Minnesota Session Laws - 1989, Regular Session

  

                         Laws of Minnesota 1989 

                        CHAPTER 323-S.F.No. 659 
           An act relating to motor vehicles; increasing and 
          allocating fees and motor vehicle excise tax for 
          dealer plates and in transit plates; restricting use 
          of dealer plates; amending Minnesota Statutes 1988, 
          sections 168.053, subdivision 1; and 168.27, 
          subdivisions 16, 17, and 22. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  Minnesota Statutes 1988, section 168.053, 
subdivision 1, is amended to read: 
    Subdivision 1.  Any person, firm, or corporation engaged in 
the business of transporting motor vehicles owned by another, by 
delivering, by drive-away or towing methods, either singly or by 
means of the full mount method, the saddle mount method, the tow 
bar method, or any other combination thereof, and under their 
own power, vehicles over the highways of the state from the 
manufacturer or any other point of origin, to any point of 
destination, within or without the state, shall make application 
to the registrar for a drive-away in transit license.  This 
application for annual license shall be accompanied by a 
registration fee of $250 and contain such information as the 
registrar may require.  Upon the filing of the application and 
the payment of the fee, the registrar shall issue to each 
drive-away operator a general distinguishing number, which 
number must be carried and displayed on the power unit 
consistent with section 169.79 and such number shall remain on 
the vehicle while being operated within the state.  Additional 
plates bearing the same distinguishing number desired by any 
drive-away operator may be secured from the registrar of motor 
vehicles upon the payment of a fee of $2 $5 for each set of 
additional license plates.  Any person, firm, or corporation 
engaging in the business as a drive-away operator, of 
transporting and delivering by means of full mount method, the 
saddle mount method, the tow bar method, or any combination 
thereof, and under their own power, motor vehicles, who fails or 
refuses to file or cause to be filed an application, as is 
required by law, and to pay the fees therefor as the law 
requires, shall be found guilty of violating the provisions of 
sections 168.053 to 168.057; and, upon conviction, fined not 
less than $50, and not more than $100, and all costs of court.  
Each day so operating without securing the license and plates as 
required therein shall constitute a separate offense within the 
meaning thereof. 
    Sec. 2.  Minnesota Statutes 1988, 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 
subdivision 2 or 3, one or more plates displaying a general 
distinguishing number upon the payment of $10 to the registrar.  
This subdivision does not apply to a scrap metal processor, a 
used vehicle parts dealer, or a vehicle salvage pool.  In 
addition The fee for each of the first four plates is $75, of 
which $60 must be paid to the registrar and the remaining $15 is 
payable as motor vehicle excise tax under section 297B.035.  For 
each additional plate, the dealer shall pay the registrar a fee 
of $25 and 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 dealer's spouse, or 
any full-time 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; 
    (2) by a part-time employee when the use is directly 
related to a particular business transaction of the dealer; 
    (3) 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) (4) 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. 3.  Minnesota Statutes 1988, section 168.27, 
subdivision 17, is amended to read: 
    Subd. 17.  [APPLICATION.] Every licensed dealer in motor 
vehicles may make application upon a blank provided by the 
registrar for that purpose for a general distinguishing number 
for use upon all new or used motor vehicles being transported 
from the dealer's source of supply, or other place of storage, 
to the dealer's place of business, or to another place of 
storage, or from one dealer to another.  A general 
distinguishing number shall be assigned by the registrar to the 
dealer for that purpose, and the registrar shall then issue to 
the dealer the number of plates as the dealer may request, upon 
the payment by the dealer to the registrar of the sum of $2 $5 
per plate.  The plates shall be known as "in transit" plates.  
The registrar may issue "in transit" plates, upon the payment of 
the sum of $2 $5 to the registrar, to dealers duly licensed in 
other states or provinces upon information furnished in the 
manner as the registrar may prescribe, and which satisfies the 
registrar that persons or companies applying therefor are duly 
licensed dealers under the laws of the states or provinces. 
    Sec. 4.  Minnesota Statutes 1988, section 168.27, 
subdivision 22, is amended to read: 
    Subd. 22.  [MOTORIZED BICYCLES, BOAT AND SNOWMOBILE 
TRAILERS.] Any person, copartnership or corporation having a 
permanent enclosed commercial building or structure either owned 
in fee or leased and engaged in the business, either exclusively 
or in addition to any other occupation, of selling motorized 
bicycles, boat trailers, horse trailers or snowmobile trailers, 
may apply to the registrar for a dealer's license.  Upon payment 
of a $10 fee the registrar shall license the applicant as a 
dealer for the remainder of the calendar year in which the 
application was received.  Thereafter the license may be renewed 
on or before the second day of January of each year by payment 
of a fee of $10.  The registrar shall issue to each dealer, upon 
request of the dealer, dealer plates as provided in subdivision 
16 upon payment of $3 $5 for each plate, and the plates may be 
used in the same manner and for the same purposes as is provided 
in subdivision 16.  Except for motorized bicycle dealers, the 
registrar shall also issue to the dealer, upon request of the 
dealer, "in transit" plates as provided in subdivision 17 upon 
payment of a fee of $2 $5 for each plate.  This subdivision 
shall not be construed to abrogate any of the provisions of this 
section as the same relates to the duties, responsibilities and 
requirements of persons, copartnerships or corporations engaged 
in the business, either exclusively or in addition to other 
occupations, of selling motor vehicles or manufactured homes. 
    Presented to the governor May 30, 1989 
    Signed by the governor June 1, 1989, 11:47 p.m.