Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1994, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 536-H.F.No. 2508
An act relating to motor vehicles; making technical
corrections; exempting license plates on state lottery
vehicles from registration tax when used for security
or criminal investigation purposes; taxing commuter
vans as buses for vehicle registration purposes;
allowing holder of personalized license plates to have
priority for those plates in next registration period
as long as holder keeps registration current;
providing for temporary 60-day permits while waiting
for special ready reserve license plates or special
collegiate license plates; requiring vehicle dealers
to file information relating to temporary registration
permits issued to new purchasers; requiring drive-away
in transit license plates and insurance for
transporting vehicles; regulating vehicle dealers;
requiring that parking certificate for disabled person
hang from rearview mirror; specifying parking
certificate expiration times for persons with
permanent and temporary disabilities; clarifying an
exemption for towing authorities from four-hour
waiting period; requiring district court agents to
retain filing fee for receiving and forwarding
drivers' license applications and fees; requiring
secured parties to be notified when a dealer buys a
late model or high value salvage vehicle; providing
exemption from uniform fire code for dispensing
certain flammable liquids; amending Minnesota Statutes
1992, sections 168.011, subdivision 7; 168.012, by
adding a subdivision; 168.013, subdivision 1f, and by
adding a subdivision; 168.053, subdivision 1; 168.054;
168.09, subdivision 7; 168.092, subdivision 2; 168.12,
subdivision 2a; 168.126, subdivision 1; 168.27,
subdivisions 1, 12, 13, 15, 16, and 17; 168A.11,
subdivision 2; 168A.153, subdivision 2; 169.041,
subdivision 4; 169.345, subdivision 1; and 325F.662,
subdivision 3; Minnesota Statutes 1993 Supplement,
sections 169.345, subdivision 3; and 171.06,
subdivision 4; proposing coding for new law in
Minnesota Statutes, chapter 299F.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1992, section 168.011,
subdivision 7, is amended to read:
Subd. 7. [PASSENGER AUTOMOBILE.] "Passenger automobile"
means any motor vehicle designed and used for the carrying of
not more than 15 persons including the driver. "Passenger
automobile" does not include motorcycles, motor scooters, and
buses described in subdivision 9, paragraph (a), clause (2). For
purposes of taxation only, "passenger automobile" includes
pickup trucks and vans, other than commuter vans as defined in
section 168.126.
Sec. 2. Minnesota Statutes 1992, section 168.012, is
amended by adding a subdivision to read:
Subd. 1d. [STATE LOTTERY VEHICLES.] Unmarked passenger
vehicles used by the state lottery for the purpose of conducting
security or criminal investigations or ensuring that lottery
retailers are in compliance with law and with their contracts
are not required to display tax-exempt number plates, but must
be registered and must display passenger vehicle license
plates. The registrar shall furnish the license plates to the
director of the state lottery at cost. On applying for initial
registration or renewal of a registration under this
subdivision, the director of the state lottery must certify, on
a form prescribed by the registrar and signed by the director,
that the vehicles will be used exclusively for the purposes of
this subdivision.
Sec. 3. Minnesota Statutes 1992, section 168.013,
subdivision 1f, is amended to read:
Subd. 1f. [BUSES.] On all intercity buses, the tax during
each the first two years of vehicle life shall be based on the
gross weight of the vehicle and graduated according to the
following schedule:
Gross Weight of Vehicle Tax
Under 6,000 lbs. ............................ $125
6,000 to 8,000 lbs., incl. ................ 125
8,001 to 10,000 lbs., incl. ................ 125
10,001 to 12,000 lbs., incl. ................ 150
12,001 to 14,000 lbs., incl. ................ 190
14,001 to 16,000 lbs., incl. ................ 210
16,001 to 18,000 lbs., incl. ................ 225
18,001 to 20,000 lbs., incl. ................ 260
20,001 to 22,000 lbs., incl. ................ 300
22,001 to 24,000 lbs., incl. ................ 350
24,001 to 26,000 lbs., incl. ................ 400
26,001 to 28,000 lbs., incl. ................ 450
28,001 to 30,000 lbs., incl. ................ 500
30,001 and over ............................. 550
During each of the third and fourth years of vehicle life,
the tax shall be 75 percent of the foregoing scheduled tax;
during the fifth year of vehicle life, the tax shall be 50
percent of the foregoing scheduled tax; during the sixth year of
vehicle life, the tax shall be 37-1/2 percent of the foregoing
scheduled tax; and during the seventh and each succeeding year
of vehicle life, the tax shall be 25 percent of the foregoing
scheduled tax; provided that the annual tax paid in any year of
its life for an intercity bus shall be not less than $175 for a
vehicle of over 25 passenger seating capacity and not less than
$125 for a vehicle of 25 passenger and less seating capacity.
