Key: (1) language to be deleted (2) new language
Laws of Minnesota 1993
CHAPTER 311-H.F.No. 519
An act relating to recreational vehicles; regulating
registration and operation of off-highway motorcycles
and off-road vehicles; setting fees and penalties;
requiring reports to the legislature; appropriating
money; amending Minnesota Statutes 1992, sections
85.018, subdivisions 1, 2, 3, and 5; 171.03; and
466.03, subdivision 16; proposing coding for new law
in Minnesota Statutes, chapter 84.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
OFF-HIGHWAY MOTORCYCLES
Section 1. [84.787] [DEFINITIONS.]
Subdivision 1. [SCOPE.] The definitions in this section
apply to sections 1 to 10.
Subd. 2. [ACCOMPANIED.] "Accompanied" means subject to
continuous direction or control.
Subd. 3. [CITY.] "City" means a statutory or home rule
charter city.
Subd. 4. [COMMISSIONER.] "Commissioner" means the
commissioner of natural resources.
Subd. 5. [DEALER.] "Dealer" means a person engaged in the
business of selling off-highway motorcycles at wholesale or
retail.
Subd. 6. [MANUFACTURER.] "Manufacturer" means a person
engaged in the business of manufacturing off-highway motorcycles.
Subd. 7. [OFF-HIGHWAY MOTORCYCLE.] "Off-highway
motorcycle" means a motorized, off-highway vehicle traveling on
two wheels and having a seat or saddle designed to be straddled
by the operator and handlebars for steering control, including a
vehicle that is registered under chapter 168 for highway use if
it is also used for off-highway operation on trails or
unimproved terrain.
Subd. 8. [OWNER.] "Owner" means a person, other than a
person with a security interest, that has a property interest in
or title to an off-highway motorcycle and is entitled to the use
and possession of the motorcycle.
Subd. 9. [PERSON.] "Person" has the meaning given it in
section 336.1-201, subsection (30).
Subd. 10. [PUBLIC ROAD RIGHT-OF-WAY.] "Public road
right-of-way" means the entire right-of-way of a town road or a
county, county state-aid, or trunk highway, including the
traveled portions, banks, ditches, shoulders, and medians.
Subd. 11. [REGISTER.] "Register" means the act of
assigning a registration number to an off-highway motorcycle.
Sec. 2. [84.788] [REGISTRATION.]
Subdivision 1. [GENERAL REQUIREMENTS.] Unless exempted in
subdivision 2, after January 1, 1994, a person may not operate
and an owner may not give permission for another to operate an
off-highway motorcycle on public lands or waters unless the
vehicle has been registered under this section.
Subd. 2. [EXEMPTIONS.] Registration is not required for
off-highway motorcycles:
(1) owned and used by the United States, the state, another
state, or a political subdivision;
(2) registered in another state or country that have not
been within this state for more than 30 consecutive days;
(3) used exclusively in organized track racing events;
(4) being used on private land with the permission of the
landowner; or
(5) registered under chapter 168, when operated on forest
roads to gain access to a state forest campground.
Subd. 3. [APPLICATION; ISSUANCE; REPORTS.] Application for
registration or continued registration must be made to the
commissioner or an authorized deputy registrar of motor vehicles
on a form prescribed by the commissioner. The form must state
the name and address of every owner of the off-highway
motorcycle and must be signed by at least one owner. Upon
receipt of the application and the appropriate fee, the
commissioner shall assign a registration number that must be
affixed to the motorcycle in a manner prescribed by the
commissioner. The commissioner shall develop a registration
system to register vehicles under this section. A deputy
registrar of motor vehicles acting under section 168.33, is also
a deputy registrar of off-highway motorcycles. The commissioner
of natural resources in agreement with the commissioner of
public safety may prescribe the accounting and procedural
requirements necessary to ensure efficient handling of
registrations and registration fees. Deputy registrars shall
strictly comply with the accounting and procedural
requirements. A fee of 50 cents in addition to other fees
prescribed by law is charged for each off-highway motorcycle
registered by a deputy registrar, and must be deposited in the
treasury of the jurisdiction where the deputy is appointed, or
kept if the deputy is not a public official.
Subd. 4. [REGISTRATION CARD; REPLACEMENT FEE.] The
commissioner shall provide to the registrant a registration card
that includes the registration number, the date of registration,
the make and serial number of the off-highway motorcycle, the
owner's name and address, and additional information the
commissioner may require. Information concerning registrations
must be kept by the commissioner. Upon a satisfactory showing
that the registration card has been lost or destroyed, the
commissioner shall issue a replacement registration card upon
payment of a fee of $4. The fees collected from replacement
registration cards must be credited to the off-highway
motorcycle account.
Subd. 5. [REPORT OF TRANSFERS; FEE.] A person who sells or
transfers ownership of an off-highway motorcycle registered
under this section shall report the sale or transfer to the
commissioner within 15 days of the date of transfer. An
application for transfer must be executed by the registered
owner and the buyer on a form prescribed by the commissioner
with the owner's registration certificate, a bill of sale, and a
$4 fee.
Subd. 6. [REGISTRATION FEES.] (a) The fee for registration
of an off-highway motorcycle under this section, other than
those registered by a dealer or manufacturer under paragraph (b)
or (c), is $30 for three years and $4 for a duplicate or
transfer.
(b) The total registration fee for off-highway motorcycles
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 off-highway motorcycles
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
deposited in the state treasury and credited to the off-highway
motorcycle account.
Subd. 7. [RENEWAL.] An owner of an off-highway motorcycle
must renew registration in a manner prescribed by the
commissioner upon payment of the appropriate registration fee in
subdivision 6.
Subd. 8. [VEHICLES OWNED BY STATE OR POLITICAL
SUBDIVISION.] A registration number must be issued without the
payment of a fee for off-highway motorcycles owned by the state
or political subdivision upon application.
Subd. 9. [LICENSING BY POLITICAL SUBDIVISIONS.] A
political subdivision of this state may not require licensing or
registration of off-highway motorcycles covered by sections 1 to
10.
Subd. 10. [REGISTRATION BY MINORS PROHIBITED.] A person
under the age of 18 may not register an off-highway motorcycle.
Sec. 3. [84.789] [REQUIREMENTS OF MAKERS OF OFF-HIGHWAY
MOTORCYCLES.]
Subdivision 1. [IDENTIFICATION NUMBER.] An off-highway
motorcycle made after January 1, 1994, and sold in the state,
must have a manufacturer's permanent identification number
stamped in letters and numbers on the vehicle in the form and at
a location prescribed by the commissioner.
Subd. 2. [REGISTRATION NUMBER.] An off-highway motorcycle
made after January 1, 1995, and sold in the state, must be
designed and made to provide an area to affix the registration
number. This area must be at a location and of dimensions
prescribed by the commissioner.
Sec. 4. [84.79] [RULEMAKING; ACCIDENT REPORT.]
(a) With a view of achieving proper use of off-highway
motorcycles consistent with protection of the environment, the
commissioner, in consultation with the commissioners of public
safety and transportation, shall adopt rules under chapter 14
relating to:
(1) registration of off-highway motorcycles and display of
registration numbers;
(2) use of off-highway motorcycles insofar as game and fish
resources are affected;
(3) use of off-highway motorcycles on public lands and
waters under the jurisdiction of the commissioner;
(4) uniform signs to be used by the state, counties, and
cities necessary or desirable to control, direct, or regulate
the operation and use of off-highway motorcycles; and
(5) off-highway motorcycle sound levels.
(b) The commissioner of public safety, in consultation with
the commissioners of natural resources and transportation, may
adopt rules under chapter 14 regulating the use of off-highway
motorcycles on public roads.
(c) The operator and an officer investigating an accident
of an off-highway motorcycle resulting in injury requiring
medical attention or hospitalization to or death of a person or
total damage to an extent of $500 or more shall forward within
ten days a written report of the accident to the commissioner on
a form prescribed by the commissioner.
Sec. 5. [84.791] [EDUCATION AND TRAINING.]
Subdivision 1. [PROGRAM ESTABLISHED.] The commissioner
shall establish a comprehensive off-highway motorcycle
environment and safety education and training program, including
the preparation and dissemination of vehicle information and
safety advice to the public, the training of off-highway
motorcycle operators, and the issuance of off-highway motorcycle
safety certificates to operators under the age of 16 years who
successfully complete the off-highway motorcycle environment and
safety education and training courses.
Subd. 2. [FEE.] For the purposes of administering the
program and to defray a portion of the expenses of training and
certifying vehicle operators, the commissioner shall collect a
fee not to exceed $5 from each person who receives the training.
The fees must be deposited in the state treasury and credited to
the off-highway motorcycle account.
Subd. 3. [COOPERATION AND CONSULTATION.] The commissioner
shall cooperate with private organizations and associations,
private and public corporations, and local governmental units in
furtherance of the program established under this section. The
commissioner shall consult with the commissioner of public
safety in regard to training program subject matter and
performance testing that leads to the certification of off-road
motorcycle operators.
Sec. 6. [84.792] [SIGNAL FROM OFFICER TO STOP.]
An off-highway motorcycle operator, after having received a
visual or audible signal from a law enforcement officer to come
to a stop, may not:
(1) operate an off-highway motorcycle in willful or wanton
disregard of the signal to stop;
(2) interfere with or endanger the law enforcement officer
or another person or vehicle; or
(3) increase speed or attempt to flee or elude the officer.
Sec. 7. [84.793] [YOUTHFUL OPERATORS; PROHIBITIONS.]
Subdivision 1. [PROHIBITIONS ON YOUTHFUL OPERATORS.] (a)
After January 1, 1995, a person less than 16 years of age
operating an off-highway motorcycle on public lands or waters
must possess a valid off-highway motorcycle safety certificate
issued by the commissioner.
(b) Except for operation on public road rights-of-way that
is permitted under section 9, subdivision 1, a driver's license
issued by the state or another state is required to operate an
off-highway motorcycle along or on a public road right-of-way.
(c) A person under 12 years of age may not:
(1) make a direct crossing of a public road right-of-way;
(2) operate an off-highway motorcycle on a public road
right-of-way in the state; or
(3) operate an off-highway motorcycle on public lands or
waters unless accompanied on another off-highway motorcycle by a
person 18 years of age or older.
(d) Except for public road rights-of-way of interstate
highways, a person less than 16 years of age may make a direct
crossing of a public road right-of-way of a trunk, county
state-aid, or county highway only if that person is accompanied
on another off-highway motorcycle by a person 18 years of age or
older who holds a valid driver's license.
(e) A person less than 16 years of age may operate an
off-highway motorcycle on public road rights-of-way in
accordance with section 9, subdivision 1, paragraph (a), only if
that person is accompanied on another off-highway motorcycle by
a person 18 years of age or older who holds a valid driver's
license.
Subd. 2. [HELMET REQUIRED.] A person less than 18 years of
age may not operate an off-highway motorcycle 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.
