the 
treasury of the jurisdiction where the deputy is appointed, or 
retained if the deputy is not a public official.  
    Subd. 3.  [REGISTRATION CARD.] The commissioner shall 
provide to the registrant a registration card that includes the 
registration number, the date of registration, the make and 
serial number of the vehicle, the owner's name and address, and 
additional information the commissioner may require. Information 
concerning each registration shall be retained by the 
commissioner.  Upon a satisfactory showing that the registration 
card has been lost or destroyed the commissioner shall issue a 
replacement registration card upon payment of a fee of $4.  The 
fees collected from replacement registration cards shall be 
deposited in the three-wheel off-road vehicle account.  
    Subd. 4.  [REPORT OF TRANSFERS.] A person who sells or 
transfers ownership of a vehicle registered under this section 
shall report the sale or transfer to the commissioner within 15 
days of the date of transfer.  An application for transfer must 
be executed by the registered owner and the purchaser on a form 
prescribed by the commissioner with the owner's registration 
certificate, a bill of sale and a $4 fee.  
    Subd. 5.  [FEES FOR REGISTRATION.] The fee for registration 
of each vehicle under this section shall be $15 for three 
calendar years.  The commissioner or commissioner of public 
safety shall charge an additional $3 per registration granted. 
The fees collected under this subdivision shall be credited to 
the three-wheel off-road vehicle account.  
    Subd. 6.  [RENEWAL.] Every owner of a three-wheel vehicle 
must renew registration in a manner prescribed by the 
commissioner upon payment of the registration fees in 
subdivision 5.  
    Subd. 7.  [VEHICLES OWNED BY STATE OR POLITICAL 
SUBDIVISION.] A registration number must be issued without the 
payment of a fee for three-wheel vehicles owned by the state or 
a political subdivision upon application.  
    Subd. 8.  [EXEMPTIONS.] A registration is not required for 
the following:  
    (1) vehicles being used for work on agricultural lands;  
    (2) vehicles owned and used by the United States, another 
state, or a political subdivision;  
    (3) vehicles covered by a valid license of another state or 
county that have not been within this state for more than 30 
consecutive days;  
    (4) vehicles used exclusively in organized track racing 
events; and 
    (5) vehicles being used on private land with the permission 
of the landowner.  
    Sec. 3.  [84.923] [REQUIREMENTS OF MAKERS OF THREE-WHEEL 
OFF-ROAD VEHICLES.] 
    Subdivision 1.  [IDENTIFICATION NUMBER.] All vehicles made 
after January 1, 1985, and sold in the state, must have 
manufacturer's permanent identification number stamped in 
letters and numbers on the vehicle in the form and at a location 
prescribed by the commissioner.  
    Subd. 2.  [REGISTRATION NUMBER.] All vehicles made after 
January 1, 1985 and sold in the state, must be designed and made 
to provide an area to affix the registration number.  This area 
shall be at a location and of dimensions prescribed by the 
commissioner.  
    Sec. 4.  [84.925] [EDUCATION AND TRAINING PROGRAM.] 
    Subdivision 1.  [PROGRAM ESTABLISHED.] The commissioner 
shall establish a comprehensive three-wheel off-road vehicle 
environmental and safety education and training program, 
including the preparation and dissemination of vehicle 
information and safety advice to the public, the training of 
three-wheel off-road vehicle operators, and the issuance of 
three-wheel off-road vehicle safety certificates to vehicle 
operators over the age of 12 years who successfully complete the 
three-wheel off-road vehicle environmental and safety education 
and training course.  For the purpose of administering the 
program and to defray a portion of the expenses of training and 
certifying vehicle operators, the commissioner shall collect a 
fee of not to exceed $5 from each person who receives the 
training and shall deposit the fee in the three-wheel off-road 
vehicle account.  The commissioner shall cooperate with private 
organizations and associations, private and public corporations, 
and local governmental units in furtherance of the program 
established under this section.  The commissioner shall consult 
with the commissioner of public safety in regard to training 
program subject matter and performance testing that leads to the 
certification of vehicle operators.  
    Subd. 2.  [YOUTHFUL OPERATORS.] (a) A person under the age 
of 14 years may not operate a three-wheel off-road vehicle on 
any public land or water under the jurisdiction of the 
commissioner unless accompanied by an adult on the vehicle or on 
an accompanying three-wheel off-road vehicle or on a device 
towed by the same or an accompanying three-wheel off-road 
vehicle.  However, a person 12 years of age or older may operate 
a three-wheel off-road vehicle on public lands and waters under 
the jurisdiction of the commissioner if he has in his immediate 
possession a valid three-wheel off-road vehicle safety 
certificate issued by the commissioner.  
    (b) It is unlawful for the owner of a three-wheel off-road 
vehicle to allow the vehicle to be operated contrary to the 
provisions of this section.  
    Sec. 5.  [84.926] [VEHICLE USE ALLOWED ON PUBLIC LANDS BY 
THE COMMISSIONER.] 
    On a case by case basis, after notice and public hearing, 
the commissioner may allow vehicles on public trails under his 
jurisdiction during specified times.  
    Sec. 6.  [84.927] [REGISTRATION FEES; UNREFUNDED GASOLINE 
TAX; ALLOCATION.] 
    Subdivision 1.  [REGISTRATION REVENUE.] Fees from the 
registration of three-wheel off-road vehicles and the unrefunded 
gasoline tax attributable to vehicle use under section 296.16 
shall be deposited in the state treasury and credited to the 
three-wheel off-road vehicle account.  
    Subd. 2.  [PURPOSES.] Subject to appropriation by the 
legislature, money in the three-wheel off-road vehicle account 
may only be spent for the following purposes:  
    (1) the education and training program under section 4;  
    (2) administration and implementation of sections 1 to 10; 
and 
    (3) acquisition and development of vehicle use areas.  
    Sec. 7.  [84.928] [OPERATION ON STREETS AND HIGHWAYS.] 
    Except as provided in chapter 168 or in this section, a 
three-wheel off-road vehicle may not be driven or operated on a 
highway.  A vehicle may make a direct crossing of a street or 
highway provided:  
    (1) The crossing is made at an angle of approximately 90 
degrees to the direction of the highway and at a place where no 
obstruction prevents a quick and safe crossing;  
    (2) The vehicle is brought to a complete stop before 
crossing the shoulder or main traveled way of the highway;  
    (3) The driver yields the right of way to all oncoming 
traffic that constitutes an immediate hazard;  
    (4) In crossing a divided highway, the crossing is made 
only at an intersection of the highway with another public 
street or highway; and 
    (5) If the crossing is made between the hours of one-half 
hour after sunset to one-half hour before sunrise or in 
conditions of reduced visibility, only if both front and rear 
lights are on.  
    Sec. 8.  [84.929] [PENALTIES.] 
    Any person who violates any provision of sections 2 to 4 is 

guilty of a petty misdemeanor.  
    Sec. 9. [DETERMINATION OF TAX ALLOCATION.] 
    The commissioners of natural resources, revenue, and 
transportation shall jointly determine the amount of unrefunded 
gasoline tax attributable to vehicle use in this state and shall 
report to the legislature by January 1, 1985, with a proposed 
revision of section 296.16 to reflect the results of this use.  
    Sec. 10.  [REPORT ON VEHICLE REGISTRATION, PROGRAMS, AND 
USE.] 
    By January 1, 1986, the commissioner shall report to the 
standing committees of each house of the legislature with 
jurisdiction over natural resources and appropriation matters on 
the number of vehicles registered under section 2, the 
implementation of the vehicle information and safety education 
and training program, and the growth patterns of vehicle use in 
the state.  
    Sec. 11.  [APPROPRIATIONS.] 
    Subdivision 1.  [COMMISSIONER OF NATURAL RESOURCES.] The 
sum of $185,000 is appropriated from the general fund to the 
commissioner of natural resources to be available for the fiscal 
year 1985 for administration and implementation of sections 2 to 
10.  The approved complement of the department of natural 
resources is increased by one position.  
    Subd. 2.  [REIMBURSEMENT.] Any amounts spent by the 
commissioner of natural resources from the appropriation in 
subdivision 1 and by the commissioner of revenue from the 
appropriation in subdivision 2 shall be reimbursed to the 
general fund.  The amount necessary to make the reimbursement is 
appropriated from the three-wheel off-road vehicle account to 
the commissioner of finance for transfer to the general fund.  
    Sec. 12.  [EFFECTIVE DATE.] 
    This act is effective July 1, 1984. 
    Approved May 2, 1984