Minnesota Session Laws - 1990, Regular Session

  

                         Laws of Minnesota 1990 

                        CHAPTER 497-S.F.No. 838 
           An act relating to motor vehicles; providing for 
          special license plates for disabled persons; setting 
          fee for duplicate personalized license plates; 
          amending Minnesota Statutes 1988, sections 168.012, 
          subdivision 3a; 168.021, as amended; 168.12, 
          subdivision 2a; 168.125, subdivision 2; 168.27, 
          subdivision 2; 168.29; 169.01, subdivision 24a; 
          169.215; and 169.346; Minnesota Statutes 1989 
          Supplement, sections 168.011, subdivision 4; 168.012, 
          subdivision 1; and 169.345; repealing Minnesota 
          Statutes 1988, section 168.12, subdivisions 3 and 4. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  Minnesota Statutes 1989 Supplement, section 
168.011, subdivision 4, is amended to read: 
    Subd. 4.  [MOTOR VEHICLE.] (a) "Motor vehicle" means any 
self-propelled vehicle not operated exclusively upon railroad 
tracks and any vehicle propelled or drawn by a self-propelled 
vehicle and includes vehicles known as trackless trolleys which 
are propelled by electric power obtained from overhead trolley 
wires but not operated upon rails, except snowmobiles, 
manufactured homes, and park trailers.  
    (b) "Motor vehicle" also includes an all-terrain vehicle, 
as defined in section 84.92, subdivision 8, which (1) has at 
least four wheels, (2) is owned and operated by a physically 
handicapped disabled person, and (3) displays both physically 
handicapped disabled license plates and a physically handicapped 
disabled certificate issued under section 169.345, subdivision 3.
    (c) Motor vehicle does not include an all-terrain vehicle 
as defined in section 84.92, subdivision 8; except (1) an 
all-terrain vehicle described in paragraph (b), or (2) an 
all-terrain vehicle licensed as a motor vehicle before August 1, 
1985, in which case the owner may continue to license it as a 
motor vehicle until it is conveyed or otherwise transferred to 
another owner, is destroyed, or fails to comply with the 
registration and licensing requirements of this chapter. 
    Sec. 2.  Minnesota Statutes 1989 Supplement, section 
168.012, subdivision 1, is amended to read: 
    Subdivision 1.  (a) The following vehicles are exempt from 
the provisions of this chapter requiring payment of tax and 
registration fees, except as provided in subdivision 1c:  
    (1) vehicles owned and used solely in the transaction of 
official business by representatives of foreign powers, by the 
federal government, the state, or any political subdivision; 
    (2) vehicles owned and used exclusively by educational 
institutions and used solely in the transportation of pupils to 
and from such institutions; 
    (3) vehicles owned by nonprofit charities and used 
exclusively to transport handicapped disabled persons for 
educational purposes; 
    (4) vehicles owned and used by honorary consul or consul 
general of foreign governments. 
    (b) Vehicles owned by the federal government, municipal 
fire apparatus, police patrols and ambulances, the general 
appearance of which is unmistakable, shall not be required to 
register or display number plates.  
    (c) Unmarked vehicles used in general police work and arson 
investigations, and passenger automobiles, pickup trucks, and 
buses owned or operated by the department of corrections shall 
be registered and shall display appropriate license number 
plates which shall be furnished by the registrar at cost.  
Original and renewal applications for these license plates 
authorized for use in general police work and for use by the 
department of corrections must be accompanied by a certification 
signed by the appropriate chief of police if issued to a police 
vehicle, the appropriate sheriff if issued to a sheriff's 
vehicle, the commissioner of corrections if issued to a 
department of corrections vehicle, or the appropriate officer in 
charge if issued to a vehicle of any other law enforcement 
agency.  The certification must be on a form prescribed by the 
commissioner and state that the vehicle will be used exclusively 
for a purpose authorized by this section.  
     (d) Unmarked vehicles used by the department of revenue in 
conducting seizures or criminal investigations must be 
registered and must display passenger vehicle classification 
license number plates which shall be furnished at cost by the 
registrar.  Original and renewal applications for these 
passenger vehicle license plates must be accompanied by a 
certification signed by the commissioner of revenue.  The 
certification must be on a form prescribed by the commissioner 
and state that the vehicles will be used exclusively for the 
purposes authorized by this section. 
    (e) All other motor vehicles shall be registered and 
display tax exempt number plates which shall be furnished by the 
registrar at cost, except as provided in subdivision 1c.  All 
vehicles required to display tax exempt number plates shall have 
the name of the state department or public subdivision on the 
vehicle plainly displayed on both sides thereof in letters not 
less than 2-1/2 inches high and one-half inch wide; except that 
each state hospital and institution for the mentally ill and 
mentally retarded may have one vehicle without the required 
identification on the sides of the vehicle.  Such identification 
shall be in a color giving contrast with that of the part of the 
vehicle on which it is placed and shall endure throughout the 
term of the registration.  The identification must not be on a 
removable plate or placard and shall be kept clean and visible 
at all times; except that a removable plate or placard may be 
utilized on vehicles leased or loaned to a political subdivision.
    Sec. 3.  Minnesota Statutes 1988, section 168.012, 
subdivision 3a, is amended to read: 
    Subd. 3a.  [SPECIAL HANDICAPPED PERMITS.] Motorized golf 
carts and four-wheel all-terrain vehicles operated under permit 
and on roadways designated pursuant to section 169.045 are 
exempt from the provisions of this chapter. 
     Sec. 4.  Minnesota Statutes 1988, section 168.021, as 
amended by Laws 1989, chapter 234, sections 1 and 2, is amended 
to read: 
    168.021 [LICENSE PLATES FOR PHYSICALLY HANDICAPPED DISABLED 
PERSONS.] 
    Subdivision 1.  [SPECIAL PLATES; APPLICATION FOR ISSUANCE.] 
(a) When a motor vehicle registered under section 168.017, or a 
self-propelled recreational vehicle, is owned or primarily 
operated by a permanently physically handicapped disabled person 
or a custodial parent or guardian of a permanently 
physically handicapped disabled minor, the owner may apply for 
and secure from the registrar of motor vehicles two license 
plates with attached emblems, one plate to be attached to the 
front, and one to the rear of the vehicle.  Application for the 
plates must be made at the time of renewal or first application 
for registration.  When the owner first applies for the plates, 
the owner must submit a physician's statement on a form 
developed by the commissioner under section 169.345, or proof of 
physical handicap disability provided for in that section. 
    (b) The owner of a motor vehicle may apply for and secure a 
set of special plates for a motor vehicle if: 
    (1) the owner employs a permanently physically handicapped 
disabled person who would qualify for special plates under this 
section; and 
    (2) the owner furnishes the motor vehicle to the physically 
handicapped disabled person for the exclusive use of that person 
in the course of employment. 
    Subd. 1a.  [SCOPE OF PRIVILEGE.] If a physically 
handicapped disabled person parks a vehicle displaying license 
plates described in this section or any person parks the vehicle 
for a physically handicapped disabled person, that person shall 
be entitled to park the vehicle as provided in section 169.345.  
    Subd. 2.  [DESIGN OF PLATES; FURNISHING BY REGISTRAR.] The 
registrar of motor vehicles shall design and furnish two license 
number plates with attached emblems to each eligible owner.  The 
emblem must bear the internationally accepted wheelchair symbol, 
as designated in section 16B.61, subdivision 5, approximately 
three inches square.  The emblem must be large enough to be 
visible plainly from a distance of 50 feet.  An applicant 
eligible for the special plates shall pay the motor vehicle 
registration fee authorized by law less a credit of $1 for each 
month registered. 
    Subd. 2a.  [PLATE RETURNS, TRANSFERS.] (a) When vehicle 
ownership is transferred, the owner of the vehicle shall remove 
the special plates from the vehicle and return them to the 
registrar.  The buyer of the vehicle shall repay the $1 credit 
for each month remaining in the registration period for which 
the special plates were issued.  On returning the plates and 
repaying the remaining credit, the buyer is entitled to receive 
regular plates for the vehicle without further cost for the rest 
of the registration period. 
    (b) Notwithstanding section 168.12, subdivision 1, the 
special plates may be transferred to a replacement motor vehicle 
on notification to the registrar.  However, the special plates 
may not be transferred unless the replacement motor vehicle (1) 
is registered under section 168.017 or is a self-propelled 
recreational vehicle, and (2) is owned or primarily operated by 
the permanently physically disabled person. 
    (c) The transferor shall not receive the $1 credit for each 
month the replacement vehicle is registered until the time of 
renewal or first application for registration on the replacement 
vehicle. 
    Subd. 2b.  [WHEN NOT ELIGIBLE.] On becoming ineligible for 
the special plates, the owner of the vehicle shall remove the 
special plates and return them to the registrar.  The owner 
shall repay the $1 credit for each month remaining in the 
registration period for which the special plates were issued.  
On returning the plates and repaying the remaining credit, the 
owner may receive regular plates for the vehicle without further 
cost for the rest of the registration period.  
    Subd. 3.  [PENALTIES FOR UNAUTHORIZED USE OF PLATES.] (a) A 
person who uses the plates provided under this section on a 
motor vehicle in violation of this section is guilty of a 
misdemeanor, and is subject to a fine of $500.  This subdivision 
does not preclude a person who is not physically handicapped 
disabled from operating a vehicle bearing the plates if:  
    (1) the person is the owner of the vehicle and permits its 
operation by a physically handicapped disabled person; 
    (2) the person operates the vehicle with the consent of the 
owner who is physically handicapped disabled; or 
    (3) the person is the owner of the vehicle, is the 
custodial parent or guardian of a permanently physically 
handicapped disabled minor, and operates the vehicle to 
transport the minor. 
    (b) A driver who is not handicapped disabled is not 
entitled to the parking privileges provided in this section and 
in section 169.346 unless parking the vehicle for a 
physically handicapped disabled person. 
    Subd. 4.  [FEES; DISPOSITION.] All fees collected from the 
sale of plates under this section shall be deposited in the 
state treasury to the credit of the highway user tax 
distribution fund. 
    Subd. 5.  [DEFINITIONS.] For the purposes of this section, 
the term "physically handicapped disabled person" has the 
meaning given it in section 169.345.  
    Subd. 6.  [DRIVER'S LICENSE LAW NOT AFFECTED.] Nothing in 
this section shall be construed to revoke, limit, or amend 
chapter 171. 
    Sec. 5.  Minnesota Statutes 1988, section 168.12, 
subdivision 2a, is amended to read:  
    Subd. 2a.  [PERSONALIZED LICENSE PLATES.] Personalized 
license plates must be issued to an applicant for registration 
of a passenger automobile, van, or pickup truck, motorcycle, or 
self-propelled recreational vehicle, upon compliance with the 
laws of this state relating to registration of the vehicle and 
upon payment of a one-time fee of $100 in addition to the 
registration tax required by law for the vehicle.  The 
commissioner registrar shall designate a replacement fee for 
personalized license plates that is calculated to cover the cost 
of replacement.  This fee must be paid by the applicant whenever 
the law requires the personalized license plates are required to 
be replaced by law.  In lieu of the numbers assigned as provided 
in subdivision 1, personalized license plates must have 
imprinted on them a series of not more than six seven numbers 
and letters in any combination.  When an applicant has once 
obtained personalized plates, the applicant shall have a prior 
claim for similar personalized plates in the next succeeding 
year that plates are issued if application is made for them at 
least 30 days before the first date that registration can be 
renewed.  The commissioner of public safety shall adopt rules in 
the manner provided by chapter 14, regulating the issuance and 
transfer of personalized license plates.  No words or 
combination of letters placed on personalized license plates may 
be used for commercial advertising, be of an obscene, indecent, 
or immoral nature, or be of a nature that would offend public 
morals or decency.  The call signals or letters of a radio or 
television station are not commercial advertising for the 
purposes of this subdivision. 
    Notwithstanding the provisions of subdivision 1, 
personalized license plates issued under this subdivision may be 
transferred to another motor vehicle owned or jointly owned by 
the applicant, upon the payment of a fee of $5, which must be 
paid into the state treasury and credited to the highway user 
tax distribution fund.  The registrar may by rule provide a form 
for notification.  
    Notwithstanding any law to the contrary, if the 
personalized license plates are lost, stolen, or destroyed, the 
applicant may apply and shall receive duplicate license plates 
bearing the same combination of letters and numbers as the 
former personalized plates upon the payment of a $5 the fee 
required by section 168.29.  
    Fees from the sale of permanent and duplicate personalized 
license plates must be paid into the state treasury and credited 
to the highway user tax distribution fund. 
    Sec. 6.  Minnesota Statutes 1988, section 168.125, 
subdivision 2, is amended to read: 
    Subd. 2.  [SPECIAL PLATES; EX-POW AND HANDICAPPED 
DISABILITY INSIGNIA.] The registrar shall issue special license 
plates bearing both the "EX-POW" and handicapped disability 
insignia to any applicant who is entitled to the special license 
plates provided under this section and who is also entitled to 
special license plates for the physically handicapped disabled 
under section 168.021 upon compliance with the provisions of 
both sections.  The special license plates shall be of a design 
and size to be determined by the commissioner.  
    Sec. 7.  Minnesota Statutes 1988, section 168.27, 
subdivision 2, is amended to read: 
    Subd. 2.  [NEW MOTOR VEHICLE DEALER.] (a) No person shall 
engage in the business of selling new motor vehicles or shall 
offer to sell, solicit, or advertise the sale of new motor 
vehicles without first acquiring a new motor vehicle dealer 
license.  A new motor vehicle dealer licensee shall be entitled 
thereunder to sell, broker, wholesale, or auction and to solicit 
and advertise the sale, broker, wholesale, or auction of new 
motor vehicles covered by the franchise and any used motor 
vehicles or to lease and to solicit and advertise the lease of 
new motor vehicles and any used motor vehicles and such sales or 
leases may be either for consumer use at retail or for resale to 
a dealer.  A new motor vehicle dealer may engage in the business 
of buying or otherwise acquiring vehicles for dismantling the 
vehicles and selling used parts and remaining scrap materials 
under chapter 168A, except that a new motor vehicle dealer may 
not purchase a junked vehicle from a salvage pool, insurance 
company, or its agent unless the dealer is also licensed as a 
used vehicle parts dealer.  Nothing herein shall be construed to 
require an applicant for a dealer license who proposes to deal 
in:  (1) new and unused motor vehicle bodies; or (2) type A, B, 
or C motor homes as defined in section 168.011, subdivision 25, 
to have a bona fide contract or franchise in effect with either 
the first-stage manufacturer of the motor home or the 
manufacturer or distributor of any motor vehicle chassis upon 
which the new and unused motor vehicle body is mounted.  The 
modification or conversion of a new van-type vehicle into a 
multipurpose passenger vehicle which is not a motor home does 
not constitute dealing in new or unused motor vehicle bodies, 
and a person engaged in the business of selling these van-type 
vehicles must have a bona fide contract or franchise with the 
appropriate manufacturer under subdivision 10.  A van converter 
or modifier who owns these modified or converted van-type 
vehicles may sell them at wholesale to new motor vehicle dealers 
having a bona fide contract or franchise with the first-stage 
manufacturer of the vehicles. 
    (b) The requirements pertaining to franchises do not apply 
to persons who remodel or convert motor vehicles for medical 
purposes.  For purposes of this subdivision, "medical purpose" 
means certification by a licensed physician that remodeling or 
conversion of a motor vehicle is necessary to enable a 
handicapped disabled person to use the vehicle. 
    Sec. 8.  Minnesota Statutes 1988, section 168.29, is 
amended to read: 
    168.29 [DUPLICATE PLATES.] 
    In the event of the defacement, loss or destruction of any 
number plates, the registrar, upon receiving and filing a sworn 
statement of the vehicle owner, setting forth the circumstances 
of the defacement, loss, destruction or theft of the number 
plates, together with any defaced plates and the payment of the 
fee of $5 shall issue a new set of plates., except for duplicate 
personalized license plates provided for in section 168.12, 
subdivision 2a.  The registrar shall impose a fee to replace 
personalized plates not to exceed the actual cost of producing 
the plates.  
    The registrar shall then note on the registrar's records 
the issue of such new number plates and shall proceed in such 
manner as the registrar may deem advisable to cancel and call in 
the original plates so as to insure against their use on another 
motor vehicle.  
    Duplicate registration certificates plainly marked as 
duplicates may be issued in like cases upon the payment of a $1 
fee. 
    Sec. 9.  Minnesota Statutes 1988, section 169.01, 
subdivision 24a, is amended to read: 
    Subd. 24a.  [WHEELCHAIR.] For the purposes of this chapter 
"wheelchair" is defined to include any manual or motorized 
wheelchair, scooter, tricycle, or similar device used by 
a handicapped disabled person as a substitute for walking.  
    Sec. 10.  Minnesota Statutes 1988, section 169.215, is 
amended to read: 
    Subdivision 1.  [DESIGNATION OF CROSSINGS.] Local 
authorities may designate a senior citizen or handicapped 
crossing for senior citizens or disabled persons on any street 
or highway in the vicinity of a senior citizen housing project, 
senior citizen nursing home, or residential care facility 
for handicapped disabled persons on the basis of an engineering 
and traffic investigation prescribed by the commissioner and 
subject to the uniform specifications adopted pursuant to 
subdivision 2.  Designation of a senior citizen or handicapped 
crossing for senior citizens or disabled persons on a trunk 
highway is subject to the written consent of the commissioner.  
    Subd. 2.  [UNIFORM SPECIFICATIONS.] The commissioner shall 
adopt uniform specifications for senior citizen or handicapped 
crossings for senior citizens or disabled persons. The 
specifications shall include criteria for determining the need 
for a crossing and the type and design of traffic control 
devices or signals that may be used at the crossing.  The 
specifications shall be incorporated as a part of the manual of 
uniform traffic control devices required pursuant to section 
169.06.  
     Sec. 11.  Minnesota Statutes 1989 Supplement, section 
169.345, is amended to read: 
    169.345 [PARKING PRIVILEGES FOR PHYSICALLY HANDICAPPED 
DISABLED.] 
    Subdivision 1.  [SCOPE OF PRIVILEGE.] A vehicle that 
prominently displays the certificate authorized by this section, 
or bears license plates issued under section 168.021, may be 
parked by or for a physically handicapped disabled person: 
    (1) in a designated handicapped parking space for disabled 
persons, as provided in section 169.346; and 
    (2) in a metered parking space without obligation to pay 
the meter fee.  
    For purposes of this subdivision, a certificate is 
prominently displayed if it is displayed on the dashboard in the 
left-hand corner of the front windshield of the vehicle with no 
part of the certificate obscured. 
    Notwithstanding clauses (1) and (2), this section does not 
permit parking in areas prohibited by sections 169.32 and 
169.34, in designated no parking spaces, or in parking spaces 
reserved for specified purposes or vehicles.  A local 
governmental unit may, by ordinance, prohibit parking on any 
street or highway to create a fire lane, or to accommodate heavy 
traffic during morning and afternoon rush hours and these 
ordinances also apply to physically handicapped disabled persons.
    Subd. 2.  [DEFINITIONS.] For the purpose of this section, 
"physically handicapped disabled person" means a person who: 
    (1) because of disability cannot walk without significant 
risk of falling; 
     (2) because of disability cannot walk 200 feet without 
stopping to rest; 
     (3) because of disability cannot walk without the aid of 
another person, a walker, a cane, crutches, braces, a prosthetic 
device, or a wheelchair; 
     (4) is restricted by a respiratory disease to such an 
extent that the person's forced (respiratory) expiratory volume 
for one second, when measured by spirometry, is less than one 
liter; 
     (5) has an arterial oxygen tension (PAO2) of less than 60 
mm/Hg on room air at rest; 
     (6) uses portable oxygen; 
     (7) has a cardiac condition to the extent that the person's 
functional limitations are classified in severity as class III 
or class IV according to standards set by the American Heart 
Association; 
     (8) has lost an arm or a leg and does not have or cannot 
use an artificial limb; or 
     (9) has a disability that would be aggravated by walking 
200 feet under normal environmental conditions to an extent that 
would be life threatening.  
    Subd. 2a.  [PHYSICIAN'S OR CHIROPRACTOR'S STATEMENT.] (a) 
The commissioner shall develop a form for the physician's or 
chiropractor's statement.  The statement must be signed by a 
licensed physician or chiropractor who certifies that the 
applicant is a physically handicapped disabled person as defined 
in subdivision 2.  The commissioner may request additional 
information from the physician or chiropractor if needed to 
verify the applicant's eligibility.  The statement that the 
applicant is a physically handicapped disabled person must 
specify whether the disability is permanent or temporary, and if 
temporary, the opinion of the physician or chiropractor as to 
the duration of the disability.  A physician or chiropractor who 
fraudulently certifies to the commissioner that a person is a 
physically handicapped disabled person as defined in subdivision 
2, and that the person is entitled to the license plates 
authorized by section 168.021 or to the certificate authorized 
by this section, is guilty of a misdemeanor and is subject to a 
fine of $500. 
     (b) The commissioner may waive the requirement of providing 
a statement of a licensed physician or chiropractor, if the 
applicant has previously filed with the commissioner a statement 
of a licensed physician or chiropractor certifying that the 
applicant has a permanent physical handicap disability.  
    Subd. 3.  [IDENTIFYING CERTIFICATE.] (a) The division of 
driver and vehicle services in the department of public safety 
shall issue a special identifying certificate for a motor 
vehicle when a physically handicapped disabled applicant submits 
proof of physical handicap disability under subdivision 2a.  The 
commissioner shall design separate certificates for persons with 
permanent and temporary disabilities that can be readily 
distinguished from each other from outside a vehicle at a 
distance of 25 feet.  The certificate is valid for the duration 
of the person's disability, as specified in the physician's or 
chiropractor's statement, up to a maximum of six years.  A 
person with a disability of longer duration will be required to 
renew the certificate for additional periods of time, up to six 
years each, as specified in the physician's or chiropractor's 
statement. 
     (b) When the commissioner is satisfied that a motor vehicle 
is used primarily for the purpose of transporting physically 
handicapped disabled persons, the division may issue without 
charge a special identifying certificate for the vehicle.  The 
operator of a vehicle displaying the certificate has the parking 
privileges provided in subdivision 1 while the vehicle is in use 
for transporting physically handicapped disabled persons.  The 
certificate issued to a person transporting physically 
handicapped disabled persons must be renewed every third year.  
On application and renewal, the person must present evidence 
that the vehicle continues to be used for transporting 
physically handicapped disabled persons. 
     (c) A certificate must be made of plastic or similar 
durable material, must be distinct from certificates issued 
before January 1, 1988, and must bear its expiration date 
prominently on its face.  A certificate issued to a temporarily 
disabled person must display the date of expiration of the 
duration of the disability, as determined under paragraph (a).  
Each certificate must have printed on the back a summary of the 
parking privileges and restrictions that apply to each vehicle 
in which it is used.  The commissioner may charge a fee of $5 
for issuance or renewal of a certificate, and a fee of $5 for a 
duplicate to replace a lost, stolen, or damaged certificate. 
    Subd. 4.  [UNAUTHORIZED USE; REVOCATION; PENALTY.] If a 
peace officer finds that the certificate is being improperly 
used, the officer shall report the violation to the division of 
driver and vehicle services in the department of public safety 
and the commissioner of public safety may revoke the 
certificate.  A person who uses the certificate in violation of 
this section is guilty of a misdemeanor and is subject to a fine 
of $500. 
    Sec. 12.  Minnesota Statutes 1988, section 169.346, is 
amended to read: 
    169.346 [PARKING FOR PHYSICALLY HANDICAPPED DISABLED; 
PROHIBITIONS; PENALTIES.] 
    Subdivision 1.  [PARKING CRITERIA.] A person shall not: 
    (1) park a motor vehicle in or obstruct access to a parking 
space designated and reserved for the physically 
handicapped disabled, on either private or public property; 
    (2) park a motor vehicle in or obstruct access to an area 
designated by a local governmental unit as a handicapped 
transfer zone for disabled persons; or 
    (3) exercise the parking privilege provided in section 
169.345, unless:  
    (i) that person is a physically handicapped disabled person 
as defined in section 169.345, subdivision 2, or the person is 
transporting or parking a vehicle for a physically handicapped 
disabled person; and 
    (ii) the vehicle visibly displays one of the following:  a 
license plate issued under section 168.021, a certificate issued 
under section 169.345, or an equivalent certificate, insignia, 
or license plate issued by another state or one of its political 
subdivisions. 
    Subd. 2.  [SIGNS; PARKING SPACES TO BE FREE OF 
OBSTRUCTIONS.] (a) Handicapped Parking spaces for physically 
disabled persons must be designated and identified by the 
posting of signs incorporating the international symbol of 
access in white on blue and indicating that the parking space is 
reserved for handicapped disabled persons with vehicles 
displaying the required certificate, license plates, or 
insignia.  A sign posted for the purpose of this section must be 
visible from inside a vehicle parked in the space, be kept clear 
of snow or other obstructions which block its visibility, and be 
nonmovable or only movable by authorized persons. 
    (b) The owner or manager of the property on which the 
designated parking space is located shall ensure that the space 
is kept free of obstruction.  If the owner or manager allows the 
space to be blocked by snow, merchandise, or similar 
obstructions for 24 hours after receiving a warning from a peace 
officer, the owner or manager is guilty of a misdemeanor and 
subject to a fine of up to $500. 
    Subd. 3.  [PENALTY.] A person who violates subdivision 1 is 
guilty of a misdemeanor and shall be fined not less than $100 or 
more than $200.  This subdivision shall be enforced in the same 
manner as parking ordinances or regulations in the governmental 
subdivision in which the violation occurs.  Law enforcement 
officers have the authority to tag vehicles parked on either 
private or public property in violation of subdivision 1.  A 
physically handicapped disabled person, or a person parking a 
vehicle for a handicapped disabled person, who is charged with 
violating subdivision 1 because the person parked in 
a handicapped parking space for physically disabled persons 
without the required certificate or license plates shall not be 
convicted if the person produces in court or before the court 
appearance the required certificate or evidence that the person 
has been issued license plates under section 168.021, and 
demonstrates entitlement to the certificate or plates at the 
time of arrest or tagging. 
    Sec. 13.  [REPEALER.] 
    Minnesota Statutes 1988, section 168.12, subdivisions 3 and 
4, are repealed. 
    Presented to the governor April 24, 1990 
    Signed by the governor April 24, 1990, 9:54 p.m.