On all intracity buses operated by an auto transportation
company in the business of transporting persons for compensation
as a common carrier and operating within the limits of cities
having populations in excess of 200,000 inhabitants, the tax
during each year of the vehicle life of each such bus shall be
$40; on all of such intracity buses operated in cities having a
population of less than 200,000 and more than 70,000
inhabitants, the tax during each year of vehicle life of each
bus shall be $10; and on all of such intracity buses operating
in cities having a population of less than 70,000 inhabitants,
the tax during each year of vehicle life of each bus shall be $2.
On all other buses and commuter vans, as defined in section
168.126, the tax during each of the first three years of the
vehicle life shall be based on the gross weight of the vehicle
and graduated according to the following schedule: Where the
gross weight of the vehicle is 6,000 pounds or less, $25. Where
the gross weight of the vehicle is more than 6,000 pounds, and
not more than 8,000 pounds, the tax shall be $25 plus an
additional tax of $5 per ton for the ton or major portion in
excess of 6,000 pounds. Where the gross weight of the vehicle
is more than 8,000 pounds, and not more than 20,000 pounds, the
tax shall be $30 plus an additional tax of $10 per ton for each
ton or major portion in excess of 8,000 pounds. Where the gross
weight of the vehicle is more than 20,000 pounds and not more
than 24,000 pounds, the tax shall be $90 plus an additional tax
of $15 per ton for each ton or major portion in excess of 20,000
pounds. Where the gross weight of the vehicle is more than
24,000 pounds and not more than 28,000 pounds, the tax shall be
$120 plus an additional tax of $25 per ton for each ton or major
portion in excess of 24,000 pounds. Where the gross weight of
the vehicle is more than 28,000 pounds, the tax shall be $170
plus an additional tax of $30 per ton for each ton or major
portion in excess of 28,000 pounds.
During the fourth and succeeding years of vehicle life, the
tax shall be 80 percent of the foregoing scheduled tax but in no
event less than $20 per vehicle.
Sec. 4. Minnesota Statutes 1992, section 168.013, is
amended by adding a subdivision to read:
Subd. 1k. [COMMUTER VAN.] A commuter van, as defined in
section 168.126, must be separately licensed and taxed annually
on the basis of total gross weight and the tax must be graduated
according to the schedule prescribed in subdivision 1f.
Sec. 5. Minnesota Statutes 1992, section 168.053,
subdivision 1, is amended to read:
Subdivision 1. Any person, firm, or corporation engaged in
the business of transporting motor vehicles owned by another, by
delivering, by drive-away or towing methods, either singly or by
means of the full mount method, the saddle mount method, the tow
bar method, or any other combination thereof, and under their
own power, vehicles over the highways of the state from the
manufacturer or any other point of origin, to any point of
destination, within or without the state, shall make application
to the registrar for a drive-away in transit license. This
application for annual license shall be accompanied by a
registration fee of $250 and contain such information as the
registrar may require. Upon the filing of the application and
the payment of the fee, the registrar shall issue to each
drive-away operator a general distinguishing number drive-away
in transit license plate, which number must be carried and
displayed on the power unit consistent with section 169.79 and
such number the plate shall remain on the vehicle while being
operated within the state. Additional drive-away in transit
license plates bearing the same distinguishing number desired by
any drive-away operator may be secured from the registrar of
motor vehicles upon the payment of a fee of $5 for each set of
additional license plates. Any person, firm, or corporation
engaging in the business as a drive-away operator, of
transporting and delivering by means of full mount method, the
saddle mount method, the tow bar method, or any combination
thereof, and under their own power, motor vehicles, who fails or
refuses to file or cause to be filed an application, as is
required by law, and to pay the fees therefor as the law
requires, shall be found guilty of violating the provisions of
sections 168.053 to 168.057; and, upon conviction, fined not
less than $50, and not more than $100, and all costs of court.
