Minnesota Session Laws - 1985, Regular Session

  

                         Laws of Minnesota 1985 

                         CHAPTER 63-H.F.No. 256 
           An act relating to motor vehicles; defining terms; 
          regulating van-type motor homes; amending Minnesota 
          Statutes 1984, sections 168.011, subdivision 25, and 
          by adding subdivisions; and 168.27, subdivisions 2 and 
          10. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1984, section 168.011, 
subdivision 25, is amended to read: 
    Subd. 25.  [RECREATIONAL EQUIPMENT.] (a) "Recreational 
equipment" means house trailers including those which telescope 
or fold down, chassis mounted campers, house cars, motor homes, 
tent trailers, slip in campers, and converted buses and 
converted vans. 
    (1) House trailers, chassis mounted campers, house cars, 
motor homes, tent trailers, slip in campers, converted buses and 
converted vans that are units designed and used for provide 
temporary human living quarters and meeting the following 
qualifications:.  A vehicle is considered to provide temporary 
living quarters if it:  
    (a) (1) are is not used as the residence of the owner or 
occupant.; 
    (b) (2) are is used for temporary living quarters by the 
owner or occupant while engaged in recreational or vacation 
activities.; and 
    (c) (3) The is self propelled or towed on the public 
streets or highways incidental to the recreational or vacation 
activities. 
    (b) For the purposes of this subdivision, a motor home 
includes means a unit designed to provide temporary living 
quarters, built into as an integral part of, or permanently 
attached to, a self propelled motor vehicle chassis or van that 
contains a.  A motor home must contain permanently installed 
independent life support system systems which meet the American 
National Standards Institute standard number A119.2 for 
recreational vehicles and provides provide at least four of the 
following facilities, two of which must be from the systems 
listed in clauses (1), (5), and (6):  (1) cooking facility with 
liquid propane gas supply, (2) refrigeration or ice 
box refrigerator, (3) self contained toilet or a toilet 
connected to a plumbing system with connection for external 
water disposal, (4) heating or air conditioning separate from 
the vehicle engine, (5) a potable water supply system including 
a faucet and sink with faucet either self contained or with 
connections for an external source, and (6) separate 110-125 
volt electrical power supply, or a liquid propane gas 
supply.  For purposes of this subdivision, "permanently 
installed" means built into or attached as an integral part of a 
chassis or van, and designed not to be removed except for repair 
or replacement.  A system which is readily removable or held in 
place by clamps or tie downs is not permanently installed.  
    The units Motor homes include, but are not limited to, the 
following:  
    (i) (1) Type A Motor Home -- a raw chassis upon which is 
built a driver's compartment and an entire body that provides 
temporary living quarters as defined in this paragraph;  
    (ii) (2) Type B Motor Home -- a completed van-type vehicle 
that has been altered to provide temporary living quarters that 
conforms to the motor home definition in this paragraph and has 
been completed or altered by the final stage manufacturer; and 
    (iii) (3) Type C Motor Home -- an incomplete vehicle upon 
which is permanently attached a body designed to provide 
temporary living quarters as defined above in this paragraph.  
    (2) (c) Slip in campers are mounted into a pickup truck in 
the pickup box, either by bolting through the floor of the 
pickup box or by firmly clamping to the side of the pickup box.  
The vehicle must be registered as a passenger automobile. 
    Sec. 2.  Minnesota Statutes 1984, section 168.011, is 
amended by adding a subdivision to read: 
    Subd. 30.  [DISTRIBUTOR.] "Distributor" means a person, 
firm, or corporation which has a bona fide contract or franchise 
with a manufacturer to distribute the new motor vehicles of that 
manufacturer to licensed new motor vehicle dealers, but does not 
include a dealer. 
    Sec. 3.  Minnesota Statutes 1984, section 168.011, is 
amended by adding a subdivision to read: 
    Subd. 31.  [FIRST-STAGE MANUFACTURER.] "First-stage 
manufacturer" means a person, firm, or corporation which 
manufactures, assembles, and sells new motor vehicles for resale 
in this state. 
    Sec. 4.  Minnesota Statutes 1984, section 168.011, is 
amended by adding a subdivision to read: 
    Subd. 32.  [FINAL-STAGE MANUFACTURER.] "Final-stage 
manufacturer" means a person, firm, or corporation which 
performs manufacturing operations on an incomplete motor vehicle 
or a van-type motor vehicle so that it becomes a type A, B, or C 
motor home. 
    Sec. 5.  Minnesota Statutes 1984, section 168.011, is 
amended by adding a subdivision to read: 
    Subd. 33.  [VAN CONVERTER OR MODIFIER.] "Van converter or 
modifier" means a person, firm, or corporation engaged in the 
business of modifying, completing or converting van-type 
vehicles into multipurpose passenger vehicles which are not 
motor homes as defined in subdivision 25 of this section. 
    Sec. 6.  Minnesota Statutes 1984, section 168.27, 
subdivision 2, is amended to read: 
    Subd. 2.  [NEW MOTOR VEHICLE DEALER.] No person shall 
engage in the business of selling or arranging the sale of new 
motor vehicles or shall offer to sell, solicit, arrange or 
advertise the sale of new motor vehicles without first acquiring 
a new motor vehicle dealer license.  A new motor vehicle dealer 
licensee shall be entitled thereunder to sell, broker, wholesale 
or auction and to solicit and advertise the sale, broker, 
wholesale or auction of new motor vehicles covered by his 
franchise and any used motor vehicles or to lease and to solicit 
and advertise the lease of new motor vehicles and any used motor 
vehicles and such sales or leases may be either for consumer use 
at retail or for resale to a dealer.  Nothing herein shall be 
construed to require an applicant for a dealer license who 
proposes to deal in:  (1) new and unused motor vehicle bodies; 
or (2) type A, B, or C motor homes as defined in section 
168.011, subdivision 25, to have a bona fide contract or 
franchise in effect with either the first-stage manufacturer of 
the motor home or the manufacturer or distributor of any motor 
vehicle chassis upon which the new and unused motor vehicle body 
is mounted.  The modification or conversion of a new van-type 
vehicle into a multipurpose passenger vehicle which is not a 
motor home does not constitute dealing in new or unused motor 
vehicle bodies, and a person engaged in the business of selling 
these van-type vehicles must have a bona fide contract or 
franchise with the appropriate manufacturer under subdivision 
10.  A van converter or modifier may sell these modified or 
converted van-type vehicles which he owns at wholesale to new 
motor vehicle dealers having a bona fide contract or franchise 
with the first-stage manufacturer of the vehicles. 
    Sec. 7.  Minnesota Statutes 1984, section 168.27, 
subdivision 10, is amended to read: 
    Subd. 10.  [PLACE OF DOING BUSINESS.] All licensees under 
this section shall have an established place of business which 
shall include as a minimum, 
    (1) For a new motor vehicle dealer, the following: 
    (a) a permanent enclosed commercial building on a permanent 
foundation, owned or under lease by the licensee.  The lease 
shall be for a minimum term of one year.  The building shall 
contain office space where the books, records and files 
necessary to conduct the business are kept and maintained with 
personnel available during normal business hours; 
    (b) a bona fide contract or franchise (1) in effect with a 
manufacturer or distributor of the new motor vehicles he 
proposes to sell, broker, wholesale or auction, or (2) in effect 
with the first-stage manufacturer or distributor of new motor 
vehicles purchased from a van converter or modifier which he 
proposes to sell, broker, wholesale, or auction, or (3) in 
effect with the final stage manufacturer of the new type A, B or 
C motor homes which he proposes to sell, broker, wholesale, or 
auction; 
    (c) a facility for the repair and servicing of motor 
vehicles and the storage of parts and accessories, not to exceed 
ten miles distance from the principal place of business.  Such 
service may be provided through contract with bona fide 
operators actually engaged in such services. 
    (2) For a used motor vehicle dealer the following:  a 
permanent enclosed commercial building on a permanent 
foundation, owned or under lease by the licensee.  The lease 
shall be for a minimum term of one year.  The building shall 
contain office space for the books, records and files necessary 
to conduct the business and maintained with personnel available 
during normal business hours or automatic telephone answering 
service during normal working hours. 
    (3) For a motor vehicle lessor, the following:  a 
commercial office space where the books, records and files 
necessary to conduct the business are kept and maintained with 
personnel available during normal business hours or an automatic 
telephone answering service during normal business hours. 
    (4) For a motor vehicle broker, the following:  a 
commercial office space where the books, records and files 
necessary to conduct the business are kept and maintained with 
personnel available during normal business hours or an automatic 
telephone answering service during normal business hours. 
    (5) For a motor vehicle wholesaler, the following:  a 
commercial office space where the books, records and files 
necessary to conduct the business are kept and maintained with 
personnel available during normal business hours or an automatic 
telephone answering service during normal business hours. 
    (6) For a motor vehicle auctioneer, the following:  a 
permanent enclosed commercial building, within or without the 
state, on a permanent foundation, owned or under lease by the 
licensee.  The lease shall be for a minimum term of one year.  
The building shall contain office space where the books, records 
and files necessary to conduct the business are kept and 
maintained with personnel available during normal business hours 
or an automatic telephone answering service during normal 
business hours. 
    (7) If a new or used motor vehicle dealer maintains more 
than one place of doing business in a county, the separate 
places shall be listed on the application.  If additional places 
of business are maintained outside of one county, separate 
licenses shall be obtained for each county. 
    (8) If a motor vehicle lessor, broker or auctioneer 
maintains more than one permanent place of doing business, 
either in one or more counties, the separate places shall be 
listed in the application, but only one license shall be 
required. 
    Sec. 8.  [EFFECTIVE DATE.] 
    Sections 1 to 7 are effective the day following final 
enactment. 
    Approved May 6, 1985