Minnesota Session Laws - 1989, Regular Session

  

                         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.