Office of the Revisor of Statutes
Minnesota Session Laws - 1989, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1989
CHAPTER 331-H.F.No. 333
An act relating to recreational vehicles; regulating
all-terrain vehicles, snowmobiles, and motorized
bicycles; setting fees; revising liability provisions
regarding county administered lands, recreational
areas and the Minnesota zoological garden; requiring
evaluation and recommendations to the legislature
concerning family use of all-terrain vehicles;
imposing a penalty; amending Minnesota Statutes 1988,
sections 3.736, subdivision 3; 84.87, subdivision 1;
84.92, subdivision 1, and by adding subdivisions;
84.922, subdivisions 1 and 5, and by adding
subdivisions; 84.924, subdivision 3; 84.9256,
subdivisions 1, 2, and 3; 84.928, subdivisions 1, 2,
and 6; 84.929; 169.02, subdivision 1; 169.223; 171.03;
and 466.03, by adding a subdivision; repealing
Minnesota Statutes 1988, sections 84.922, subdivision
8; 84.925, subdivision 2; and 84.928, subdivision 7.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1988, section 3.736,
subdivision 3, is amended to read:
Subd. 3. [EXCLUSIONS.] Without intent to preclude the
courts from finding additional cases where the state and its
employees should not, in equity and good conscience, pay
compensation for personal injuries or property losses, the
legislature declares that the state and its employees are not
liable for the following losses:
(a) a loss caused by an act or omission of a state employee
exercising due care in the execution of a valid or invalid
statute or rule;
(b) a loss caused by the performance or failure to perform
a discretionary duty, whether or not the discretion is abused;
(c) a loss in connection with the assessment and collection
of taxes;
(d) a loss caused by snow or ice conditions on a highway or
public sidewalk that does not abut a publicly owned building or
a publicly owned parking lot, except when the condition is
affirmatively caused by the negligent acts of a state employee;
(e) a loss caused by wild animals in their natural state,
except as provided in section 3.7371;
(f) a loss other than injury to or loss of property or
personal injury or death;
(g) a loss caused by the condition of unimproved real
property owned by the state, which means land that the state has
not improved, state land that contains idled or abandoned mine
pits or shafts, and appurtenances, fixtures, and attachments to
land that the state has neither affixed nor improved;
(h) a loss incurred by a user within the boundaries of the
outdoor recreation system and arising from the construction,
operation, or maintenance of the outdoor recreation system, as
defined in section 86A.04, or from the clearing of land, removal
of refuse, and creation of trails or paths without artificial
surfaces or for a loss arising from the construction, operation,
maintenance, or administration of grants-in-aid trails as
defined in section 85.018, or for a loss arising from the
construction, operation, or maintenance of a water access site
created by the iron range resources and rehabilitation board,
except that the state is liable for conduct that would entitle a
trespasser to damages against a private person. For the
purposes of this clause, a water access site, as defined in
section 86A.04 or created by the iron range resources and
rehabilitation board, that provides access to an idled, water
filled mine pit, also includes the entire water filled area of
the pit and, further, includes losses caused by the caving or
slumping of the mine pit walls;
(i) a loss of benefits or compensation due under a program
of public assistance or public welfare, except if state
compensation for loss is expressly required by federal law in
order for the state to receive federal grants-in-aid;
(j) a loss based on the failure of a person to meet the
standards needed for a license, permit, or other authorization
issued by the state or its agents;
(k) a loss based on the usual care and treatment, or lack
of care and treatment, of a person at a state hospital or state
corrections facility where reasonable use of available
appropriations has been made to provide care;
(l) loss, damage, or destruction of property of a patient
or inmate of a state institution;
(m) a loss for which recovery is prohibited by section
169.121, subdivision 9; and
(n) a loss caused by an aeration, bubbler, water
circulation, or similar system used to increase dissolved oxygen
or maintain open water on the ice of public waters, that is
operated under a permit issued by the commissioner of natural
resources.; and
(o) a loss incurred by a visitor to the Minnesota
zoological garden, except that the state is liable for conduct
that would entitle a trespasser to damages against a private
person.
The state will not pay punitive damages.
Sec. 2. Minnesota Statutes 1988, section 84.87,
subdivision 1, is amended to read:
Subdivision 1. [OPERATION ON STREETS AND HIGHWAYS.] (a) No
person shall operate a snowmobile upon the roadway, shoulder, or
inside bank or slope of any 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 84.81 to 84.90. No
person shall operate a snowmobile within the right-of-way of any
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 such right-of-way and in the
same direction as the highway traffic on the nearest lane of the
roadway adjacent thereto. No snowmobile shall be operated at
any time within the right-of-way of any interstate highway or
freeway within this state.
(b) A snowmobile may make a direct crossing of a street or
highway at any hour of the day 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; and
(2) The snowmobile is brought to a complete stop before
crossing the shoulder or main traveled way of the highway; and
(3) The driver yields the right-of-way to all oncoming
traffic which constitutes an immediate hazard; and
(4) In crossing a divided highway, the crossing is made
only at an intersection of such 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; and
(6) A snowmobile 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 snowmobile 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.
(c) No snowmobile shall be operated upon a public street or
highway unless it is equipped with at least one headlamp, one
tail lamp, each of minimum candlepower as prescribed by rules of
the commissioner, reflector material of a minimum area of 16
square inches mounted on each side forward of the handle bars,
and with brakes each of which shall conform to standards
prescribed by rule of the commissioner pursuant to the authority
vested in the commissioner by section 84.86, and each of which
shall be subject to approval of the commissioner of public
safety.
(d) A snowmobile may be operated upon a public street or
highway other than as provided by clause (b) in an emergency
during the period of time when and at locations where snow upon
the roadway renders travel by automobile impractical.
(e) All provisions of chapter 169 shall apply to the
operation of snowmobiles upon streets and highways, except for
those relating to required equipment, and except those which by
their nature have no application. Section 169.09 applies to the
operation of snowmobiles anywhere in the state or on the ice of
any boundary water of the state.
(f) Any sled, trailer, or other device being towed by a
snowmobile must be equipped with reflective materials as
required by rule of the commissioner.
Sec. 3. Minnesota Statutes 1988, section 84.92,
subdivision 1, is amended to read:
Subdivision 1. [SCOPE.] The definitions in this section
apply to sections 84.92 to 84.929 and Laws 1984, chapter 647,
section 9 84.9291.
Sec. 4. Minnesota Statutes 1988, section 84.92, is amended
by adding a subdivision to read:
Subd. 1b. [ACCOMPANIED.] "Accompanied" means being subject
to continuous direction or control.
Sec. 5. Minnesota Statutes 1988, section 84.92, is amended
by adding a subdivision to read:
Subd. 1c. [AGRICULTURAL PURPOSE.] "Agricultural purpose"
means used exclusively for an agricultural use as defined in
subdivision 1d.
Sec. 6. Minnesota Statutes 1988, section 84.92, is amended
by adding a subdivision to read:
Subd. 1d. [AGRICULTURAL USE.] "Agricultural use" means use
in agriculturally related activities or harvesting of wood for
commercial or firewood purposes by any person.
Sec. 7. Minnesota Statutes 1988, section 84.92, is amended
by adding a subdivision to read:
Subd. 1e. [CITY.] "City" means a home rule charter or
statutory city.
Sec. 8. Minnesota Statutes 1988, section 84.92, is amended
by adding a subdivision to read:
Subd. 6a. [PUBLIC ROAD RIGHT-OF-WAY.] "Public road
right-of-way" means the entire right-of-way of a public road,
including the traveled portions, banks, ditches, shoulders, and
medians of a roadway that is not privately owned.
Sec. 9. Minnesota Statutes 1988, section 84.922,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL REQUIREMENTS.] Unless exempted in
subdivision 8 1a, after January 1, 1985, a person may not
operate and an owner may not give permission for another to
operate 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 with the
commissioner of natural resources, or is exempt from
registration.
Sec. 10. Minnesota Statutes 1988, section 84.922, is
amended by adding a subdivision to read:
Subd. 1a. [EXEMPTIONS.] All-terrain vehicles exempt from
registration are:
(1) vehicles owned and used by the United States, the
state, another state, or a political subdivision;
(2) vehicles registered in another state or country that
have not been in this state for more than 30 consecutive days;
and
(3) vehicles used exclusively in organized track racing
events.
Sec. 11. Minnesota Statutes 1988, section 84.922, is
amended by adding a subdivision to read:
Subd. 2a. [PRIVATE USE REGISTRATION.] All-terrain vehicles
may be registered for private use that are used exclusively for
private or agricultural use or used exclusively on private
property. Private use registration is valid from the date of
issuance until ownership of the all-terrain vehicle is
transferred. Private or agricultural use registrations are not
transferable.
Sec. 12. Minnesota Statutes 1988, section 84.922,
subdivision 5, is amended to read:
Subd. 5. [FEES FOR REGISTRATION.] (a) The fee for a
three-year registration of each an all-terrain vehicle under
this section, other than those registered by a dealer or
manufacturer under paragraph (b) or (c), is:
(1) for public use, $18 for three years;
(2) for private use, $6; and $4
(3) for a duplicate or transfer, $4.
(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 must be
credited to the all-terrain vehicle account.
Sec. 13. Minnesota Statutes 1988, section 84.924,
subdivision 3, is amended to read:
Subd. 3. [ACCIDENT REPORT; REQUIREMENT AND FORM.] The
operator and an officer investigating an accident 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 $300 or more shall
promptly within ten days forward a written report of the
accident to the commissioner of natural resources on a form
prescribed by either the commissioner of natural resources or by
the commissioner of public safety.
Sec. 14. Minnesota Statutes 1988, section 84.9256,
subdivision 1, is amended to read:
Subdivision 1. [PROHIBITIONS ON YOUTHFUL OPERATORS.]
(a) Despite section 84.928 to the contrary, Except for operation
on public road rights-of-way that is permitted under section
84.928, a driver's license issued by the state or another state
is required to operate an all-terrain vehicle along or on a
public road right-of-way.
(b) A person under 12 years of age shall not:
(1) 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 a public road right-of-way;
(2) operate an all-terrain vehicle on a public road
right-of-way in the state; or
(3) operate an all-terrain vehicle on public lands or
waters.
(b) (c) Except for public road rights-of-way of interstate
highways, a person 12 years of age but less than 14 16 years may
make a direct crossing of a public road right-of-way of a trunk,
county state-aid, or county highway or operate on public lands
and waters, only if that person possesses a valid all-terrain
vehicle safety certificate issued by the commissioner and is
accompanied on another all-terrain vehicle by a person over 18
years of age or holding older who holds 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.
(d) All-terrain vehicle safety certificates issued by the
commissioner to persons 12 years old, but less than 16 years
old, are not valid for machines in excess of 90cc engine
capacity.
Sec. 15. Minnesota Statutes 1988, section 84.9256,
subdivision 2, is amended to read:
Subd. 2. [HELMET REQUIRED.] A person less than 16 18 years
of age shall not operate an all-terrain vehicle on public land,
public waters, or on a public road right-of-way unless wearing a
safety helmet approved by the commissioner of public safety.
Sec. 16. Minnesota Statutes 1988, section 84.9256,
subdivision 3, is amended to read:
Subd. 3. [PROHIBITIONS ON OWNER.] It is unlawful for
the An owner of an all-terrain vehicle to permit may not
knowingly allow it to be operated contrary to this section.
Sec. 17. Minnesota Statutes 1988, section 84.928,
subdivision 1, is amended to read:
Subdivision 1. [OPERATION ON STREETS AND HIGHWAYS ROADS
AND RIGHTS-OF-WAY.] (a) A person shall not operate an
all-terrain vehicle upon along or on the roadway, shoulder, or
inside bank or slope of a public road right-of-way other than in
the ditch or the outside 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 unless otherwise
allowed in sections 84.92 to 84.929.
(b) A person may operate an all-terrain vehicle registered
for private use and used for agricultural purposes on a public
road right-of-way of a trunk, county state-aid, or county
highway in this state, if the all-terrain vehicle is operated on
the extreme right-hand side of the road, and left turns may be
made from any part of the road if it is safe to do so under the
prevailing conditions.
(c) A person shall not operate an all-terrain vehicle
within the public road 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 transportation to and from work on agricultural lands.
(d) A person shall not operate an all-terrain vehicle
within the public road 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.
(e) 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.
Subd. 1a. [CROSSINGS OF A PUBLIC ROAD RIGHT OF
WAY.] (b) (a) An all-terrain vehicle may make a direct crossing
of a street or highway public road right-of-way provided:
(1) the crossing is made at an angle of approximately 90
degrees to the direction of the highway road 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 road;
(3) the driver yields the right-of-way to all oncoming
traffic that constitutes an immediate hazard;
(4) in crossing a divided highway road, the crossing is
made only at an intersection of the highway road with another
public street or highway road; 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) (b) 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, or roadway shoulder or inside
bank of a public road right-of-way 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 or obstacle, and
the crossing is made without undue delay.
(d) (c) 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) (d) An all-terrain vehicle may be operated upon a
public street or highway road right-of-way 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) (e) 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) (f) 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.
(g) A driver's license is not required to operate an
all-terrain vehicle along or on a public road right-of-way, if
the right-of-way encompasses a trail administered by the
commissioner and designated for all-terrain vehicle use or
multiple use.
(h) A road authority as defined in section 160.02,
subdivision 9, may by permit designate corridor access trails on
public road rights-of-way for purposes of accessing established
all-terrain vehicle trails. A driver's license is not required
to operate an all-terrain vehicle on a designated corridor
access trail.
Sec. 18. Minnesota Statutes 1988, section 84.928,
subdivision 2, is amended to read:
Subd. 2. [OPERATION GENERALLY.] It is unlawful for A
person to may not 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 that
damages or destroys growing stock;
(6) without a brake operational by either hand or foot;
(7) with more persons on the vehicle than it was designed
for;
(8) at a speed exceeding ten miles per hour on the frozen
surface of public waters within 100 feet of a person not on an
all-terrain vehicle or within 100 feet of a fishing shelter; or
(9) in a manner that violates operation rules adopted by
the commissioner.
Sec. 19. Minnesota Statutes 1988, section 84.928,
subdivision 6, is amended to read:
Subd. 6. [REGULATIONS BY POLITICAL SUBDIVISIONS.] Despite
any provision in this section (a) Notwithstanding any law 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 city or town, acting through its governing
body, may by resolution or ordinance prohibit the operation of
all-terrain vehicles on city streets or town roads in its
jurisdiction provided the regulations are otherwise consistent
with sections 84.92 to 84.929.
(b) 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 other than public road rights-of-way within
its boundaries, by resolution or ordinance of the governing body
and by giving appropriate notice, provided:
(1) the regulations are must be consistent with sections
84.92 to 84.929 and rules adopted under section 84.924.
However, the local governmental unit may not adopt;
(2) an ordinance which (1) imposes may not impose 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 a city, or (2) requires; and
(3) an ordinance may not require an all-terrain vehicle
operator to possess a motor vehicle driver's license while
operating an all-terrain vehicle.
(c) Notwithstanding any law to the contrary, a county board
by ordinance may allow the operation of all-terrain vehicles on
the road right-of-way shoulder, or inside bank or slope of a
county highway or county state-aid highway, if:
(1) the highway is in the agricultural zone; or
(2) safe operation in the ditch or outside slope is
impossible, and the county posts the appropriate notice.
Sec. 20. Minnesota Statutes 1988, section 84.929, is
amended to read:
84.929 [PENALTIES.]
Any person who violates any provision of sections 84.922,
84.923, and 84.925 84.92 to 84.928 or rules of the commissioner
is guilty of a petty misdemeanor.
Sec. 21. Minnesota Statutes 1988, section 169.02,
subdivision 1, is amended to read:
Subdivision 1. The provisions of this chapter relating to
the operation of vehicles refer exclusively to the operation of
vehicles upon highways, and upon highways, streets, private
roads, and roadways situated on property owned, leased, or
occupied by the regents of the University of Minnesota, or the
University of Minnesota, except:
(1) where a different place is specifically referred to in
a given section;
(2) the provisions of sections 169.09 to 169.13 apply to
any person who drives, operates, or is in physical control of a
motor vehicle within this state or upon the ice of any boundary
water of this state, and to any person who drives, operates, or
is in physical control of a snowmobile on a snowmobile trail
within this state.
Sec. 22. Minnesota Statutes 1988, section 169.223, is
amended to read:
169.223 [MOTORIZED BICYCLES.]
Subdivision 1. Except as otherwise provided in this
section, section 169.974 relating to motorcycles is applicable
to motorized bicycles, except that:
(1) protective headgear includes headgear that meets the
American National Standard for Protective Headgear for
Bicyclists, ANSI Z90.4-1984, approved by the American National
Standards Institute, Inc.;
(2) a motorized bicycle equipped with a headlight and
taillight meeting the requirements of lighting for motorcycles,
may be operated during nighttime hours;
(3) protective headgear is not required for operators 18
years of age or older; and
(4) the provisions of section 169.222 governing the parking
of bicycles apply to motorized bicycles.
Subd. 2. Motorized bicycles shall not be operated on any
bicycle way or bicycle lane, as those terms are defined in
section 160.263. A motorized bicycle may be operated under
either a driver's license or a motorized bicycle permit issued
under section 171.02, subdivision 3. A person under the age of
16 operating a motorized bicycle under a motorized bicycle
permit is subject to the restrictions imposed by section
169.974, subdivision 2, on operation of a motorcycle under a
two-wheel instruction permit, except that:
(1) a parent or guardian of an operator under the age of 16
may also ride on the motorized bicycle as a passenger or
operator, if the motorized bicycle is equipped with a seat and
foot rests for a second passenger;
(2) a motorized bicycle equipped with a headlight and
taillight meeting the requirements of lighting for motorcycles,
may be operated during nighttime hours;
(3) protective headgear includes headgear described in
subdivision 1; and
(4) protective headgear is required only until the operator
reaches the age of 18 years.
Subd. 3. No person shall operate a motorized bicycle upon
a sidewalk at any time, except when such operation is necessary
for the most direct access to a roadway from a driveway, alley
or building. No person shall operate a motorized bicycle that
is carrying any person other than the operator, except as
allowed under subdivision 2.
Subd. 4. The provisions of section 169.974, subdivision 5,
clause (i), apply to motorized bicycles that are equipped with
headlights. After June 1, 1987, a new motorized bicycle sold or
offered for sale in Minnesota must be equipped with a headlight.
Subd. 5. When operated within a statutory or home rule
charter city, a motorized bicycle is entitled to the full use of
a traffic lane. No motor vehicle shall be driven or operated in
a way that deprives a motorized bicycle of the full use of a
traffic lane. When operated on a highway that is not within a
statutory or home rule charter city, a motorized bicycle shall
be operated on the paved portion of the shoulder, or, if the
shoulder is not paved, as near as is practicable to the
right-hand side of the roadway. (a) A person operating a
motorized bicycle on a roadway shall ride as close as
practicable to the right-hand curb or edge of the roadway except
in one of the following situations:
(1) when overtaking and passing another vehicle proceeding
in the same direction;
(2) when preparing for a left turn at an intersection or
into a private road or driveway; or
(3) when reasonably necessary to avoid conditions,
including fixed or moving objects, vehicles, pedestrians,
animals, surface hazards, or narrow width lanes, that make it
unsafe to continue along the right-hand curb or edge.
(b) Persons operating motorized bicycles on a roadway may
not ride more than two abreast and may not impede the normal and
reasonable movement of traffic. On a laned roadway, a person
operating a motorized bicycle shall ride within a single lane.
(c) This section does not permit the operation of a
motorized bicycle on a bikeway or other bicycle path or bicycle
lane that is reserved for the exclusive use of nonmotorized
traffic.
Sec. 23. Minnesota Statutes 1988, section 171.03, is
amended to read:
171.03 [PERSONS EXEMPT.]
The following persons are exempt from license hereunder:
(1) Any person in the employ or service of the United
States federal government while driving or operating a motor
vehicle owned by or leased to the United States federal
government;
(2) Any person while driving or operating any farm tractor,
or implement of husbandry temporarily operated or moved on a
highway, and for purposes of this section an all-terrain
vehicle, as defined in section 84.92, subdivision 8, is not an
implement of husbandry;
(3) A nonresident who is at least 15 years of age and who
has in immediate possession a valid driver's license issued to
the nonresident in the home state or country may operate a motor
vehicle in this state only as a driver;
(4) Any nonresident who is at least 18 years of age, whose
home state or country does not require the licensing of drivers
may operate a motor vehicle as a driver, only for a period of
not more than 90 days in any calendar year if the motor vehicle
so operated is duly registered for the current calendar year in
the home state or country of such nonresident;
(5) Any person who becomes a resident of the state of
Minnesota and who has in possession a valid driver's license
issued to the person under and pursuant to the laws of some
other state or province or by military authorities of the United
States may operate a motor vehicle as a driver, only for a
period of not more than 60 days after becoming a resident of
this state without being required to have a Minnesota driver's
license as provided in this chapter;
(6) Any person operating a snowmobile, as defined in
section 84.81.
Sec. 24. Minnesota Statutes 1988, section 466.03, is
amended by adding a subdivision to read:
Subd. 16. Any claim against a county, arising from the
operation of an all-terrain vehicle on land administered by a
county under chapter 280, 281, or 282 except that the county is
liable for conduct that would entitle a trespasser to damages
against a private person.
Sec. 25. [EVALUATION OF FAMILY USE.]
The commissioner of natural resources shall evaluate family
all-terrain vehicle use, including all-terrain vehicle use by
persons under 12 years of age on public lands or waters.
Recommendations concerning the use of all-terrain vehicles by
persons under 12 years of age must be made by the commissioner
to the natural resources committees of the house and senate by
January 1, 1990. The recommendations may include any additional
restrictions that the commissioner deems necessary to ensure the
safety of all-terrain vehicle operators under 12 years of age.
Before making any recommendations, the commissioner must solicit
and consider public comments and hold any necessary public
meetings.
Sec. 26. [REPEALER.]
Minnesota Statutes 1988, sections 84.922, subdivision 8;
84.925, subdivision 2; and 84.928, subdivision 7 are repealed.
Presented to the governor May 26, 1989
Signed by the governor May 26, 1989, 6:05 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes