Minnesota Session Laws - 1987, Regular Session

  

                         Laws of Minnesota 1987 

                        CHAPTER 383-S.F.No. 1280 
           An act relating to public safety; increasing taxable 
          gross weight of vehicles at which proof of payment of 
          use tax is required; providing for permits for new 
          vehicles used in events for promotion purposes; 
          changing trip permit conditions; increasing fine for 
          unlawful use of registration plates or certificates; 
          allowing police to give age of parties in traffic 
          accident to media; providing for the disclosure of 
          certain information from accident reports; providing 
          for service of notice of driver's license revocation 
          by court; prescribing contents of petition for 
          judicial review of driver's license revocation; 
          subjecting alcohol problem assessment rules to 
          administrative procedure act; prescribing actions by 
          drivers on one-way road when emergency vehicle 
          approaching; restricting rulemaking authority of the 
          commissioner; requiring school buses on one-way, 
          separated roads with shoulders to load and unload 
          without flashing lights; removing obsolete deadlines; 
          prohibiting alteration of vehicle stop lamps; 
          providing for $10 fee for class A classified 
          provisional driver's license; allowing inspection of 
          school buses for approved wheelchair devices; amending 
          Minnesota Statutes 1986, sections 168.013, subdivision 
          20; 168.187, subdivision 17; 168.27, subdivision 16; 
          168.36, subdivision 2; 169.09, subdivision 13; 
          169.121, subdivision 7; 169.123, subdivision 5c; 
          169.124, subdivision 2; 169.20, subdivision 5; 169.44, 
          subdivisions 2, 16, and 17; 169.57, by adding a 
          subdivision; 171.06, subdivision 2; 299A.02, 
          subdivision 3; and 299A.11.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 168.013, 
subdivision 20, is amended to read:  
    Subd. 20.  [FEDERAL HEAVY VEHICLE USE TAX; PROOF OF 
PAYMENT.] No person may register a motor vehicle that, along 
with the trailers and semitrailers customarily used with the 
same type of motor vehicle, has a taxable gross weight of at 
least 33,000 55,000 pounds and is subject to the use tax imposed 
by the Internal Revenue Code of 1954, section 4481, unless proof 
of payment of the use tax, if required and in a form as may be 
prescribed by the secretary of the treasury, is presented.  
    Sec. 2.  Minnesota Statutes 1986, section 168.187, 
subdivision 17, is amended to read:  
    Subd. 17.  [TRIP PERMITS.] The commission may, subject to 
agreements or arrangements made or entered into pursuant to 
subdivision 7 issue trip permits for use of Minnesota highways 
by individual vehicles, on an occasional basis, for periods not 
to exceed 96 120 hours in compliance with rules promulgated 
pursuant to subdivision 23 and upon payment of a fee of $10 $15. 
    Sec. 3.  Minnesota Statutes 1986, section 168.27, 
subdivision 16, is amended to read:  
    Subd. 16.  [PLATES, DISTINGUISHING NUMBERS.] (a) The 
registrar shall issue to every motor vehicle dealer, upon a 
request from the motor vehicle dealer licensed as provided in 
subdivisions 2 or 3, one or more plates displaying a general 
distinguishing number upon the payment of $10 to the registrar.  
In addition the dealer shall pay a motor vehicle excise tax of 
$15 annually for each dealer plate purchased as required by 
section 297B.035.  The registrar shall deposit the tax in the 
state treasury and it shall be credited as provided in section 
297B.09.  Motor vehicles, new or used, owned by the motor 
vehicle dealer and bearing the number plate, except vehicles 
leased to the user who is not an employee of the dealer during 
the term of the lease, held for hire, or customarily used by the 
dealer as a tow truck, service truck, or parts pickup truck, may 
be driven upon the streets and highways of this state as follows:
    (1) by the motor vehicle dealer, or any employee of the 
motor vehicle dealer or by any member of the immediate family of 
the dealer or employee for either private or business 
purposes; or may be driven upon the streets and highways 
    (2) for demonstration purposes by any prospective buyer 
thereof for a period of 48 hours or in the case of a truck, 
truck-tractor, or semitrailer, for a period of seven days; or 
    (3) in a promotional event that lasts no longer than four 
days in which at least three motor vehicles are involved. 
    (b) A new or used motor vehicle sold by the motor vehicle 
dealer and bearing the motor vehicle dealer's number plate may 
be driven upon the public streets and highways for a period of 
72 hours by the buyer for either of the following purposes:  (1) 
Removing the vehicle from this state for registration in another 
state, or (2) permitting the buyer to use the motor vehicle 
before the buyer receives number plates pursuant to 
registration.  Use of a motor vehicle by the buyer under the 
provisions of clause (2) of the preceding sentence before the 
buyer receives number plates pursuant to registration 
constitutes a use of the public streets or highways for the 
purpose of the time requirements for registration of motor 
vehicles. 
    Sec. 4.  Minnesota Statutes 1986, section 168.36, 
subdivision 2, is amended to read: 
    Subd. 2.  [CERTAIN ACTS, MISDEMEANORS.] Any person who 
shall loan or use any number plate or registration certificate 
upon or in connection with any motor vehicle except the one for 
which the same was duly issued, or upon any such motor vehicle 
after such certificate or plates, or the right to use the same, 
have expired, or any person who shall retain in possession or 
shall fail to surrender, as herein provided, any such number 
plate or registration certificate shall be guilty of a 
misdemeanor.  Any person who manufactures, buys, sells, uses or 
displays motor vehicle license number plates, motor vehicle 
registration certificates, or tax receipts issued by this state 
or any other state, territory or district in the United States, 
without proper authority from such state, territory or district 
of the United States, shall be guilty of a misdemeanor, and,. 
upon conviction thereof, punished by a fine of not less than $25 
nor more than $100 or by confinement of not less than 15 nor 
more than 90 days or by both such fine and imprisonment. 
    Sec. 5.  Minnesota Statutes 1986, section 169.09, 
subdivision 13, is amended to read:  
    Subd. 13.  [ACCIDENT REPORTS CONFIDENTIAL.] All written 
reports and supplemental reports required under this section to 
be provided to the department of public safety shall be without 
prejudice to the individual so reporting and shall be for the 
confidential use of the department of public safety and other 
appropriate state, federal, county and municipal governmental 
agencies for accident analysis purposes, except that the 
department of public safety or any law enforcement department of 
any municipality or county in this state shall, upon written 
request of any person involved in an accident or upon written 
request of the representative of the person's estate, surviving 
spouse, or one or more surviving next of kin, or a trustee 
appointed pursuant to section 573.02, disclose to the requester, 
the requester's legal counsel or a representative of the 
requester's insurer any information contained therein except the 
parties' version of the accident as set out in the written 
report filed by the parties or may disclose identity of a person 
involved in an accident when the identity is not otherwise known 
or when the person denies presence at the accident.  No report 
shall be used as evidence in any trial, civil or criminal, 
arising out of an accident, except that the department of public 
safety shall furnish upon the demand of any person who has, or 
claims to have, made a report, or, upon demand of any court, a 
certificate showing that a specified accident report has or has 
not been made to the department of public safety solely to prove 
a compliance or a failure to comply with the requirements that 
the report be made to the department of public safety.  
Disclosing any information contained in any accident report, 
except as provided herein, is unlawful and a misdemeanor. 
    Nothing herein shall be construed to prevent any person who 
has made a report pursuant to this chapter from providing 
information to any persons involved in an accident or their 
representatives or from testifying in any trial, civil or 
criminal, arising out of an accident, as to facts within the 
person's knowledge.  It is intended by this subdivision to 
render privileged the reports required but it is not intended to 
prohibit proof of the facts to which the reports relate.  
Legally qualified newspaper publications and licensed radio and 
television stations shall upon request to a law enforcement 
agency be given an oral statement covering only the time and 
place of the accident, the names and, addresses, and dates of 
birth of the parties involved, and a general statement as to how 
the accident happened without attempting to fix liability upon 
anyone, but said legally qualified newspaper publications and 
licensed radio and television stations shall not be given access 
to the hereinbefore mentioned confidential reports, nor shall 
any such statements or information so orally given be used as 
evidence in any court proceeding, but shall merely be used for 
the purpose of a proper publication or broadcast of the news. 
    When these reports are released for accident analysis 
purposes the identity of any involved person shall not be 
revealed.  Data contained in these reports shall only be used 
for accident analysis purposes, except as otherwise provided by 
this subdivision.  Accident reports and data contained therein 
which may be in the possession or control of departments or 
agencies other than the department of public safety shall not be 
discoverable under any provision of law or rule of court. 
     Notwithstanding other provisions of this subdivision to the 
contrary, the commissioner of public safety shall give to the 
commissioner of transportation the name and address of a carrier 
subject to section 221.031 that is named in an accident report 
filed under subdivision 7 or 8.  The commissioner of 
transportation may not release the name and address to any 
person.  The commissioner shall use this information to enforce 
accident report requirements under chapter 221.  In addition the 
commissioner of public safety may give to the United States 
Department of Transportation commercial vehicle accident 
information in connection with federal grant programs relating 
to safety. 
    The department may charge authorized persons a $5 fee for a 
copy of an accident report.  
    Sec. 6.  Minnesota Statutes 1986, section 169.121, 
subdivision 7, is amended to read:  
    Subd. 7.  On behalf of the commissioner of public safety a 
court shall serve notice of revocation on a person convicted of 
a violation of this section unless the commissioner has already 
revoked the person's driving privileges or served the person 
with a notice of revocation for a violation of section 169.123 
arising out of the same incident.  The court shall take the 
license or permit of the driver, if any, or obtain a sworn 
affidavit stating that the license or permit cannot be produced, 
and send it to the commissioner with a record of the conviction 
and issue a temporary license effective only for the period 
during which an appeal from the conviction may be taken.  No 
person who is without driving privileges at the time shall be 
issued a temporary license and any temporary license issued 
shall bear the same restrictions and limitations as the driver's 
license or permit for which it is exchanged. 
    The commissioner shall issue additional temporary licenses 
until the final determination of whether there shall be a 
revocation under this section. 
    Sec. 7.  Minnesota Statutes 1986, section 169.123, 
subdivision 5c, is amended to read:  
    Subd. 5c.  [PETITION FOR JUDICIAL REVIEW.] Within 30 days 
following receipt of a notice and order of revocation pursuant 
to this section, a person may petition the court for review.  
The petition shall be filed with the court administrator of 
county or municipal court in the county where the alleged 
offense occurred, together with proof of service of a copy on 
the commissioner of public safety, and accompanied by the 
standard filing fee for civil actions.  No responsive pleading 
shall be required of the commissioner of public safety, and no 
court fees shall be charged for the appearance of the 
commissioner of public safety in the matter.  
    The petition shall be captioned in the name of the person 
making the petition as petitioner and the commissioner of public 
safety as respondent.  The petition must include the 
petitioner's date of birth, driver's license number, date of the 
offense, and a copy of the notice of revocation.  The petition 
shall state with specificity the grounds upon which the 
petitioner seeks rescission of the order of revocation or denial.
    The filing of the petition shall not stay the revocation or 
denial.  The reviewing court may order a stay of the balance of 
the revocation if the hearing has not been conducted within 60 
days after filing of the petition upon terms the court deems 
proper.  Judicial reviews shall be conducted according to the 
rules of civil procedure.  
    Sec. 8.  Minnesota Statutes 1986, section 169.124, 
subdivision 2, is amended to read:  
    Subd. 2.  The alcohol problem assessment shall be conducted 
under the direction of the court and by such persons or agencies 
as the court deems qualified to provide the alcohol problem 
assessment and assessment report as described in section 
169.126.  The alcohol problem assessment may be conducted by 
court services probation officers having the required knowledge 
and skills in the assessment of alcohol problems, by alcoholism 
counselors, by persons conducting court sponsored driver 
improvement clinics if in the judgment of the court such persons 
have the required knowledge and skills in the assessment of 
alcohol problems, by appropriate staff members of public or 
private alcohol treatment programs and agencies or mental health 
clinics, by court approved volunteer workers such as members of 
alcoholics anonymous, or by such other qualified persons as the 
court may direct.  The commissioner of public safety shall 
provide the courts with information and assistance in 
establishing alcohol problem assessment programs suited to the 
needs of the area served by each court.  The commissioner shall 
consult with the alcohol and other drug abuse section in the 
department of human services and with local community mental 
health boards in providing such information and assistance to 
the courts.  The commissioner of public safety shall promulgate 
rules and standards under chapter 14, consistent with this 
subdivision, for reimbursement under the provisions of 
subdivision 3.  The promulgation of such rules and standards 
shall not be subject to chapter 14. 
    Sec. 9.  Minnesota Statutes 1986, section 169.20, 
subdivision 5, is amended to read:  
    Subd. 5.  [EMERGENCY VEHICLE.] Upon the immediate approach 
of an authorized emergency vehicle equipped with at least one 
lighted lamp exhibiting red light visible under normal 
atmospheric conditions from a distance of 500 feet to the front 
of such vehicle and, except where otherwise not required by law, 
when the driver is giving audible signal by siren, the driver of 
each other vehicle shall yield the right-of-way and shall 
immediately drive to a position parallel to and as close as 
possible to the right-hand edge or curb of the highway clear of 
any intersection, and shall stop and remain in this position 
until the authorized emergency vehicle has passed, except when 
otherwise directed by a police officer.  The driver of another 
vehicle on a one-way roadway shall drive to the closest edge or 
curb and stop.  The driver of an authorized emergency vehicle 
escorting the movement of a vehicle or load which is oversize or 
overweight need not sound an audible signal by siren but shall 
exhibit the light required by this paragraph.  The driver of 
each other vehicle then shall yield the right-of-way, as 
required by this paragraph, to the emergency vehicle escorting 
the vehicle or load which is oversize or overweight. 
    Upon the approach of an authorized emergency vehicle the 
driver of each street car and the operator of each trackless 
trolley car shall immediately stop such car clear of any 
intersection and keep it in this position and keep the doors and 
gates of the street car or trackless trolley car closed until 
the authorized emergency vehicle has passed, except when 
otherwise directed by a police officer. 
    This subdivision shall not operate to relieve the driver of 
an authorized emergency vehicle from the duty to drive with due 
regard for the safety of persons using the highways. 
    Sec. 10.  Minnesota Statutes 1986, section 169.44, 
subdivision 2, is amended to read:  
    Subd. 2.  [LOADING AND UNLOADING PASSENGERS; USE OF 
SIGNALS.] (a) Drivers of a vehicle outwardly equipped and 
identified as a school bus shall actuate the prewarning flashing 
amber signals of the bus before stopping to load or unload a 
school child or children at least 300 feet when operating 
outside an incorporated municipality and at least 100 feet when 
operating within an incorporated municipality and, upon stopping 
for such purpose, such drivers shall extend the stop signal arm 
and actuate the flashing red signals and shall not retract the 
stop signal arm and extinguish the flashing red signals until 
loading or unloading is completed and persons who must cross the 
street or highway are safely across. 
    (b) School bus drivers shall not actuate the prewarning 
flashing amber signals or flashing red signals: 
    (1) in special school bus loading areas where the bus is 
entirely off the traveled portion of the road; 
    (2) in residence or business districts of cities except 
when directed by the local school administrator; 
    (3) when a school bus is being used on a highway for 
purposes other than the actual transportation of school children 
to or from school or a school approved activity, in which event 
the words "school bus" on the front and rear of the bus shall be 
removed or completely concealed; and 
    (4) at railroad grade crossings; and 
     (5) when loading and unloading persons while the bus is 
completely off the traveled portion of a separated, one-way 
roadway that has adequate shoulders.  The driver shall drive the 
bus completely off the traveled portion of a separated, one-way 
roadway with adequate shoulders before loading or unloading 
persons. 
    (c) Where school children must cross the road before 
boarding or after being discharged from the bus, the driver of a 
school bus or a school bus patrol may supervise such crossings 
making use of the standard school patrol flag or signal as 
approved and prescribed by the commissioner of public safety.  
When children are alighting from a school bus, the driver shall 
visually ascertain that alighting children shall be a safe 
distance from the bus before moving the bus. 
    (d) Vehicles not outwardly equipped and identified as 
school buses shall load or unload school children only from the 
right-hand side of the vehicle, except on a one-way street such 
vehicle shall load or unload school children only from the curb 
side of the vehicle. 
     Sec. 11.  Minnesota Statutes 1986, section 169.44, 
subdivision 16, is amended to read:  
    Subd. 16.  [OVERHEAD BOOK RACKS.] Types I and II school 
buses may be equipped with padded, permanent overhead book racks 
which do not hang over the center aisle of the bus.  The 
commissioner of education shall implement this subdivision by 
rule promulgated before July 1, 1985. 
    Sec. 12.  Minnesota Statutes 1986, section 169.44, 
subdivision 17, is amended to read:  
    Subd. 17.  ["MN" DESIGNATION IN BUS BODY SERIAL NUMBER.] 
School bus bodies manufactured after January 1, 1986 and used on 
streets and highways in this state must bear the designation 
"MN" in the bus body identification number.  The manufacturer of 
the school bus body certifies by the "MN" designation that the 
bus body has been manufactured to meet the minimum standards 
required of school bus bodies by law.  A school bus body 
manufactured before January 2, 1986, that does not bear a 
current inspection sticker on June July 1, 1985 1987, may not be 
used on streets and highways in the state after July 1, 1985 
1987, unless its manufacturer recertifies that the school bus 
body meets minimum standards required of school bus bodies by 
law.  The commissioner of education shall implement this 
subdivision by rule promulgated before July 1, 1985. 
     Sec. 13.  Minnesota Statutes 1986, section 169.57, is 
amended by adding a subdivision to read: 
    Subd. 4.  [ALTERATION OF STOP LAMP PROHIBITED.] On a 
vehicle that must be equipped with a single center high mounted 
stop lamp under federal motor vehicle safety standards, and on 
any other vehicle equipped with a similar stop lamp, a person 
may not alter the stop lamp by the addition of an overlay or 
other device, or install a replacement lens, if the alteration 
or installation alters or obscures any portion of the lamp or 
affects the intensity of light emitted. 
    Sec. 14.  Minnesota Statutes 1986, section 171.06, 
subdivision 2, is amended to read:  
    Subd. 2.  [FEES.] (a) The fees for a license and Minnesota 
identification card are as follows: 
    Classified Driver License C-$10 B-$15
                              A-$20
    Classified Provisional D.L. C-$6 B-$10 A-$10
    Instruction Permit                        $4
    Duplicate Driver or Provisional License   $3
    Minnesota identification card, except
    as otherwise provided in section 171.07,
    subdivisions 3 and 3a                     $6
     Sec. 15.  Minnesota Statutes 1986, section 299A.02, 
subdivision 3, is amended to read:  
    Subd. 3.  [REPORTS; RULES.] The commissioner shall have 
power to require periodic factual reports from all licensed 
importers, manufacturers, wholesalers and retailers of 
intoxicating liquors and to make all reasonable rules to effect 
the object of Laws 1985, chapter 305, articles 2 to 11.  The 
rules shall include provisions for assuring the purity of 
intoxicating liquors and the true statement of its contents and 
proper labeling thereof with regard to all forms of sale.  No 
rule may require the use of new containers in aging whiskey.  No 
rule may require cordials or liqueurs to contain in excess of 
two and one-half percent by weight of sugar or dextrose or both. 
    Sec. 16.  Minnesota Statutes 1986, section 299A.11, is 
amended to read:  
    299A.11 [VEHICLES TRANSPORTING WHEELCHAIR USERS; 
DEFINITIONS.] 
    The following terms have the definitions given them for the 
purposes of sections 299A.11 to 299A.18: 
    (a) "Wheelchair securement device" or "securement device" 
means an apparatus installed in a motor vehicle for the purpose 
of securing an occupied wheelchair into a location in the 
vehicle and preventing movement of that wheelchair while the 
vehicle is in motion. 
    (b) "Operator" means any person, firm, partnership, 
corporation, service club, public or private agency, city, town 
or county.  The provisions of Laws 1978, chapter 752, 
shall Section 299A.15 does not apply to any school bus as 
defined in section 169.01, subdivision 6, which is subject to 
regular school bus inspections pursuant to section 169.451. 
    (c) "Transportation service" means the transportation by 
motor vehicle, other than a school bus manufactured before 
January 1, 1988, of any sick, injured, invalid, incapacitated, 
or handicapped individual while occupying a wheelchair, which 
transportation is offered or provided by any operator to the 
public or to its employees or in connection with any other 
service offered by the operator including schooling or nursing 
home, convalescent or child care services. 
    Approved June 2, 1987