Subd. 3. [PROHIBITIONS ON OWNER.] An owner of an
off-highway motorcycle may not knowingly allow it to be operated
contrary to this section.
Subd. 4. [EYE PROTECTION REQUIRED.] A person may not
operate an off-highway motorcycle without an eye-protective
device.
Sec. 8. [84.794] [OFF-HIGHWAY MOTORCYCLE ACCOUNT; RECEIPTS
AND ALLOCATIONS.]
Subdivision 1. [REGISTRATION REVENUE.] Fees from the
registration of off-highway motorcycles must be deposited in the
state treasury and credited to the off-highway motorcycle
account in the natural resources fund.
Subd. 2. [PURPOSES.] (a) Subject to appropriation by the
legislature, money in the off-highway motorcycle account may
only be spent for:
(1) administration, enforcement, and implementation of
sections 1 to 10;
(2) acquisition, maintenance, and development of
off-highway motorcycle trails and use areas; and
(3) grants-in-aid to counties and municipalities to
construct and maintain off-highway motorcycle trails and use
areas.
(b) The distribution of funds made available for
grants-in-aid must be guided by the statewide comprehensive
outdoor recreation plan.
Sec. 9. [84.795] [OPERATION REQUIREMENTS; LOCAL
REGULATION.]
Subdivision 1. [OPERATION ON PUBLIC ROAD
RIGHTS-OF-WAY.] (a) A person may not operate an off-highway
motorcycle within the right-of-way of a town road or a trunk,
county state-aid, or county highway in this state unless the
right-of-way encompasses:
(1) a trail administered by the commissioner and designated
for off-highway motorcycle use or multiple use; or
(2) a corridor access trail designated under paragraph (b).
(b) A road authority, as defined in section 160.02,
subdivision 9, may designate, with the approval of the
commissioner, corridor access trails on public road
rights-of-way for gaining access to established off-highway
motorcycle trails.
(c) A person may not operate an off-highway motorcycle upon
a trunk, county state-aid, or county highway in this state
unless the vehicle is equipped with at least one headlight and
one taillight, each of minimum candlepower as prescribed by rule
of the commissioner, and with brakes conforming to standards
prescribed by rule of the commissioner, all of which are subject
to the approval of the commissioner of public safety.
(d) A person may not operate an off-highway motorcycle at
any time within the right-of-way of an interstate highway or
freeway within this state.
Subd. 2. [CROSSING PUBLIC ROAD RIGHT-OF-WAY.] (a) A person
operating an off-highway motorcycle may make a direct crossing
of a public road right-of-way provided:
(1) the crossing is made at an angle of approximately 90
degrees to the direction of the road and at a place where no
obstruction prevents a quick and safe crossing;
(2) the off-highway motorcycle is brought to a complete
stop before crossing the shoulder or main traveled way of the
road;
(3) the driver yields the right-of-way to all oncoming
traffic that constitutes an immediate hazard;
(4) in crossing a divided road, the crossing is made only
at an intersection of the road with another public 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.
(b) Chapter 169 applies to the operation of off-highway
motorcycles upon streets and highways, except for those
provisions relating to required equipment and those provisions
that by their nature have no application.
Subd. 3. [EXEMPTIONS.] Subdivisions 1 and 2 do not apply
to vehicles registered for public road use under chapter 168
when being operated on a traveled portion of a public road.
Subd. 4. [OPERATION GENERALLY.] A person may not drive or
operate an off-highway motorcycle:
(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) in a tree nursery or planting in a manner that damages
or destroys growing stock;
(4) without a brake operational by either hand or foot;
(5) at a speed exceeding ten miles per hour on the frozen
surface of public waters within 100 feet of a person fishing or
a fishing shelter; or
(6) in a manner that violates operation rules adopted by
the commissioner.
Subd. 5. [OPERATING UNDER INFLUENCE OF ALCOHOL OR
CONTROLLED SUBSTANCE.] A person may not operate or be in control
of an off-highway motorcycle anywhere in this state or on the
ice of any boundary water of this state while under the
influence of alcohol or a controlled substance, as provided in
section 169.121, and is subject to section 169.123. A
conservation officer of the department of natural resources is a
peace officer for the purposes of sections 169.121 and 169.123
as applied to the operation of an off-highway motorcycle in a
manner not subject to registration under chapter 168.
Subd. 6. [OPERATION PROHIBITED ON AIRPORTS.] A person may
not drive or operate an off-highway motorcycle on an airport
defined in section 360.013, subdivision 5.
Subd. 7. [ORGANIZED CONTESTS.] Nothing in this section or
chapter 169 prohibits the use of off-highway motorcycles within
the right-of-way of a state trunk or county state-aid highway or
upon public lands or waters under the jurisdiction of the
commissioner of natural resources, in an organized contest or
event, subject to the consent of the official or board having
jurisdiction over the highway or public lands or waters.
In permitting the contest or event, the official or board
having jurisdiction may prescribe restrictions, conditions, or
permit revocation procedures, as the official or board considers
advisable.
Subd. 8. [REGULATIONS BY POLITICAL SUBDIVISIONS.] A
county, city, or town, acting through its governing body, may
regulate the operation of off-highway motorcycles on public
lands, waters, and property under its jurisdiction other than
public road rights-of-way within its boundaries, by resolution
or ordinance of the governing body and by giving appropriate
notice, provided that:
(1) the regulations must be consistent with sections 1 to
10 and rules adopted under section 4;
(2) an ordinance may not impose a fee for the use of public
land or water under the jurisdiction of either the department of
natural resources or another agency of the state, or for the use
of an access to it owned by the state, a county, or a city; and
(3) an ordinance may not require an off-highway motorcycle
operator to possess a motor vehicle driver's license while
operating an off-highway motorcycle.
Sec. 10. [84.796] [PENALTIES.]
A person who violates a provision of section 2, 3, 6, 7, or
9 is guilty of a misdemeanor.
Sec. 11. Minnesota Statutes 1992, section 85.018,
subdivision 2, is amended to read:
Subd. 2. [AUTHORITY OF LOCAL GOVERNMENT.] (a) A local
government unit that receives state grants-in-aid for any trail,
with the concurrence of the commissioner, and the landowner or
land lessee, may:
(1) designate the trail for use by snowmobiles or for
nonmotorized use from December 1 to April 1 of any year; and
(2) issue any permit required under subdivisions 3 to 5.
(b) A local government unit that receives state
grants-in-aid under section 84.927, subdivision 2, or section 8,
subdivision 2, for any trail, with the concurrence of the
commissioner, and landowner or land lessee, may:
(1) designate the trail specifically for use at various
times of the year by all-terrain vehicles or off-highway
motorcycles, for nonmotorized use such as ski touring,
snowshoeing, and hiking, and for multiple use, but not for
motorized and nonmotorized use at the same time; and
(2) issue any permit required under subdivisions 3 to 5.
(c) A local unit of government that receives state
grants-in-aid for any trail, with the concurrence of the
commissioner and landowner or land lessee, may designate certain
trails for joint use by snowmobiles, off-highway motorcycles,
and all-terrain vehicles.
Sec. 12. Minnesota Statutes 1992, section 85.018,
subdivision 3, is amended to read:
Subd. 3. [MOTORIZED USE; PERMITS, RESTRICTIONS.] Permits
may be issued for motorized vehicles, other than those
designated, to use a trail designated for use by snowmobiles,
off-highway motorcycles, or all-terrain vehicles. Notice of the
permit must be conspicuously posted, at the expense of the
permit holder, at no less than one-half mile intervals along the
trail, for the duration of the permit. Permits shall require
that permit holders return the trail and any associated facility
to their original condition if any damage is done by the
permittee. Limited permits for special events such as races may
be issued and shall require the removal of any trail markers,
banners and other material used in connection with the special
event.
Sec. 13. Minnesota Statutes 1992, section 85.018,
subdivision 5, is amended to read:
Subd. 5. [SNOWMOBILE AND ALL-TERRAIN MOTORIZED VEHICLE
TRAILS RESTRICTED.] (a) From December 1 to April 1 in any year
no use of a motorized vehicle other than a snowmobile, unless
authorized by permit, lease or easement, shall be permitted on a
trail designated for use by snowmobiles.
(b) From December 1 to April 1 in any year no use of a
motorized vehicle other than an all-terrain vehicle and an
off-highway motorcycle, unless authorized by permit, shall be
permitted on a trail designated for use by all-terrain
vehicles and off-highway motorcycles.
Sec. 14. Minnesota Statutes 1992, section 171.03, is
amended to read:
171.03 [PERSONS EXEMPT.]
The following persons are exempt from license hereunder:
(1) a 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,
except that only a noncivilian operator of a commercial motor
vehicle owned or leased by the United States Department of
Defense or the Minnesota national guard is exempt from the
requirement to possess a valid commercial motor vehicle driver's
license;
(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 and an off-highway motorcycle, as defined in section
1, subdivision 7, are not implements 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) a nonresident who has in immediate possession a valid
commercial driver's license issued by a state in compliance with
the Commercial Motor Vehicle Safety Act of 1986, United States
Code, title 49, sections 521, 2304, and 2701 to 2716, and who is
operating in Minnesota the class of commercial motor vehicle
authorized by the issuing state;
(5) 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;
(6) 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;
(7) any person who becomes a resident of the state of
Minnesota and who has in possession a valid commercial driver's
license issued by another state in compliance with the
Commercial Motor Vehicle Safety Act of 1986, United States Code,
title 49, sections 521, 2304, and 2701 to 2716, for not more
than 30 days after becoming a resident of this state; and
(8) any person operating a snowmobile, as defined in
section 84.81.
Sec. 15. Minnesota Statutes 1992, section 466.03,
subdivision 16, is amended to read:
Subd. 16. Any claim against a county, arising from the
operation of an all-terrain vehicle or off-highway motorcycle 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. 16. [DETERMINATION OF TAX ALLOCATION; REPORT TO
LEGISLATURE.]
The commissioners of natural resources, revenue, and
transportation shall jointly determine the amount of unrefunded
gasoline tax attributable to off-highway motorcycle use in the
state and shall report to the legislature by March 1, 1994, with
an appropriate proposed revision to Minnesota Statutes, section
296.16.
Sec. 17. [LEGISLATIVE REPORT ON REGISTRATION AND USE.]
By January 1, 1995, the commissioner of natural resources
shall report to the legislature on the number of off-highway
motorcycles registered under section 2 and the growth patterns
of off-highway motorcycle use in the state.
Sec. 18. [APPROPRIATIONS; REIMBURSEMENT; INCREASED
COMPLEMENT.]
(a) $235,000 is appropriated to the commissioner of natural
resources from the general fund for the purposes of sections 1
to 17 and is available for the fiscal year ending June 30,
1994. The approved complement of the department of natural
resources is increased by 2 positions.
(b) $146,000 is appropriated from the off-highway
motorcycle account to the commissioner of natural resources for
the purposes of sections 1 to 10 and 17 and is available for the
fiscal year ending June 30, 1995.
(c) Amounts spent by the commissioner of natural resources
from the appropriation in subdivision 1 must be reimbursed by
December 31, 1994 to the general fund. The amount necessary to
make the reimbursement is appropriated from the off-highway
motorcycle account in the natural resources fund to the
commissioner of finance for transfer to the general fund.
Sec. 19. [EFFECTIVE DATE.]
Section 16 is effective the day following final enactment.
ARTICLE 2
OFF-ROAD VEHICLES
Section 1. [84.797] [DEFINITIONS.]
Subdivision 1. [SCOPE.] The definitions in this section
apply to sections 1 to 9.
Subd. 2. [CITY.] "City" means a statutory or home rule
charter city.
Subd. 3. [COMMISSIONER.] "Commissioner" means the
commissioner of natural resources.
Subd. 4. [DEALER.] "Dealer" means a person engaged in the
business of selling off-road vehicles at wholesale or retail.
Subd. 5. [MANUFACTURER.] "Manufacturer" means a person
engaged in the business of manufacturing off-road vehicles.
Subd. 6. [OFF-ROAD.] "Off-road" means on trails or
nonpublic roads or for cross-country travel on natural terrain.
For purposes of sections 1 to 9, nonpublic roads include state
forest roads, county forest roads, and other roads and trails
that are not operated by a public road authority as defined in
section 160.02, subdivision 9.
Subd. 7. [OFF-ROAD VEHICLE.] "Off-road vehicle" or
"vehicle" means a motor-driven recreational vehicle capable of
cross-country travel on natural terrain without benefit of a
road or trail. Off-road vehicle does not include a snowmobile;
an all-terrain vehicle; a motorcycle; a watercraft; a farm
vehicle being used for farming; a vehicle used for military,
fire, emergency, or law enforcement purposes; a construction or
logging vehicle used in the performance of its common function;
a motor vehicle owned by or operated under contract with a
utility, whether publicly or privately owned, when used for work
on utilities; a commercial vehicle being used for its intended
purpose; snow-grooming equipment when used for its intended
purpose; or an aircraft.
Subd. 8. [OFF-ROAD VEHICLE USE AREA.] "Off-road vehicle
use area" means an area that is posted or designated for
off-road vehicle use in accordance with rules adopted by the
managing authority.
Subd. 9. [OWNER.] "Owner" means a person, other than a
person with a security interest, that has a property interest in
or title to an off-road vehicle and is entitled to the use and
possession of the vehicle.
Subd. 10. [PERSON.] "Person" has the meaning given in
section 336.1-201, paragraph (30).
Subd. 11. [PUBLIC ROAD RIGHT-OF-WAY.] "Public road
right-of-way" means the entire right-of-way of a roadway that is
not privately owned, including the traveled portions, banks,
ditches, shoulders, and medians.
Subd. 12. [OFF-ROAD VEHICLE STAGING AREA.] "Off-road
vehicle staging area" means a parking lot, trail head,
campground, or other location to or from which an off-road
vehicle is transported by truck, trailer, or other motor vehicle
so that it may be placed into operation or removed from
operation on public lands. Off-road vehicle staging area does
not include a location to which an off-road vehicle is
transported primarily for servicing, maintenance, repair,
storage, or sale.
Sec. 2. [84.798] [REGISTRATION.]
Subdivision 1. [GENERAL REQUIREMENTS.] Unless exempted
under subdivision 2, after January 1, 1995, a person may not
operate and an owner may not give permission for another to
operate a vehicle off-road, nor may a person have an off-road
vehicle not registered under chapter 168 in possession at an
off-road vehicle staging area, or designated trail or area,
unless the vehicle has been registered under this section.
Subd. 2. [EXEMPTIONS.] Registration is not required for an
off-road vehicle that is:
(1) owned and used by the United States, the state, another
state, or a political subdivision; or
(2) registered in another state or country and has not been
in this state for more than 30 consecutive days.
Subd. 3. [APPLICATION; ISSUANCE.] Application for
registration or continued registration must be made to the
commissioner, or an authorized deputy registrar of motor
vehicles on a form prescribed by the commissioner. The form
must state the name and address of every owner of the off-road
vehicle and must be signed by at least one owner. Upon receipt
of the application and the appropriate fee, the commissioner
shall register the off-road vehicle and assign a registration
number that must be affixed to the vehicle in accordance with
subdivision 4. A deputy registrar of motor vehicles acting
under section 168.33 is also a deputy registrar of off-road
vehicles. The commissioner of natural resources in cooperation
with the commissioner of public safety may prescribe the
accounting and procedural requirements necessary to ensure
efficient handling of registrations and registration fees.
Deputy registrars shall strictly comply with the accounting and
procedural requirements. A fee of 50 cents in addition to other
fees prescribed by law must be charged for each off-road vehicle
registered by a deputy registrar, and must be deposited in the
treasury of the jurisdiction where the deputy is appointed, or
retained if the deputy is not a public official.
Subd. 4. [REGISTRATION STICKER.] An off-road vehicle must
display a registration sticker issued by the commissioner. If
the vehicle is licensed as a motor vehicle, the registration
sticker must be affixed on the upper left corner of the rear
license plate. If the vehicle is not licensed as a motor
vehicle, the owner shall provide a plate not less than four
inches high and 7-1/2 inches wide. The plate must be attached
to the rear of the vehicle at least 12 inches from the ground.
The registration sticker must be affixed on the upper left
corner of the plate. Plates and registration stickers must be
maintained in a clean and legible condition.
Subd. 5. [REGISTRATION CARD; REPLACEMENT FEE.] The
commissioner shall provide to the registrant a registration card
that includes the registration number, date of expiration, make
and serial number of the off-road vehicle, owner's name and
address, and additional information the commissioner may
require. Information concerning each registration must be kept
by the commissioner. If a registration card is lost or
destroyed, the commissioner shall issue a replacement
registration card on payment of a fee of $4. The fees collected
from replacement registration cards must be credited to the
off-road vehicle account in the natural resources fund.
Subd. 6. [REGISTRATION FEES.] (a) The fee for registration
of an off-road vehicle under this section, other than those
registered by a dealer or manufacturer under paragraph (b) or
(c), is $30 for three years and $4 for a duplicate or transfer.
(b) The total registration fee for off-road vehicles owned
by a dealer and operated off-road for demonstration or testing
purposes is $50 per year. Dealer registrations are not
transferable.
(c) The total registration fee for off-road vehicles owned
by a manufacturer and operated off-road 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 off-road vehicle account in the natural
resources fund.
Subd. 7. [RENEWAL.] An owner of an off-road vehicle must
renew registration in a manner prescribed by the commissioner
upon payment of the appropriate registration fee under
subdivision 5.
Subd. 8. [LICENSING BY POLITICAL SUBDIVISIONS.] A
political subdivision may not require licensing or registration
of off-road vehicles regulated under sections 1 to 9.
Subd. 9. [REGISTRATION BY MINORS PROHIBITED.] A person
under the age of 18 may not register an off-road vehicle.
Sec. 3. [84.799] [VEHICLE IDENTIFICATION NUMBER.]
An off-road vehicle manufactured after January 1, 1995, and
sold in the state must have a manufacturer's permanent
identification number stamped in letters and numbers on the
vehicle.
Sec. 4. [84.80] [RULEMAKING; ACCIDENT REPORT.]
Subdivision 1. [RULES.] The commissioner shall adopt rules
under chapter 14 relating to:
(1) the use of off-road vehicles, in a manner consistent
with protection of the environment, on public lands and waters
under the jurisdiction of the commissioner of natural resources,
including measures to minimize adverse impacts on soils, waters,
vegetation, and wildlife;
(2) off-road vehicle equipment and safety standards, in
consultation with the commissioner of public safety;
(3) uniform signs to be used by the state, counties, and
cities to control, direct, or regulate the operation and use of
off-road vehicles; and
(4) maximum off-road vehicle sound levels.
Subd. 2. [ACCIDENT REPORT; REQUIREMENT AND FORM.] The
operator and an officer investigating an accident involving an
off-road vehicle and resulting in injury requiring medical
attention or hospitalization, death, or total damage of $300 or
more shall forward within ten days a written report of the
accident to the commissioner of natural resources on a form
prescribed by either the commissioner or the commissioner of
public safety.
Sec. 5. [84.801] [SIGNAL FROM OFFICER TO STOP.]
It is unlawful for an off-road vehicle operator, after
having received a visual or audible signal from a law
enforcement officer to come to a stop, to:
(1) operate an off-road vehicle in willful or wanton
disregard of the signal to stop;
(2) interfere with or endanger the law enforcement officer
or another person or vehicle; or
(3) increase speed or attempt to flee or elude the officer.
Sec. 6. [84.802] [YOUTHFUL OPERATORS; PROHIBITIONS.]
(a) A person under 16 years of age may not operate an
off-road vehicle.
(b) Except for operation on public road rights-of-way that
is permitted under section 8, a driver's license issued by the
state or another state is required to operate an off-road
vehicle along or on a public road right-of-way.
(c) An owner of an off-road vehicle may not knowingly allow
it to be operated in violation of this section.
Sec. 7. [84.803] [OFF-ROAD VEHICLE ACCOUNT.]
Subdivision 1. [REGISTRATION REVENUE.] Fees from the
registration of off-road vehicles must be deposited in the state
treasury and credited to the off-road vehicle account in the
natural resources fund.
Subd. 2. [PURPOSES.] Subject to appropriation by the
legislature, money in the off-road vehicle account may only be
spent for:
(1) administration and implementation of sections 1 to 9
and 18;
(2) acquisition, maintenance, and development of off-road
vehicle trails and use areas;
(3) grant-in-aid programs to counties and municipalities to
construct and maintain off-road vehicle trails and use areas;
and
(4) grants-in-aid to local safety programs.
Sec. 8. [84.804] [OPERATION REQUIREMENTS; LOCAL
REGULATION.]
Subdivision 1. [OPERATION ON PUBLIC ROAD RIGHTS-OF-WAY.]
(a) A person may not operate a vehicle off-road within a public
road right-of-way in this state except on a trail designated by
the commissioner and approved by the unit of government having
jurisdiction over the right-of-way.
(b) A person may not operate a vehicle off-road within a
public road right-of-way 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
traffic on the nearest lane of the road.
(c) A person may not operate an off-road vehicle within the
right-of-way of an interstate highway.
Subd. 2. [CROSSING PUBLIC ROAD RIGHTS-OF-WAY.] (a) An
off-road vehicle not registered under chapter 168 may make a
direct crossing of a public road right-of-way for the purpose of
continuing on a designated off-road trail if:
(1) the crossing is made at an angle of approximately 90
degrees to the direction of the 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 road;
(3) the driver yields the right-of-way to all traffic;
(4) in crossing a divided road, the crossing is made only
at an intersection of the road with another public 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.
(b) An off-road vehicle not registered under chapter 168
may be operated on a bridge, other than a bridge that is part of
the main traveled lanes of an interstate highway, or a roadway
shoulder or inside bank of a public road right-of-way when
required to avoid obstructions to travel and no other method of
avoidance is possible, provided that the vehicle is operated in
the farthest 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.
(c) A person may not operate an off-road vehicle on a
public street or highway unless the off-road vehicle is equipped
with at least one headlight and one taillight, each of minimum
candlepower as prescribed by rules of the commissioner, 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.
(d) Chapter 169 applies to the operation of off-road
vehicles on streets and highways, except that those provisions
that by their nature have no application and those provisions
relating to required equipment do not apply to vehicles not
registered under chapter 168. Sections 169.121 to 169.129 apply
to the operation of off-road vehicles anywhere in the state and
on the ice of boundary waters.
(e) A road authority, as defined in section 160.02,
subdivision 9, may, with the approval of the commissioner,
designate access trails on public road rights-of-way for gaining
access to established off-road vehicle trails.
Subd. 3. [OPERATION GENERALLY.] A person may not drive or
operate a vehicle off-road:
(1) at a rate of speed greater than is reasonable under the
surrounding circumstances;
(2) in a careless, reckless, or negligent manner which may
endanger or cause injury or damage to the person or property of
another;
(3) without a functioning stoplight if so equipped;
(4) in a tree nursery or planting in a manner that damages
or destroys growing stock;
(5) without a brake operational by either hand or foot; or
(6) in a manner that violates rules adopted by the
commissioner.
Subd. 4. [OPERATION PROHIBITED ON AIRPORTS.] It is
unlawful for a person to drive or operate an off-road vehicle on
an airport, as defined in section 360.013, subdivision 5, except
in connection with the operation of the airport.
Subd. 5. [ORGANIZED CONTESTS.] (a) Nothing in this section
or chapter 169 prohibits the use of vehicles off-road within the
right-of-way of a state trunk or county state-aid highway or on
public lands or waters under the jurisdiction of the
commissioner in an organized contest or event, subject to the
consent of the official or board having jurisdiction over the
highway or public lands or waters.
(b) In permitting the contest or event, the official or
board having jurisdiction must obtain the commissioner's
approval and may prescribe restrictions or conditions it
considers advisable.
Subd. 6. [REGULATION BY POLITICAL SUBDIVISIONS.] (a)
Subject to paragraphs (b) and (c), a county, city, or town
acting through its governing body may regulate the operation of
off-road vehicles on public lands, waters, and property under
its jurisdiction, other than public road rights-of-way within
its boundaries, by ordinance of the governing body and by giving
appropriate notice.
(b) The ordinance must be consistent with sections 1 to 9
and rules adopted under section 4.
(c) An ordinance may not impose a fee for the use of public
land or water under the jurisdiction of the department of
natural resources or another agency of the state, or for the use
of an access to the public land or water owned by the state, a
county, or a city.
Sec. 9. [84.805] [PENALTIES.]
A person who violates any provision of sections 1 to 8 is
guilty of a misdemeanor.
Sec. 10. Minnesota Statutes 1992, section 85.018,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] For the purposes of this
section:
(a) "Trail" means a recreational trail, which is funded in
whole or in part by state grants-in-aid to a local unit of
government "All-terrain vehicle" has the meaning given in
section 84.92, subdivision 8.
(b) "Commissioner" means the commissioner of the state
agency from which the grants-in-aid are received.
(c) "Off-road vehicle" has the meaning given in section 1,
subdivision 7.
(d) "Snowmobile" has the meaning given in section 84.81,
subdivision 3.
(e) "Trail" means a recreational trail that is funded in
whole or in part by state grants-in-aid to a local unit of
government.
Sec. 11. Minnesota Statutes 1992, section 85.018,
subdivision 2, is amended to read:
Subd. 2. [AUTHORITY OF LOCAL GOVERNMENT.] (a) A local
government unit that receives state grants-in-aid for any trail,
with the concurrence of the commissioner, and the landowner or
land lessee, may:
(1) designate the trail for use by snowmobiles or for
nonmotorized use from December 1 to April 1 of any year; and
(2) issue any permit required under subdivisions 3 to 5.
(b) A local government unit that receives state
grants-in-aid under section 7, subdivision 2, or section 84.927,
subdivision 2, for any trail, with the concurrence of the
commissioner, and landowner or land lessee, may:
(1) designate the trail specifically for use at various
times of the year by all-terrain or off-road vehicles, for
nonmotorized use such as ski touring, snowshoeing, and hiking,
and for multiple use, but not for motorized and nonmotorized use
at the same time; and
(2) issue any permit required under subdivisions 3 to 5.
(c) A local unit of government that receives state
grants-in-aid for any trail, with the concurrence of the
commissioner and landowner or land lessee, may designate certain
trails for joint use by snowmobiles and, all-terrain and
off-road vehicles.
Sec. 12. Minnesota Statutes 1992, section 85.018,
subdivision 3, is amended to read:
Subd. 3. [MOTORIZED USE; PERMITS, RESTRICTIONS.] Permits
may be issued for motorized vehicles, other than those
designated, to use a trail designated for use by snowmobiles or,
all-terrain or off-road vehicles. Notice of the permit must be
conspicuously posted, at the expense of the permit holder, at no
less than one-half mile intervals along the trail, for the
duration of the permit. Permits shall require that permit
holders return the trail and any associated facility to their
original condition if any damage is done by the permittee.
Limited permits for special events such as races may be issued
and shall require the removal of any trail markers, banners and
other material used in connection with the special event.
Sec. 13. Minnesota Statutes 1992, section 85.018,
subdivision 5, is amended to read:
Subd. 5. [SNOWMOBILE AND ALL-TERRAIN MOTORIZED VEHICLE
TRAILS RESTRICTED.] (a) From December 1 to April 1 in any year
no use of a motorized vehicle other than a snowmobile, unless
authorized by permit, lease or easement, shall be permitted on a
trail designated for use by snowmobiles.
(b) From December 1 to April 1 in any year no use of a
motorized vehicle other than an all-terrain or off-road vehicle,
unless authorized by permit, shall be permitted on a trail
designated for use by all-terrain vehicles, off-road vehicles,
or both.
Sec. 14. Minnesota Statutes 1992, section 171.03, is
amended to read:
171.03 [PERSONS EXEMPT.]
The following persons are exempt from license hereunder:
(1) a 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,
except that only a noncivilian operator of a commercial motor
vehicle owned or leased by the United States Department of
Defense or the Minnesota national guard is exempt from the
requirement to possess a valid commercial motor vehicle driver's
license;
(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 and an off-road vehicle, as defined in section 1,
subdivision 7, are not implements 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) a nonresident who has in immediate possession a valid
commercial driver's license issued by a state in compliance with
the Commercial Motor Vehicle Safety Act of 1986, United States
Code, title 49, sections 521, 2304, and 2701 to 2716, and who is
operating in Minnesota the class of commercial motor vehicle
authorized by the issuing state;
(5) 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;
(6) 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;
(7) any person who becomes a resident of the state of
Minnesota and who has in possession a valid commercial driver's
license issued by another state in compliance with the
Commercial Motor Vehicle Safety Act of 1986, United States Code,
title 49, sections 521, 2304, and 2701 to 2716, for not more
than 30 days after becoming a resident of this state; and
(8) any person operating a snowmobile, as defined in
section 84.81.
Sec. 15. Minnesota Statutes 1992, section 466.03,
subdivision 16, is amended to read:
Subd. 16. Any claim against a county, arising from the
operation of an all-terrain vehicle, as defined in section
84.92, subdivision 8, or an off-road vehicle, as defined in
section 1, subdivision 7, 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. 16. [DETERMINATION OF TAX ALLOCATION; REPORT TO
LEGISLATURE.]
The commissioners of natural resources, revenue, and
transportation shall jointly determine the amount of unrefunded
gasoline tax attributable to off-road vehicle use in the state
and shall report to the legislature by March 1, 1994, with a
proposed revision to Minnesota Statutes, section 296.16, to
reflect the results of this determination.
Sec. 17. [LEGISLATIVE REPORT ON REGISTRATION AND USE.]
By January 1, 1995, the commissioner of natural resources
shall report to the legislature on the number of off-road
vehicles registered under section 2 and the growth patterns of
off-road vehicle use in the state.
Sec. 18. [COMPREHENSIVE RECREATIONAL USE PLAN; LEGISLATIVE
REPORT.]
By January 1, 1995, the commissioner of natural resources
shall report to the legislature on the development of, and shall
develop a comprehensive plan for the management of, off-road
vehicle use in the outdoor recreation system and on other public
lands and waters, including forest and other recreational or
scenic areas, forest roads, and trails used by or suitable for
use by all or particular types of off-road vehicles, that are
under the jurisdiction of the department of natural resources.
The plan, at a minimum, must set forth methods, criteria,
standards, and timetables for:
(1) the inventorying, by appropriate means, of areas,
forest roads, and trails in the outdoor recreation system and
other public lands and waters used by or suitable for use by
off-road vehicles;
(2) the identification and evaluation of the suitability of
areas, forest roads, and trails to sustain off-road vehicle use;
(3) the preservation of easements granted for public use by
off-road vehicles when land is exchanged or reclassified;
(4) the designation by appropriate means of areas, forest
roads, and trails for unrestricted or restricted off-road
vehicle use, or as closed to off-road vehicle use, including by
posting, issuance of maps, or fencing; and
(5) the development of resource management plans to
maintain unrestricted or restricted areas, forest roads, or
trails and to restore or reconstruct damaged areas, forest
roads, or trails, including consideration of the social,
economic, and environmental impact of off-road vehicle use.
Sec. 19. [APPROPRIATIONS; REIMBURSEMENT; INCREASED
COMPLEMENT.]
(a) $150,000 is appropriated from the general fund to the
commissioner of natural resources for the purposes of sections 1
to 18 and is available for the fiscal year ending June 30,
1994. The approved complement of the department of natural
resources is increased by 1 position.
(b) $124,000 is appropriated from the off-road vehicle
account to the commissioner of natural resources for the
purposes of sections 1 to 18 and is available for the fiscal
year ending June 30, 1995.
(c) Amounts spent by the commissioner of natural resources
from the appropriation in paragraph (a) must be reimbursed by
June 30, 1995, to the general fund. The amount necessary to
make the reimbursement is appropriated from the off-road vehicle
account in the natural resources fund to the commissioner of
finance for transfer to the general fund.
Sec. 20. [EFFECTIVE DATE.]
Section 16 is effective the day following final enactment.
Presented to the governor May 17, 1993
Signed by the governor May 20, 1993, 2:10 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes