Minnesota Session Laws - 1988, Regular Session

  

                         Laws of Minnesota 1988 

                        CHAPTER 487-H.F.No. 2086 
           An act relating to motor vehicles; removing language 
          regarding restricted gasoline fill pipes; amending 
          Minnesota Statutes 1986, section 325E.0951. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 325E.0951, is 
amended to read:  
    325E.0951 [MOTOR VEHICLE AIR POLLUTION CONTROL SYSTEMS; 
RESTRICTED FILL PIPES.] 
    Subdivision 1.  [DEFINITIONS.] The definitions in this 
subdivision apply to this section. 
    (a) [MOTOR VEHICLE.] "Motor vehicle" means a any 
self-propelled vehicle manufactured after 1978 on which a 
pollution control system or a restricted gasoline fill pipe is 
required by state or federal law powered by an internal 
combustion engine and designed for use on the public highways, 
such as automobiles, trucks, and buses. 
    (b) [PERSON.] "Person" means an individual, firm, 
partnership, incorporated and unincorporated association, or any 
other legal or commercial entity. 
    (c) [AIR POLLUTION CONTROL SYSTEM.] "Air pollution control 
system" means any device or element of design installed on or in 
a motor vehicle or motor vehicle engine in order to comply with 
pollutant emission restrictions established for the motor 
vehicle or motor vehicle engine by federal statute or regulation.
    Subd. 2.  [PROHIBITED ACTS.] (a) A person may not knowingly 
tamper with, adjust, alter, change, or disconnect a any air 
pollution control system or a restricted gasoline fill pipe on a 
motor vehicle or on a motor vehicle engine. 
    (b) A person may not manufacture, advertise, offer for 
sale, sell, use, or install a device that causes the any air 
pollution control system or the restricted gasoline fill pipe to 
be nonfunctional not to be functional as designed. 
    (c) A person may not sell or offer for sale transfer a 
motor vehicle with knowledge that the any air pollution control 
system or restricted gasoline fill pipe is nonfunctional is 
either not in place or is not functional. 
    Subd. 3.  [REPAIRS.] This section does not prevent the 
service, repair, or replacement of the any air pollution control 
system or restricted gasoline fill pipe for a motor vehicle if 
the pollution control system or restricted gasoline fill pipe 
remains functional. 
    Subd. 4.  [PENALTY.] A person who violates this section is 
guilty of a misdemeanor. 
    Subd. 5.  [RULES SUPERSEDED.] This section supersedes 
Minnesota Rules, part 7005.1190, to the extent the rule is 
inconsistent with this section. 
     Subd. 6.  [DISCLOSURE.] No person may transfer a motor 
vehicle without certifying in writing to the transferee that to 
the best of the person's knowledge, the air pollution control 
systems, including the restricted gasoline fill pipe, have not 
been removed, altered, or rendered inoperative.  The registrar 
of motor vehicles shall prescribe the manner and form in which 
this written disclosure must be made.  No transferor may 
knowingly give a false statement to a transferee in making a 
disclosure required by this subdivision. 
      Subd. 7.  [NONAPPLICATION.] This section does not apply to 
a sale or transfer of a motor vehicle for the purpose of 
scrapping, dismantling, or destroying it. 
    Approved April 12, 1988