Office of the Revisor of Statutes
Minnesota Session Laws - 1986, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1986
CHAPTER 452-S.F.No. 1065
An act relating to transportation; regulating
recreational vehicles; regulating all-terrain
vehicles; regulating routes to the trunk highway
system; prescribing fees; providing penalties;
appropriating money; amending Minnesota Statutes 1984,
sections 84.92; 84.922, subdivisions 1, 3, 5, 6, 7, 8,
and by adding subdivisions; 84.925; 84.927; 84.928;
85.018; 100.273, subdivision 9; 161.117; 168.012,
subdivision 3a; 169.045; 169.825, subdivision 8; and
296.16, subdivision 1; proposing coding for new law in
Minnesota Statutes, chapter 84.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1984, section 84.92, is
amended to read:
84.92 [DEFINITIONS.]
Subdivision 1. [SCOPE.] The definitions in this section
apply to sections 84.92 to 84.929 and Laws 1984, chapter 647,
sections 1 to section 9.
Subd. 1a. [AGRICULTURAL ZONE.] "Agricultural zone" means
the areas in Minnesota lying south and west of a line starting
at the Minnesota-North Dakota border and formed by rights-of-way
of trunk highway no. 10, thence easterly along trunk highway no.
10 to trunk highway no. 23, thence easterly along trunk highway
no. 23 to trunk highway no. 95, thence easterly along trunk
highway no. 95 to its termination at the Minnesota-Wisconsin
border.
Subd. 2. [COMMISSIONER.] "Commissioner" means the
commissioner of natural resources.
Subd. 3. [DEALER.] "Dealer" means a person engaged in the
business of selling three-wheel off-road all-terrain vehicles at
wholesale or retail.
Subd. 4. [MANUFACTURER.] "Manufacturer" means a person
engaged in the business of manufacturing three-wheel off-road
all-terrain vehicles.
Subd. 5. [OWNER.] "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 an all-terrain vehicle and
entitled to the use and possession of the vehicle.
Subd. 6. [PERSON.] "Person" means an individual or an
organization as defined in section 336.1-201, paragraph (30).
Subd. 7. [REGISTER.] "Register" means the act of assigning
a registration number to a three-wheel off-road an all-terrain
vehicle.
Subd. 8. [ALL-TERRAIN VEHICLE.] "Three-wheel off-road
All-terrain 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. Minnesota Statutes 1984, section 84.922,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL REQUIREMENTS.] Unless exempted in
subdivision 8, after January 1, 1985, a person may not operate a
three-wheel off-road an all-terrain 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.
Sec. 3. Minnesota Statutes 1984, section 84.922,
subdivision 3, is amended to read:
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 all-terrain
vehicle account.
Sec. 4. Minnesota Statutes 1984, section 84.922,
subdivision 5, is amended to read:
Subd. 5. [FEES FOR REGISTRATION.] (a) 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, other than those registered by a dealer or manufacturer
under paragraph (b) or (c), is $18 for three years and $4 for a
duplicate or transfer.
(b) The total registration fee for all-terrain vehicles
owned by a dealer and operated for demonstration or testing
purposes is $50 per year. Dealer registrations are not
transferable.
(c) The total registration fee for all-terrain vehicles
owned by a manufacturer and operated for research, testing,
experimentation, or demonstration purposes is $150 per year.
Manufacturer registrations are not transferable.
(d) The fees collected under this subdivision shall must be
credited to the three-wheel off-road all-terrain vehicle account.
Sec. 5. Minnesota Statutes 1984, section 84.922,
subdivision 6, is amended to read:
Subd. 6. [RENEWAL.] Every owner of a three-wheel an
all-terrain vehicle must renew registration in a manner
prescribed by the commissioner upon payment of the registration
fees in subdivision 5.
Sec. 6. Minnesota Statutes 1984, section 84.922,
subdivision 7, is amended to read:
Subd. 7. [VEHICLES OWNED BY STATE OR POLITICAL
SUBDIVISION.] A registration number must be issued without the
payment of a fee for three-wheel all-terrain vehicles owned by
the state or a political subdivision upon application.
Sec. 7. Minnesota Statutes 1984, section 84.922,
subdivision 8, is amended to read:
Subd. 8. [EXEMPTIONS.] A registration is not required for
the following:
(1) vehicles being used for work exclusively 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 country that have not been within this state for more
than 30 consecutive days; and
(4) vehicles used exclusively in organized track racing
events; and
(5) vehicles being used on private land with the permission
of the landowner.
Sec. 8. Minnesota Statutes 1984, section 84.922, is
amended by adding a subdivision to read:
Subd. 9. [LICENSING BY POLITICAL SUBDIVISIONS.] No
political subdivision of this state shall require licensing or
registration of all-terrain vehicles covered by sections 84.92
to 84.929.
Sec. 9. Minnesota Statutes 1984, section 84.922, is
amended by adding a subdivision to read:
Subd. 10. [REGISTRATION BY MINORS PROHIBITED.] No person
under the age of 18 may register an all-terrain vehicle.
Sec. 10. [84.924] [RULEMAKING; ACCIDENT REPORT.]
Subdivision 1. [COMMISSIONER OF NATURAL RESOURCES.] With a
view of achieving proper use of all-terrain vehicles consistent
with protection of the environment, the commissioner of natural
resources shall adopt rules under chapter 14 relating to:
(1) registration of all-terrain vehicles and display of
registration numbers;
(2) use of all-terrain vehicles insofar as game and fish
resources are affected;
(3) use of all-terrain vehicles on public lands and waters
under the jurisdiction of the commissioner of natural resources;
(4) uniform signs to be used by the state, counties, and
cities necessary or desirable to control, direct, or regulate
the operation and use of all-terrain vehicles; and
(5) specifications relating to all-terrain vehicle mufflers.
Subd. 2. [COMMISSIONER OF PUBLIC SAFETY.] The commissioner
of public safety may adopt rules under chapter 14 regulating the
use of all-terrain vehicles on streets and highways.
Subd. 3. [ACCIDENT REPORT; REQUIREMENT AND FORM.] The
operator of an all-terrain vehicle involved in an accident
resulting in injury requiring medical attention or
hospitalization to or death of a person or total damage to an
extent of $100 or more shall promptly forward a written report
of the accident to the commissioner of natural resources on a
form prescribed by the commissioner.
Sec. 11. Minnesota Statutes 1984, section 84.925, is
amended to read:
84.925 [EDUCATION AND TRAINING PROGRAM.]
Subdivision 1. [PROGRAM ESTABLISHED.] The commissioner
shall establish a comprehensive three-wheel off-road all-terrain
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 all-terrain vehicle operators, and the
issuance of three-wheel off-road all-terrain vehicle safety
certificates to vehicle operators over the age of 12 years who
successfully complete the three-wheel off-road all-terrain
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 all-terrain 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 an
all-terrain 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
all-terrain vehicle or on a device towed by the same or an
accompanying three-wheel off-road all-terrain vehicle. However,
a person 12 years of age or older may operate a three-wheel
off-road an all-terrain 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 all-terrain vehicle
safety certificate issued by the commissioner.
(b) It is unlawful for the owner of a three-wheel off-road
an all-terrain vehicle to allow the vehicle to be operated
contrary to the provisions of this section.
Sec. 12. [84.9254] [SIGNAL FROM OFFICER TO STOP.]
It is unlawful for an all-terrain vehicle operator, after
having received a visual or audible signal from a law
enforcement officer to come to a stop, to (1) operate an
all-terrain vehicle in willful or wanton disregard of the signal
to stop, (2) interfere with or endanger the law enforcement
officer or any other person or vehicle, or (3) increase speed or
attempt to flee or elude the officer.
Sec. 13. [84.9256] [YOUTHFUL OPERATORS; PROHIBITIONS.]
Subdivision 1. [PROHIBITIONS ON YOUTHFUL OPERATORS.] (a)
Despite section 84.928 to the contrary, a person under 12 years
of age shall not make a direct crossing of a trunk, county
state-aid, or county highway as the operator of an all-terrain
vehicle, or operate the vehicle upon a street or highway within
a municipality.
(b) A person 12 years of age but less than 14 years may
make a direct crossing of a trunk, county state-aid, or county
highway only if that person possesses a valid all-terrain
vehicle safety certificate and is accompanied by a person over
18 years of age or holding a valid driver's license. A person
under the age of 14 years shall not operate an all-terrain
vehicle on public land or water under the jurisdiction of the
commissioner unless accompanied by one of the following listed
persons on the same vehicle, if designed for more than one
person, or an accompanying all-terrain vehicle: the person's
parent, legal guardian, or other person 18 years of age or older
or holding a valid driver's license.
However, a person 12 years of age or older may operate an
all-terrain vehicle on public lands and waters under the
jurisdiction of the commissioner if that person possesses a
valid all-terrain vehicle safety certificate issued by the
commissioner.
(c) A person 14 years of age or older, but less than 16
years of age, may make a direct crossing of a trunk, county
state-aid, or county highway only if that person possesses a
valid all-terrain vehicle safety certificate issued by the
commissioner or a valid motor vehicle operator's license.
Subd. 2. [HELMET REQUIRED.] A person less than 16 years of
age shall not operate an all-terrain vehicle on public land
unless wearing a safety helmet approved by the commissioner of
public safety.
Subd. 3. [PROHIBITIONS ON OWNER.] It is unlawful for the
owner of an all-terrain vehicle to permit it to be operated
contrary to this section.
Subd. 4. [SUSPENSION.] When the judge of a juvenile court,
or its duly authorized agent, determines that a person, while
less than 18 years of age, has violated sections 84.92 to
84.929, or other state or local law or ordinance regulating the
operation of an all-terrain vehicle, the judge or duly
authorized agent shall immediately report the determination to
the commissioner and (1) may recommend the suspension of the
person's all-terrain vehicle safety certificate, or (2) may
recommend to the commissioner of public safety, the suspension
of the person's driver's license. The commissioner may suspend
the certificate without a hearing.
Sec. 14. Minnesota Statutes 1984, section 84.927, is
amended to read:
84.927 [REGISTRATION FEES; UNREFUNDED GASOLINE TAX;
ALLOCATION.]
Subdivision 1. [REGISTRATION REVENUE.] Fees from the
registration of three-wheel off-road all-terrain vehicles and
the unrefunded gasoline tax attributable to all-terrain vehicle
use under section 296.16 shall be deposited in the state
treasury and credited to the three-wheel off-road all-terrain
vehicle account.
Subd. 2. [PURPOSES.] Subject to appropriation by the
legislature, money in the three-wheel off-road all-terrain
vehicle account may only be spent for the following purposes:
(1) the education and training program under section 84.925;
(2) administration and implementation of sections 84.92 to
84.929 and Laws 1984, chapter 647, sections 1 to 9 and 10; and
(3) acquisition, maintenance, and development of vehicle
trails and use areas;
(4) grant-in-aid programs to counties and municipalities to
construct and maintain all-terrain vehicle trails and use areas;
and
(5) grants-in-aid to local safety programs.
The distribution of funds made available through
grant-in-aid programs must be guided by the statewide
comprehensive outdoor recreation plan.
Sec. 15. Minnesota Statutes 1984, section 84.928, is
amended to read:
84.928 [OPERATION ON STREETS AND HIGHWAYS REQUIREMENTS;
LOCAL REGULATION.]
Subdivision 1. [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)
A person shall not operate an all-terrain vehicle upon the
roadway, shoulder, or inside bank or slope of a trunk, county
state-aid, or county highway in this state and, in the case of a
divided trunk or county highway, on the right-of-way between the
opposing lanes of traffic, except as provided in sections 84.92
to 84.929. A person shall not operate an all-terrain vehicle
within the right-of-way of a trunk, county state-aid, or county
highway from April 1 to August 1 in the agricultural zone unless
the vehicle is being used exclusively as transporation to and
from work on agricultural lands. A person shall not operate an
all-terrain vehicle within the right-of-way of a trunk, county
state-aid, or county highway between the hours of one-half hour
after sunset to one-half hour before sunrise, except on the
right-hand side of the right-of-way and in the same direction as
the highway traffic on the nearest lane of the adjacent
roadway. A person shall not operate an all-terrain vehicle at
any time within the right-of-way of an interstate highway or
freeway within this state.
A (b) An all-terrain 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.
(c) An all-terrain vehicle may be operated upon a bridge,
other than a bridge that is part of the main traveled lanes of
an interstate highway, when required for the purpose of avoiding
obstructions to travel when no other method of avoidance is
possible; provided the all-terrain vehicle is operated in the
extreme right-hand lane, the entrance to the roadway is made
within 100 feet of the bridge, and the crossing is made without
undue delay.
(d) A person shall not operate an all-terrain vehicle upon
a public street or highway unless the vehicle is equipped with
at least one headlight and one taillight, each of minimum
candlepower as prescribed by rules of the commissioner, with
reflector material of a minimum area of 16 square inches mounted
on each side forward of the handlebars, and with brakes
conforming to standards prescribed by rule of the commissioner,
and all of which are subject to the approval of the commissioner
of public safety.
(e) An all-terrain vehicle may be operated upon a public
street or highway other than as provided by paragraph (b) in an
emergency during the period of time when and at locations where
the condition of the roadway renders travel by automobile
impractical.
(f) Chapter 169 applies to the operation of all-terrain
vehicles upon streets and highways, except for those provisions
relating to required equipment and except those provisions which
by their nature have no application.
(g) A sled, trailer, or other device being towed by an
all-terrain vehicle must be equipped with reflective materials
as required by rule of the commissioner.
Subd. 2. [OPERATION GENERALLY.] It is unlawful for a
person to drive or operate an all-terrain vehicle:
(1) at a rate of speed greater than reasonable or proper
under the surrounding circumstances;
(2) in a careless, reckless, or negligent manner so as to
endanger or to cause injury or damage to the person or property
of another;
(3) without headlight and taillight lighted at all times if
the vehicle is equipped with headlight and taillight;
(4) without a functioning stoplight if so equipped; or
(5) in a tree nursery or planting in a manner which damages
or destroys growing stock.
Subd. 3. [OPERATING UNDER INFLUENCE OF ALCOHOL OR
CONTROLLED SUBSTANCE.] A person may not operate or be in control
of an all-terrain vehicle while under the influence of alcohol,
as provided in section 169.121, subdivision 1, or a controlled
substance defined in section 152.01, subdivision 4. A person
violating this subdivision is guilty of a crime and is
punishable in accordance with the provisions of section 169.121,
subdivisions 3 and 4.
Subd. 4. [OPERATION PROHIBITED ON AIRPORTS.] Except for
employees and agents while acting incident to the operation of
the airport, it is unlawful for a person to drive or operate an
all-terrain vehicle on an airport defined in section 360.013,
subdivision 5.
Subd. 5. [ORGANIZED CONTESTS, USE OF HIGHWAYS AND PUBLIC
LANDS AND WATERS.] Nothing in this section or chapter 169
prohibits the use of all-terrain vehicles within the
right-of-way of a state trunk or county state-aid highway or
upon public lands or waters under the jurisdiction of the
commissioner of natural resources, in an organized contest or
event, subject to the consent of the official or board having
jurisdiction over the highway or public lands or waters.
In permitting the contest or event, the official or board
having jurisdiction may prescribe restrictions or conditions as
they may deem advisable.
Subd. 6. [REGULATIONS BY POLITICAL SUBDIVISIONS.] Despite
any provision in this section to the contrary, a county board,
by resolution, may permit the operation of all-terrain vehicles
upon the roadway, shoulder, or inside bank or slope of a county
highway or county state-aid highway if the roadway is in the
agricultural zone or if safe operation in the ditch or outside
bank or slope of the highway is impossible, in which case the
county board shall provide appropriate notice.
A county or city, or a town acting by its town board, may
regulate the operation of all-terrain vehicles on public lands,
waters, and property under its jurisdiction and on streets and
highways within its boundaries, by resolution or ordinance of
the governing body and by giving appropriate notice, provided
the regulations are consistent with sections 84.92 to 84.929 and
rules adopted under section 10. However, the local governmental
unit may not adopt an ordinance which (1) imposes a fee for the
use of public land or water under the jurisdiction of either the
department of natural resources or other agency of the state, or
for the use of an access to it owned by the state or a county or
city, or (2) requires an all-terrain vehicle operator to possess
a motor vehicle driver's license while operating an all-terrain
vehicle.
Subd. 7. [LIABILITY TO ROAD OR TRAIL AUTHORITY.] When a
road, trail, or highway right-of-way is used as provided by
sections 84.92 to 84.928, 85.018, 100.273, subdivision 9, and
296.16, the authority having jurisdiction and the officers and
employees of the authority are exempt from liability for any
claim by any person arising from that use. This section shall
have no effect on the liability of any party or organization
having responsibility for the maintenance of a trail or roadway
for all-terrain vehicles.
Sec. 16. Minnesota Statutes 1984, section 85.018, is
amended to read:
85.018 [TRAIL USE; VEHICLES REGULATED, RESTRICTED.]
Subdivision 1. [DEFINITIONS.] For the purposes of this
section,:
(a) "Trail" means a recreational trail, which is funded in
whole or in part by state grants-in-aid to a local unit of
government.
(b) "Commissioner" means the commissioner of the state
agency from which the grants-in-aid are received.
Subd. 2. [AUTHORITY OF LOCAL GOVERNMENT.] (a) A local
government unit that receives state grants-in-aid for any trail,
with the concurrence of the commissioner, and the landowner or
land lessee, may:
(a) (1) designate the trail for use by snowmobiles or for
nonmotorized use from December 1 to April 1 of any year; and
(b) (2) issue any permit required under subdivisions 3 to 5.
(b) A local government unit that receives state
grants-in-aid under section 84.927, subdivision 2, for any
trail, with the concurrence of the commissioner, and landowner
or land lessee, may:
(1) designate the trail specifically for use at various
times of the year by all-terrain vehicles, for nonmotorized use
such as ski touring, snowshoeing, and hiking, and for multiple
use, but not for motorized and nonmotorized use at the same
time; and
(2) issue any permit required under subdivisions 3 to 5.
(c) A local unit of government that receives state
grants-in-aid for any trail, with the concurrence of the
commissioner and landowner or land lessee, may designate certain
trails for joint use by snowmobiles and all-terrain vehicles.
Subd. 3. [MOTORIZED USE; PERMITS, RESTRICTIONS.] Motorized
use of trails shall be allowed only by permit between April 2
and November 30 of any year Permits may be issued for motorized
vehicles, other than those designated, to use a trail designated
for use by snowmobiles or all-terrain vehicles. Notice of the
permit must be conspicuously posted, at the expense of the
permit holder, at no less than one-half mile intervals along the
trail, for the duration of the permit. Permits shall require
that permit holders return the trail and any associated facility
to their original condition if any damage is done by the
permittee. Limited permits for special events such as races may
be issued and shall require the removal of any trail markers,
banners and other material used in connection with the special
event.
Subd. 4. [NONMOTORIZED USE TRAILS; WINTER.] From December
1 to April 1 of any year No motorized vehicle shall be operated
on a trail designated for nonmotorized use such as ski touring
or snowshoe use.
Subd. 5. [SNOWMOBILE AND ALL-TERRAIN VEHICLE TRAILS
RESTRICTED.] (a) From December 1 to April 1 in any year no use
of a motorized vehicle other than a snowmobile, unless
authorized by permit, lease or easement, shall be permitted on a
trail designated for use by snowmobiles.
(b) From December 1 to April 1 in any year no use of a
motorized vehicle other than an all-terrain vehicle, unless
authorized by permit, shall be permitted on a trail designated
for use by all-terrain vehicles.
Subd. 6. [EXCEPTIONS.] The following motor vehicles are
exempt from the provisions of subdivisions 3 to 5:
(a) military, fire, emergency or law enforcement vehicles
used for official or emergency purposes;
(b) vehicles registered to the county, state or federal
government;
(c) vehicles authorized by permit, lease or contract;
(d) vehicles owned by private persons engaged in the upkeep
and maintenance of the trail systems under the direction of the
local unit of government that manages the trail; and
(e) vehicles registered to or operated with the permission
of a land owner on whose lands the trail system has been
constructed, but only with respect to operation on the land of
that owner.
Subd. 7. [STREETS AND HIGHWAYS.] This section does not
apply to any portion of a trail located on any street or highway
as defined in section 169.01.
Subd. 8. [ENFORCEMENT.] The provisions of this section may
be enforced by officers of the department of natural resources
as provided in section 97.50.
Sec. 17. Minnesota Statutes 1984, section 100.273,
subdivision 9, is amended to read:
Subd. 9. Violation of any provision of this section is a
misdemeanor. Upon a person's conviction for violating any
provision of this section, any license issued to him pursuant to
chapter 98, or any registration pursuant to section 84.82 or
84.922, under which he was exercising or attempting to exercise
a privilege while violating this section shall immediately
become null and void.
Sec. 18. Minnesota Statutes 1984, section 168.012,
subdivision 3a, is amended to read:
Subd. 3a. [MOTORIZED GOLF CARTS SPECIAL HANDICAPPED
PERMITS.] Motorized golf carts and four-wheel all-terrain
vehicles operated under permit and on roadways designated
pursuant to section 169.045 are exempt from the provisions of
this chapter.
Sec. 19. Minnesota Statutes 1984, section 169.045, is
amended to read:
169.045 [MOTORIZED GOLF CARTS; OPERATION; REGULATION
SPECIAL VEHICLE USE ON ROADWAY BY HANDICAPPED.]
Subdivision 1. [DESIGNATION OF ROADWAYS, PERMIT.] The
governing body of any home rule charter or statutory city or
town may by ordinance authorize the operation of motorized golf
carts, or four-wheel all-terrain vehicles, on designated
roadways or portions thereof under its jurisdiction.
Authorization to operate a motorized golf cart or four-wheel
all-terrain vehicle is by permit only. Permits are restricted
to physically handicapped persons defined in section 169.345,
subdivision 2. For purposes of this section, a four-wheel
all-terrain vehicle is a motorized flotation-tired vehicle with
four low-pressure tires that is limited in engine displacement
of less than 800 cubic centimeters and total dry weight less
than 600 pounds.
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 of
not to exceed one year, and may be annually renewed. A permit
may be revoked at any time if there is evidence that the
permittee cannot safely operate the motorized golf cart or
four-wheel all-terrain vehicle 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 motorized golf
cart or four-wheel all-terrain vehicle on the roadways
designated.
Subd. 3. [TIMES OF OPERATION.] Motorized golf carts and
four-wheel all-terrain vehicles may only be operated on
designated roadways from sunrise to sunset. They shall not be
operated in inclement weather or when visibility is impaired by
weather, smoke, fog or other conditions, or at any time when
there is insufficient light to clearly see persons and vehicles
on the roadway at a distance of 500 feet.
Subd. 4. [SLOW MOVING VEHICLE EMBLEM.] Motorized golf
carts shall display the slow moving vehicle emblem provided for
in section 169.522, when operated on designated roadways.
Subd. 5. [CROSSING INTERSECTING HIGHWAYS.] The operator,
under permit, of a motorized golf cart or four-wheel all-terrain
vehicle may cross any street or highway intersecting a
designated roadway.
Subd. 6. [APPLICATION OF TRAFFIC LAWS.] Every person
operating a motorized golf cart or four-wheel all-terrain
vehicle 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 motorized golf carts or
four-wheel all-terrain vehicles and except as otherwise
specifically provided in subdivision 7.
Subd. 7. [NONAPPLICATION OF CERTAIN LAWS.] The provisions
of chapter 171, are not applicable to persons operating
motorized golf carts or four-wheel all-terrain 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 is not applicable to
motorized golf carts or four-wheel all-terrain vehicles
operating, under permit, on designated roadways.
For purposes of the Minnesota base rate schedule, for
vehicles with six or more axles in the "S" and "T" categories,
the base rates are $1,520 and $1,620 respectively.
Sec. 20. Minnesota Statutes 1984, section 169.825,
subdivision 8, is amended to read:
Subd. 8. [PNEUMATIC-TIRED VEHICLES.] No vehicle or
combination of vehicles equipped with pneumatic tires shall be
operated upon the highways of this state:
(a) Where the gross weight on any wheel exceeds 9,000
pounds, except that on designated routes the gross weight on any
single wheel shall not exceed 10,000 pounds;
(b) Where the gross weight on any single axle exceeds
18,000 pounds, except that on designated routes the gross weight
on any single axle shall not exceed 20,000 pounds;
(c) Where, prior to July 1, 1989, the maximum wheel load
exceeds 600 pounds per inch of tire width or the manufacturer's
recommended load, whichever is less.
After July 1, 1989, the maximum wheel load may not exceed
the following:
Axle Group Maximum Weight in Pounds
Per Inch of Tire Width
Single 600
Tandem 450
Tridem and quad axle groups 400
or the manufacturer's recommended load, whichever is less;
(d) Where the gross weight on any axle of a tridem exceeds
15,000 pounds, except that for vehicles to which an additional
axle has been added prior to June 1, 1981, the maximum gross
weight on any axle of a tridem may be up to 16,000 pounds
provided the gross weight of the tridem combination does not
exceed 37,000 pounds where the first and third axles of the
tridem are spaced seven feet apart; 38,500 pounds where the
first and third axles of the tridem are spaced eight feet apart;
and 39,900 pounds where the first and third axles of the tridem
are spaced nine feet apart.
(e) Where the gross weight on any group of axles exceeds
the weights permitted under this section with any or all of the
interior axles disregarded and their gross weights subtracted
from the gross weight of all axles of the group under
consideration.
Sec. 21. Minnesota Statutes 1984, section 296.16,
subdivision 1, is amended to read:
Subdivision 1. [INTENT.] All gasoline received in this
state and all gasoline produced in or brought into this state
except aviation gasoline and marine gasoline shall be determined
to be intended for use in motor vehicles in this state.
Approximately three-fourths of one percent of all gasoline
received in this state and three-fourths of one percent of all
gasoline produced or brought into this state, except gasoline
used for aviation purposes, is being used as fuel for the
operation of motor boats on the waters of this state and of the
total revenue derived from the imposition of the gasoline fuel
tax for uses other than in motor boats, three-fourths of one
percent of such revenues is the amount of tax on fuel used in
motor boats operated on the waters of this state.
Approximately three-fourths of one percent of all gasoline
received in and produced or brought into this state, except
gasoline used for aviation purposes, is being used as fuel for
the operation of snowmobiles in this state, and of the total
revenue derived from the imposition of the gasoline fuel tax for
uses other than in snowmobiles, three-fourths of one percent of
such revenues is the amount of tax on fuel used in snowmobiles
operated in this state.
Approximately 0.15 of one percent of all gasoline received
in or produced or brought into this state, except gasoline used
for aviation purposes, is being used for the operation of
all-terrain vehicles in this state, and of the total revenue
derived from the imposition of the gasoline fuel tax, 0.15 of
one percent is the amount of tax on fuel used in all-terrain
vehicles operated in this state.
Sec. 22. [TRUNK HIGHWAY SYSTEM; NEW ROUTE SUBSTITUTED FOR
EXISTING ROUTE.]
Subdivision 1. [ADDITIONAL ROUTE.] There is added to the
trunk highway system a new route in Minnesota Statutes, section
161.115, described as follows:
Route No. 240. Beginning at a point on Route No. 69, at or
near Annandale; thence extending in a general northerly
direction to a point on Route No. 3.
Subd. 2. [SUBSTITUTION.] The route established in
subdivision 1 is substituted for route numbered 240 as contained
and described in Minnesota Statutes 1984, section 161.115.
Route numbered 240 as contained and described in that section is
discontinued and removed from the trunk highway system.
Subd. 3. [DIRECTIONS TO REVISOR.] The revisor of statutes,
in compiling the next and subsequent editions of Minnesota
Statutes, shall substitute the route established in subdivision
1 for the route discontinued and removed from the trunk highway
system in subdivision 2.
Sec. 23. [TRUNK HIGHWAY SYSTEM; NEW ROUTE SUBSTITUTED FOR
EXISTING ROUTE.]
Subdivision 1. [ADDITIONAL ROUTE.] There is added to the
trunk highway system a new route in Minnesota Statutes, section
161.115, described as follows:
Route No. 241. Beginning at a point in or adjacent to St.
Michael; then extending in a general easterly direction to a
point on Route No. 392.
Subd. 2. [SUBSTITUTION.] The route established in
subdivision 1 is substituted for route numbered 241 as contained
and described in Minnesota Statutes 1984, section 161.115.
Route numbered 241 as contained and described in that section is
discontinued and removed from the trunk highway system.
Subd. 3. [DIRECTIONS TO REVISOR.] The revisor of statutes,
in compiling the next and subsequent editions of Minnesota
Statutes, shall substitute the route established in subdivision
1 for the route discontinued and removed from the trunk highway
system in subdivision 2.
Sec. 24. [TRUNK HIGHWAY SYSTEM; NEW ROUTE SUBSTITUTED FOR
EXISTING ROUTE.]
Subdivision 1. [ADDITIONAL ROUTE.] There is added to the
trunk highway system a new route in Minnesota Statutes, section
161.115, described as follows:
Route No. 279. Beginning at a point on Route No. 390 in
Dakota county southwesterly of Fort Snelling; thence extending
in a general northerly direction across the Minnesota River to a
point on Route No. 116 in Minneapolis.
Subd. 2. [SUBSTITUTION.] The route established in
subdivision 1 is substituted for route numbered 279 as contained
and described in Minnesota Statutes 1984, section 161.115.
Route numbered 279 as contained and described in that section is
discontinued and removed from the trunk highway system.
Subd. 3. [DIRECTIONS TO REVISOR.] The revisor of statutes,
in compiling the next and subsequent editions of Minnesota
Statutes, shall substitute the route established in subdivision
1 for the route discontinued and removed from the trunk highway
system in subdivision 2.
Sec. 25. [TRUNK HIGHWAY SYSTEM; NEW ROUTE SUBSTITUTED FOR
EXISTING ROUTE.]
Subdivision 1. [ADDITIONAL ROUTE.] There is added to the
trunk highway system a new route in Minnesota Statutes, section
161.115, described as follows:
Route No. 108. Beginning at the terminus of Route No. 12
on the easterly limits of the city of St. Paul; thence extending
in a westerly direction through the city of St. Paul to a point
on the easterly limits of Hennepin County.
Subd. 2. [SUBSTITUTION.] The route established in
subdivision 1 is substituted for route numbered 108 as contained
and described in Minnesota Statutes 1984, section 161.115.
Route numbered 108 as contained and described in that section is
discontinued and removed from the trunk highway system.
Subd. 3. [DIRECTIONS TO REVISOR.] The revisor of statutes,
in compiling the next and subsequent editions of Minnesota
Statutes, shall substitute the route established in subdivision
1 for the route discontinued and removed from the trunk highway
system in subdivision 2.
Sec. 26. [TRUNK HIGHWAY SYSTEM; NEW ROUTE SUBSTITUTED FOR
EXISTING ROUTE.]
Subdivision 1. [ADDITIONAL ROUTE.] There is added to the
trunk highway system a new route in Minnesota Statutes, section
161.115, described as follows:
Route No. 156. Beginning at a point on Route No. 394 in
the city of Minneapolis and extending in a northerly and
westerly direction to a point on Route No. 62 easterly of the
Great Northern Railway.
Subd. 2. [SUBSTITUTION.] The route established in
subdivision 1 is substituted for route numbered 156 as contained
and described in Minnesota Statutes 1984, section 161.115.
Route numbered 156 as contained and described in that section is
discontinued and removed from the trunk highway system.
Subd. 3. [DIRECTIONS TO REVISOR.] The revisor of statutes,
in compiling the next and subsequent editions of Minnesota
Statutes, shall substitute the route established in subdivision
1 for the route discontinued and removed from the trunk highway
system in subdivision 2.
Sec. 27. [TRUNK HIGHWAY SYSTEM; REMOVAL OF ROUTE NO. 129.]
Subdivision 1. [ROUTE DISCONTINUED.] Route No. 129 as
contained and described in Minnesota Statutes 1984, section
161.115, is discontinued and removed from the trunk highway
system.
Subd. 2. [DIRECTIONS TO REVISOR.] The revisor of statutes,
in compiling the next and subsequent editions of Minnesota
Statutes, shall delete the route specified in subdivision 1.
Sec. 28. [TRUNK HIGHWAY SYSTEM; REMOVAL OF ROUTE NO. 114.]
Subdivision 1. [ROUTE DISCONTINUED.] Route No. 114 as
contained and described in Minnesota Statutes 1984, section
161.115, is discontinued and removed from the trunk highway
system.
Subd. 2. [DIRECTIONS TO REVISOR.] The revisor of statutes,
in compiling the next and subsequent editions of Minnesota
Statutes, shall delete the route specified in subdivision 1.
Sec. 29. Minnesota Statutes 1984, section 161.117, is
amended to read:
161.117 [TRUNK HIGHWAYS; ADDITIONAL ROUTES.]
There may be added by order of the commissioner of
transportation to the trunk highway system new routes described
as follows:
(1) Route No. 380. Beginning at a point on Route No. 390
at its intersection with Shepard Road in the city of St. Paul;
thence extending in a northeasterly direction generally
following along the course of Shepard Road to a point on Route
No. 112; thence extending in a northeasterly direction to a
point on Route No. 392 easterly of the downtown area of St.
Paul; providing a connector route between Route No. 390 and
Route Nos. 112 and 392;
(2) Route No. 382. Beginning at a point on Route No. 390
at its junction with Route No. 111, thence extending in a
general northerly direction, within the corridor of the right of
way already acquired on May 31, 1975, for Route No. 390, to a
point on Short Line Road; thence extending in a northeasterly
direction within said corridor of right of way to the
intersection of Pleasant Avenue and Kellogg Boulevard in the
city of St. Paul.
(3) Route No. 383. Beginning at a point on Route No. 393
in the city of Bloomington and continuing in a northerly
direction above the present alignment of Hennepin county state
aid highway No. 18 to its intersection with Route No. 3 in or
near the city of Brooklyn Park.
(4) Route No. 384. Beginning at a point on Route No. 393
in the city of Eden Prairie and continuing in an easterly
direction along the present alignment of Hennepin county state
aid highway No. 62 to its intersection with Route No. 116.
(5) Route No. 385. Beginning at a point on Route No. 394
in the city of Minneapolis and continuing in an easterly
direction to a point on University Avenue in the city of
Minneapolis.
Sec. 30. [TRANSFERS OF JURISDICTION.]
Subdivision 1. [DUTIES OF COMMISSIONER.] The commissioner
of transportation shall assume ownership of all right-of-way now
owned by Hennepin county for the routes added to the trunk
highway system under section 29.
Subd. 2. [TRANSFER TO HENNEPIN COUNTY.] The commissioner
shall transfer to Hennepin county the following trunk highway
segments and associated right-of-way:
(1) Excelsior Boulevard from its intersection with marked
Trunk Highway No. 100 in the city of St. Louis Park to its
intersection with marked Trunk Highway No. 121 on the westerly
limits of the city of Minneapolis;
(2) Excelsior Boulevard, Lake Street, and Lyndale Avenue
from the intersection of Excelsior Boulevard and marked Trunk
Highway No. 121 on the westerly limits of the city of
Minneapolis, to the intersection of Lake Street and Lyndale
Avenue and thence northerly along Lyndale Avenue to its
intersection with Franklin Avenue near marked Interstate Highway
No. 94, in the city of Minneapolis;
(3) marked Trunk Highway No. 7 and West Lake Street from
its intersection with marked Trunk Highway No. 100 in the city
of St. Louis Park to its intersection with Excelsior Boulevard
in the city of Minneapolis;
(4) that portion of previous marked Trunk Highway No. 12 in
the city of Wayzata from its intersection with the current
alignment of marked Trunk Highway No. 12 to its intersection
with marked Trunk Highway No. 101;
(5) marked Trunk Highway No. 12 on its alignment on
University Avenue in the city of Minneapolis, from its
intersection with Washington Avenue to the easterly limits of
the city of Minneapolis;
(6) marked Trunk Highway No. 52 on its alignment on
University Avenue, Fourth Street Southeast and Oak Street in the
city of Minneapolis, from its intersection with marked
Interstate Highway No. 35W to its intersection with Washington
Avenue;
(7) marked Trunk Highway No. 81 from its intersection with
marked Interstate Highway No. 94 in the city of Minneapolis to
its intersection with marked Trunk Highway No. 100 in the city
of Robbinsdale;
(8) marked Trunk Highway No. 88 from its intersection with
marked Interstate Highway No. 35W to the easterly limits of
Hennepin county;
(9) New Brighton Boulevard from its intersection with
marked Interstate Highway No. 35W to its intersection with
Broadway Street Northeast, in the city of Minneapolis;
(10) marked Trunk Highway No. 101 from its intersection
with marked Interstate Highway No. 94 in Rogers to the southerly
limits of Hennepin county;
(11) Lake Street from its intersection with marked Trunk
Highway No. 55 in the city of Minneapolis to the easterly limits
of Hennepin county;
(12) marked Trunk Highway No. 121 from its intersection
with Excelsior Boulevard on the westerly limits of the city of
Minneapolis to its intersection with West Fifty-Eighth Street in
the city of Minneapolis;
(13) marked Trunk Highway No. 152 from its intersection
with marked Trunk Highway No. 101 in the city of Dayton to its
intersection with present marked Trunk Highway No. 169 in the
city of Brooklyn Park;
(14) marked Trunk Highway No. 169 from its intersection
with present marked Trunk Highway No. 152 in the city of
Brooklyn Park to its intersection with marked Trunk Highway No.
100 in the city of Robbinsdale; and
(15) marked Trunk Highway No. 252 from its intersection
with marked Trunk Highway No. 169 in the city of Champlin to its
intersection with Ninety-Third Avenue North in the city of
Brooklyn Park.
Subd. 3. [TRANSFERS; CONDITIONS.] All right-of-way
transferred to the commissioner of transportation by Hennepin
county under sections 22 to 32 and 35 is subject to Minnesota
Statutes, section 161.18. All right-of-way transferred to
Hennepin county by the commissioner of transportation under
sections 22 to 32 and 35 vests the county, without compensation
therefor, with all rights, titles, easements, and appurtenances
held by or vested in the state of Minnesota prior to the
transfer of ownership. All transfers of right-of-way under
sections 22 to 32 and 35 include the transfer of ownership of
interchange ramps and loops, bridges, signals, lighting devices,
and all other appurtenances within the right-of-way.
Sec. 31. [STATUTORY PROVISIONS.]
Minnesota Statutes, section 161.082, subdivision 2, does
not apply to transfers of trunk highways to Hennepin county
under sections 22 to 32 and 35.
Sec. 32. [AGREEMENT REQUIRED.]
No transfer of a highway or associated right-of-way under
sections 22 to 32 and 35 is effective unless the transfer has
been mutually agreed upon by the commissioner of transportation
and Hennepin county and a copy of the agreement, signed by the
commissioner and the chair of the Hennepin county board, has
been filed in the office of the commissioner.
Sec. 33. [APPROPRIATION.]
$475,000 is appropriated from the all-terrain vehicle
account to the commissioner of natural resources to administer
sections 1 to 17. For the development and administration of
trails under this act, the complement of the commissioner of
natural resources is increased by two positions.
Sec. 34. [APPLICABILITY.]
Section 21 applies to gasoline received in or produced or
brought into this state on and after January 1, 1986.
Sec. 35. [EFFECTIVE DATE.]
Sections 22 to 28 are each effective on the day following
certification by the commissioner of transportation to the
secretary of state that the ownership of a trunk highway and
associated right-of-way are no longer needed for trunk highway
purposes by reason of that section having been transferred to
Hennepin county in accordance with sections 22 to 32 and this
section, or by reason of route description revisions required by
the transfer. Section 30, subdivisions 1 and 2, are effective
the day following final enactment, subject to the provisions of
section 32. Section 30, subdivision 3, and sections 29, 31 and
32 are effective the day following final enactment.
Approved March 25, 1986
Official Publication of the State of Minnesota
Revisor of Statutes