Each day so operating without securing the license and plates as
required therein shall constitute a separate offense within the
meaning thereof.
Sec. 6. Minnesota Statutes 1992, section 168.054, is
amended to read:
168.054 [LIABILITY INSURANCE POLICY.]
Any person pulling or towing any vehicle as provided in
section 168.053 designed, equipped, or intended to operate under
its own power, the pulling or towing being accomplished by
another vehicle when operating upon any public highway of the
state, shall obtain, before such pulling or towing, file with
the registrar a liability insurance policy or bond covering
public liability and property damage, issued by some insurance
or bonding company, or insurance carrier authorized to do
business in the state, which policy or bond shall be approved by
the registrar and be in the amount of $10,000 because of bodily
injury to or death of one person in any one accident, and,
subject to said limit for one person, in the amount of $100,000
because of bodily injury to or death of two or more persons in
any one accident, and in the amount of $5,000 because of injury
to or destruction of property of others in any one accident.
Sec. 7. Minnesota Statutes 1992, section 168.09,
subdivision 7, is amended to read:
Subd. 7. [DISPLAY OF TEMPORARY PERMIT; SPECIAL PLATES.] A
vehicle that displays a special plate issued under section
168.021; 168.12, subdivision 2, 2a, 2b, or 2c, or 2d; 168.123;
168.124; 168.125; 168.126; or 168.128; or 168.129 may display a
temporary permit in conjunction with expired registration if:
(1) the current registration tax and all other fees have
been paid in full; and
(2) the plate requires replacement under section 168.12,
subdivision 1, paragraph (3).
The permit is valid for a period of 60 days. The permit
must be in a form prescribed by the commissioner of public
safety and whenever practicable must be posted upon the driver's
side of the rear window on the inside of the vehicle. The
permit is valid only for the vehicle for which it was issued to
allow a reasonable time for the new license plates to be
manufactured and delivered to the applicant.
Sec. 8. Minnesota Statutes 1992, section 168.092,
subdivision 2, is amended to read:
Subd. 2. The registrar may issue a quantity of permits in
booklet form to licensed dealers. When issuing a permit, the
dealer shall immediately forward to the registrar information on
forms supplied by the registrar showing to whom the permit was
issued, the vehicle description, date of issue and expiration,
and such other information as the registrar may require complete
the permit in the manner prescribed by the department. One copy
of the permit shall be retained in sequential order in the
dealer's files.
Sec. 9. Minnesota Statutes 1992, section 168.12,
subdivision 2a, is amended to read:
Subd. 2a. [PERSONALIZED PLATES.] Personalized license
plates must be issued to an applicant for registration of a
passenger automobile including a passenger automobile registered
as a classic car, pioneer car, collector car, or street rod;
van; pickup truck; motorcycle including a classic 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 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 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 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 as long as current registration is
maintained. 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. A personalized license plate issued for a
classic car, pioneer car, collector car, street rod, or classic
motorcycle may not be transferred to a vehicle not eligible for
such a license plate.
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 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. 10. Minnesota Statutes 1992, section 168.126,
subdivision 1, is amended to read:
Subdivision 1. [UNIQUE REGISTRATION CATEGORY.] A unique
vehicle registration category is established for vehicles known
as commuter vans, as defined in section 221.011, subdivision
27. "Commuter van" means a vehicle having a capacity of seven
to 16 persons that meets the criteria set forth in section
221.011, subdivision 27.
Sec. 11. Minnesota Statutes 1992, section 168.27,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] For the purposes of this
section, the following terms have the meanings given them:
(1) "Leasing motor vehicles" means furnishing a motor
vehicle for a fee under a bailor-bailee relationship where no
incidences of ownership are intended to be transferred other
than the right to use the vehicle for a stated period of time.
(2) "Brokering motor vehicles" means arranging sales
between willing buyers and sellers of motor vehicles and
receiving a fee for said service.
(3) "Wholesaling motor vehicles" means selling new or used
motor vehicles to dealers for resale to the public.
(4) "Auctioning motor vehicles" means arranging for and
handling the sale of motor vehicles, not the property of the
auctioneer, to the highest bidder.
(5) "Dealer" includes licensed new motor vehicle dealers,
used motor vehicle dealers, wholesalers, auctioneers, lessors of
new or used motor vehicles, scrap metal processors, used vehicle
parts dealers, and salvage pools.
(6) "Commercial building" means a permanent, enclosed
building that is on a permanent foundation and connected to
local sewer and water facilities or otherwise complying with
local sanitary codes, is adapted to commercial use, and conforms
to local government zoning requirements. "Commercial building"
may include strip office malls or garages if a separate entrance
and a separate address are maintained and the dealership is
clearly identified as a separate business.
(7) "Commercial office space" means office space occupying
all or part of a commercial building.
(8) "Horse trailer" is a trailer designed and used to carry
horses and other livestock, which has not more than three axles
and a maximum gross weight capacity of not more than 24,000
pounds.
(9) "Isolated or occasional sales or leases" means the sale
or lease of not more than five motor vehicles in a 12-month
period, exclusive of pioneer or classic motor vehicles as
defined in section 168.10, subdivisions 1a and 1b, or sales by a
licensed auctioneer selling motor vehicles at an auction if, in
the ordinary course of the auctioneer's business, the sale of
motor vehicles is incidental to the sale of other real or
personal property.
(10) "Used motor vehicle" means a motor vehicle for which
title has been transferred from the person who first acquired it
from the manufacturer, distributor, or dealer. A new motor
vehicle will not be considered a used motor vehicle until it has
been placed in actual operation and not held for resale by an
owner who has been granted a certificate of title on the motor
vehicle and has registered the motor vehicle in accordance with
this chapter and chapters 168A and 297B, or the laws of the
residence of the owner.
(11) "New motor vehicle" means a motor vehicle other than
described in paragraph (10).
(12) "Junked vehicle" means a vehicle that is graded and
stamped as a "class D" total loss vehicle declared unrepairable
under section 168A.151.
(13) "Motor vehicle" has the meaning given it in section
168.011, subdivision 4, and also includes a park trailer as
defined in section 168.011, subdivision 8.
Sec. 12. Minnesota Statutes 1992, section 168.27,
subdivision 12, is amended to read:
Subd. 12. [GROUNDS FOR SUSPENSION AND REVOCATION.] A
license may be suspended or revoked by the registrar of motor
vehicles upon proof satisfactory to the registrar of any of the
following:
(1) violations of any of the provisions of this chapter
168, 168A, 297B, 325E, or 325F;
(2) violation of or refusal to comply with the requests and
order of the registrar;
(3) failure to make or provide to the registrar all
listings, notices, and reports required by the registrar;
(4) failure to pay to the registrar all taxes, fees, and
arrears due from and by such dealer;
(5) failure to duly apply for renewal of license provided
for herein;
(6) revocation of previous license, of which the records of
the registrar relating thereto shall be prima facie evidence of
such previous revocation;
(7) failure of continued occupancy of an established place
of business;
(8) sale of a new and unused current model motor vehicle
other than the make of motor vehicle described in the franchise
or contract filed with the original application or renewal
thereof, without permission from the registrar;
(9) sale of a new and unused current model motor vehicle to
anyone except for consumer use, or to a dealer duly licensed to
sell the same make of motor vehicle;
(10) material misstatement or misrepresentation in
application for license or renewal thereof;
(11) having advertised, printed, displayed, published,
distributed, broadcast or televised or caused or permitted to be
advertised, printed, displayed, published, distributed,
broadcast or televised in any manner whatsoever, or having made
orally any statement or representation with regard to the sale,
lease or financing of motor vehicles which is false, deceptive
or misleading;
(12) having been convicted of violating section 325F.69, or
having been enjoined due to a violation of section 325F.69;
(13) having been convicted of violating the Minnesota
odometer law, section 325E.14, 325E.15, or 325E.16, or the
federal odometer law, United States Code, title 15, sections
1981 to 1991, as amended through December 31, 1984;
(14) having been convicted of violating the sale of motor
vehicles on Sunday law, section 168.275; or
(15) having been convicted under section 609.53 of
receiving or selling stolen vehicles.
With respect to clauses (12), (13), and (15), the registrar
may suspend or revoke a license immediately upon receiving
certification of conviction or permanent injunction. A hearing
is required under subdivision 13 within 30 days following a
summary suspension or revocation under this paragraph, if a
hearing is requested by the licensee.
Sec. 13. Minnesota Statutes 1992, section 168.27,
subdivision 13, is amended to read:
Subd. 13. [SUSPENSION AND REVOCATION; HEARING.] The
registrar of motor vehicles, upon the registrar's own motion or
upon the complaint of another, shall prepare and cause to be
served upon the licensee complained of, a written notice or
complaint setting forth, in substance, the violations charged, a
statement of the deficiencies which exist and any corrective
action deemed appropriate. Said notice shall include a
statement that in the event corrective action is deemed
appropriate and corrective action is not taken, the dealer's
license may be suspended or revoked. The notice shall require
the licensee to appear at the time and place fixed therein
before the registrar or inspector, and show cause why the
license should not be suspended or revoked.
The registrar shall, at the time and place fixed in the
notice, proceed to hear and determine the matter on its merits.
All hearings shall be conducted in accordance with the
provisions of chapter 14, except that the provisions of section
14.50, shall not apply. The registrar is authorized to subpoena
witnesses and administer oaths. If the registrar shall find the
existence of any of the causes for suspension or revocation as
set forth in subdivision 12 and determine that corrective action
has not been taken or that corrective action will not prevent
repetition of the violations charged or that the public interest
will not be served by corrective action and the licensee's
license should be suspended or revoked, the registrar shall
issue a written order setting out the decision, and a copy of
such order shall be served upon such licensee in the manner
provided by law for the service of summons in a civil action.
On finding that the dealer has violated any of the provisions of
this section but that the nature of said violation or the
circumstances thereof are such that a suspension of the license
would be adequate, the registrar may, instead of revoking the
license suspend it for a period not exceeding 90 days. On
finding that the violation does not justify a suspension only,
the registrar shall revoke the license. Upon a suspension or
revocation, if it be a new or used motor vehicle dealer, said
licensee shall immediately return to the registrar all number
plates, including any "in transit" plates and temporary permits,
in its possession and its dealer's license certificate.
Sec. 14. Minnesota Statutes 1992, section 168.27,
subdivision 15, is amended to read:
Subd. 15. [ENFORCEMENT.] The registrar is hereby
authorized to enforce this section and is directed to appoint
under the registrar's hand not less than seven persons amongst
the registrar's several employees, as inspectors and
investigators and who when so appointed, shall have full
authority to enforce this section throughout the state. Before
entering upon their official duties, the oath of appointment of
each of the additional employees shall be filed in the office of
the secretary of state. The registrar, the registrar's
inspectors or investigators, when traveling or otherwise
pursuing their duties outside the office of the registrar, shall
be paid for their actual expenses incurred out of the same funds
as other employees of the registrar of motor vehicles. The
inspectors shall assist licensees in compliance with laws
governing licensees and administered hereunder.
Sec. 15. Minnesota Statutes 1992, section 168.27,
subdivision 16, is amended to read:
Subd. 16. [PLATES: DISTINGUISHING NUMBERS, FEES, TAXES,
USES.] (a) The registrar shall issue to every motor vehicle
dealer, upon a request from the motor vehicle dealer licensed as
provided in subdivision 2 or 3, one or more plates displaying a
general distinguishing number. This subdivision does not apply
to a scrap metal processor, a used vehicle parts dealer, or a
vehicle salvage pool. The fee for each of the first four plates
is $75 per calendar year, of which $60 must be paid to the
registrar and the remaining $15 is payable as motor vehicle
excise tax under section 297B.035. For each additional plate,
the dealer shall pay the registrar a fee of $25 and a motor
vehicle excise tax of $15 per calendar year. The registrar
shall deposit the tax in the state treasury and it shall be
credited as provided in section 297B.09. Motor vehicles, new or
used, owned by the motor vehicle dealer dealership and bearing
the number plate, except vehicles leased to the user who is not
an employee of the dealer during the term of the lease, held for
hire, or customarily used by the dealer as a tow truck, service
truck, or parts pickup truck vehicle, may be driven upon the
streets and highways of this state:
(1) by the motor vehicle dealer or dealer's spouse, or any
full-time employee of the motor vehicle dealer for either
private or business purposes;
(2) by a part-time employee when the use is directly
related to a particular business transaction of the dealer;
(3) for demonstration purposes by any prospective buyer
thereof for a period of 48 hours or in the case of a truck,
truck-tractor, or semitrailer, for a period of seven days; or
(4) in a promotional event that lasts no longer than four
days in which at least three motor vehicles are involved.
(b) A new or used motor vehicle sold by the motor vehicle
dealer and bearing the motor vehicle dealer's number plate may
be driven upon the public streets and highways for a period of
72 hours by the buyer for either of the following purposes: (1)
removing the vehicle from this state for registration in another
state, or (2) permitting the buyer to use the motor vehicle
before the buyer receives number plates pursuant to
registration. Use of a motor vehicle by the buyer under the
provisions of clause (2) of the preceding sentence before the
buyer receives number plates pursuant to registration
constitutes a use of the public streets or highways for the
purpose of the time requirements for registration of motor
vehicles.
Sec. 16. Minnesota Statutes 1992, section 168.27,
subdivision 17, is amended to read:
Subd. 17. [APPLICATION FOR IN TRANSIT PLATES.] Every
licensed dealer in motor vehicles may make application upon a
blank provided by the registrar for that purpose for a general
distinguishing number dealer in transit license plates for use
upon all new or used motor vehicles being transported from the
dealer's source of supply, or other place of storage, to the
dealer's place of business, or to another place of storage, or
from one dealer to another. A general distinguishing number
shall be assigned by the registrar to the dealer for that
purpose, and The registrar shall then issue to the dealer the
number of plates as the dealer may request, upon the payment by
the dealer to the registrar of the sum of $5 per plate per
calendar year. The plates shall be known as "in transit"
plates. The registrar may issue "in transit" plates, upon the
payment of the sum of $5 to the registrar, to dealers duly
licensed in other states or provinces upon information furnished
in the manner as the registrar may prescribe, and which
satisfies the registrar that persons or companies applying
therefor are duly licensed dealers under the laws of the states
or provinces.
Sec. 17. Minnesota Statutes 1992, section 168A.11,
subdivision 2, is amended to read:
Subd. 2. [PURCHASE RECEIPT.] A dealer, on buying a vehicle
which is subject to an outstanding certificate of title, shall
at the time of taking delivery of the vehicle execute in
triplicate a purchase receipt for the vehicle in a form
designated by the department, and deliver one copy to the
seller. Within 48 hours thereafter the dealer shall mail,
transmit, or deliver one copy of such receipt to the department.
Sec. 18. Minnesota Statutes 1992, section 168A.153,
subdivision 2, is amended to read:
Subd. 2. [LATE MODEL OR HIGH VALUE VEHICLES.] A dealer who
buys a late model or high value vehicle to be dismantled or
destroyed shall notify the secured party, if any, and then
surrender the certificate of title and a properly completed
application for a salvage certificate of title to the department
within ten days.
Sec. 19. Minnesota Statutes 1992, section 169.041,
subdivision 4, is amended to read:
Subd. 4. [TOWING ALLOWED.] A towing authority may tow a
motor vehicle without regard to the four-hour waiting period if:
(1) the vehicle is parked in violation of snow emergency
regulations;
(2) the vehicle is parked in a rush-hour restricted parking
area;
(3) the vehicle is blocking a driveway, alley, or fire
hydrant;
(4) the vehicle is parked in a bus lane, or at a bus stop,
during hours when parking is prohibited;
(5) the vehicle is parked within 30 feet of a stop sign and
visually blocking the stop sign;
(6) the vehicle is parked in a handicap transfer zone or
handicapped parking space without a handicapped parking
certificate or handicapped license plates;
(7) the vehicle is parked in an area that has been posted
for temporary restricted parking (i) at least 12 hours in
advance in a home rule charter or statutory city having a
population under 50,000, or (ii) at least 24 hours in advance in
another political subdivision;
(8) the vehicle is parked within the right-of-way of a
controlled access highway or within the traveled portion of a
public street when travel is allowed there;
(9) the vehicle is unlawfully parked in a zone that is
restricted by posted signs to use by fire, police, public
safety, or emergency vehicles;
(10) the vehicle is unlawfully parked on property at the
Minneapolis-St. Paul International Airport owned by the
metropolitan airports commission;
(11) a law enforcement official has probable cause to
believe that the vehicle is stolen, or that the vehicle
constitutes or contains evidence of a crime and impoundment is
reasonably necessary to obtain or preserve the evidence;
(12) the driver, operator, or person in physical control of
the vehicle is taken into custody and the vehicle is impounded
for safekeeping;
(13) a law enforcement official has probable cause to
believe that the owner, operator, or person in physical control
of the vehicle has failed to respond to five or more citations
for parking or traffic offenses;
(14) the vehicle is unlawfully parked in a zone that is
restricted by posted signs to use by taxicabs;
(15) the vehicle is unlawfully parked and prevents egress
by a lawfully parked vehicle; or
(16) the vehicle is parked, on a school day during
prohibited hours, in a school zone on a public street where
official signs prohibit parking.
Sec. 20. Minnesota Statutes 1992, section 169.345,
subdivision 1, is amended to read:
Subdivision 1. [SCOPE OF PRIVILEGE.] A vehicle that
prominently displays the certificate authorized by this section
or that bears license plates issued under section 168.021, may
be parked by or for a physically disabled person:
(1) in a designated 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 and without time restrictions unless time
restrictions are separately posted on official signs.
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 so
that it may be viewed from the front and rear of the vehicle by
hanging it from the rearview mirror attached to the front
windshield of the vehicle. If there is no rearview mirror, the
placard must be displayed on the dashboard. No part of the
certificate may be 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 disabled persons.
Sec. 21. Minnesota Statutes 1993 Supplement, section
169.345, subdivision 3, is amended to read:
Subd. 3. [IDENTIFYING CERTIFICATE.] (a) The division of
driver and vehicle services in the department of public safety
shall issue (1) immediately, a temporary permit valid for 30
days, if the person is eligible for the certificate issued under
this paragraph, and (2) a special identifying certificate for a
motor vehicle when a physically disabled applicant submits proof
of physical 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 six years, if the disability is specified in the
physician's or chiropractor's statement as permanent, and is
valid for a period not to exceed six months, if the disability
is specified as temporary.
(b) When the commissioner is satisfied that a motor vehicle
is used primarily for the purpose of transporting physically
disabled persons, the division may issue without charge (1)
immediately, a temporary permit valid for 30 days, if the
operator is eligible for the certificate issued under this
paragraph, and (2) a special identifying certificate for the
vehicle. The operator of a vehicle displaying the certificate
or temporary permit has the parking privileges provided in
subdivision 1 while the vehicle is in use for transporting
physically disabled persons. The certificate issued to a person
transporting physically 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 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 both sides. 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 applicant must have printed on the back
be provided a summary of the parking privileges and restrictions
that apply to each vehicle in for which it the certificate is
used. The commissioner may charge a fee of $5 for issuance or
renewal of a certificate or temporary permit, and a fee of $5
for a duplicate to replace a lost, stolen, or damaged
certificate or temporary permit. The commissioner shall not
charge a fee for issuing a certificate to a person who has paid
a fee for issuance of a temporary permit.
Sec. 22. Minnesota Statutes 1993 Supplement, section
171.06, subdivision 4, is amended to read:
Subd. 4. [APPLICATION, FILING; FEE RETAINED FOR EXPENSES.]
Any applicant for an instruction permit, a driver's license,
restricted license, or duplicate license may file an application
with a court administrator of the district court or at a state
office. The administrator or state office shall receive and
accept the application. To cover all expenses involved in
receiving, accepting, or forwarding to the department
applications and fees, the court administrator of the district
court may retain a county fee of $3.50 for each application for
a Minnesota identification card, instruction permit, duplicate
license, driver license, or restricted license. The amount
allowed to be retained by the court administrator of the
district court shall be paid into the county treasury and
credited to the general revenue fund of the county. Before the
end of the first working day following the final day of an
established reporting period, the court administrator shall
forward to the department all applications and fees collected
during the reporting period, less the amount herein allowed to
be retained for expenses. The court administrators of the
district courts may appoint agents to assist in accepting
applications, but the administrators shall require every agent
to forward to the administrators by whom the agent is appointed
all applications accepted and fees collected by the agent,
except that an agent may shall retain the county fee to cover
the agent's expenses involved in receiving, accepting or
forwarding the applications and fees. The court administrators
shall be responsible for the acts of agents appointed by them
and for the forwarding to the department of all applications
accepted and those fees collected by agents and by themselves as
are required to be forwarded to the department.
Sec. 23. Minnesota Statutes 1992, section 325F.662,
subdivision 3, is amended to read:
Subd. 3. [EXCLUSIONS.] Notwithstanding the provisions of
subdivision 2, a dealer is not required to provide an express
warranty for the following a used motor vehicles vehicle:
(1) vehicles sold for a total cash sale price of less than
$3,000, including the trade-in value of any vehicle traded in by
the consumer, but excluding tax, license fees, registration
fees, and finance charges;
(2) vehicles with engines an engine designed to use diesel
fuel;
(3) vehicles with a gross weight, as defined in section
168.011, subdivision 16, in excess of 9,000 pounds;
(4) vehicles that have has been custom-built or modified
for show or for racing;
(5) vehicles that are is eight years of age or older, as
calculated from the first day in January of the designated model
year of the vehicle;
(6) vehicles that have has been produced by a manufacturer
which has never manufactured more than 10,000 motor vehicles in
any one year;
(7) vehicles having that has 75,000 miles or more at time
of sale;
(8) vehicles that are has not been manufactured in
compliance with applicable federal emission standards in force
at the time of manufacture as provided by the Clean Air Act,
United States Code, title 42, sections 7401 through 7642, and
regulations adopted pursuant thereto, and safety standards as
provided by the National Traffic and Motor Safety Act, United
States Code, title 15, sections 1381 through 1431, and
regulations adopted pursuant thereto; and or
(9) a vehicle which, when it is sold, is unrepaired and
would be classified as a class C total loss vehicle that has
been issued a salvage certificate of title under section
168A.151, or has unrepaired damage in excess of $5,000.
Sec. 24. [299F.013] [FUEL DISPENSING.]
Any rule of the commissioner of public safety that adopts
provisions of the uniform fire code relating to flammable and
combustible liquids must permit the dispensing of class I and
class II liquids from a fuel-dispensing system supplied by
exterior aboveground tanks, for operations not open to the
public. The following dispensing operations are permitted:
(1) dispensing of class I liquids from one tank having a
capacity of up to 560 gallons having the dispenser located on or
adjacent to the tank;
(2) dispensing of class II liquids from up to two tanks
having a capacity of up to 1,000 gallons each and having the
dispenser located on or adjacent to the tank.
Dispensing operations authorized under this section are
subject to all other applicable requirements of the uniform fire
code.
Presented to the governor April 26, 1994
Signed by the governor April 28, 1994, 2:22 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes