Minnesota Session Laws - 1995, Regular Session

                             CHAPTER 99-H.F.No. 464 
                  An act relating to motor vehicles; limiting license 
                  plate impoundment provisions to self-propelled motor 
                  vehicles; amending Minnesota Statutes 1994, sections 
                  168.041, subdivisions 1, 2, and 3; and 168.042, 
                  subdivisions 2, 3, 5, 13, and 14. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1994, section 168.041, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DRIVING AFTER LICENSE INVALIDATED.] When a 
        person is convicted of driving a self-propelled motor vehicle 
        after the suspension, revocation, or cancellation of the 
        person's driver's license or driving privileges, the court shall 
        require the registration plates of the self-propelled motor 
        vehicle involved in the violation owned by the person or 
        registered in the person's name to be surrendered to the court.  
        The court shall issue a receipt for the surrendered registration 
        plates. 
           If the violator is not the owner of the self-propelled 
        motor vehicle, the court shall require the registration plates 
        of the motor vehicle to be surrendered to the court if the 
        vehicle was used by the violator with the permission of the 
        owner and the owner had knowledge of the fact that the 
        violator's driver's license had been revoked or suspended prior 
        to the commission of the offense. 
           Sec. 2.  Minnesota Statutes 1994, section 168.041, 
        subdivision 2, is amended to read: 
           Subd. 2.  [MOVING VIOLATION FOLLOWING PREVIOUS CONVICTION.] 
        If a person is convicted of violating a law or municipal 
        ordinance, except a parking law or ordinance, regulating the 
        operation of motor vehicles on the streets or highways, and the 
        record of the person so convicted shows a previous conviction 
        for driving after suspension or revocation of the person's 
        driver's license or driving privileges, the court may direct the 
        commissioner of public safety to suspend the driver's license of 
        the person for a period not exceeding one year.  The court may 
        also require the registration plates of any self-propelled motor 
        vehicle owned by the violator or registered in the violator's 
        name to be surrendered to the court. 
           Sec. 3.  Minnesota Statutes 1994, section 168.041, 
        subdivision 3, is amended to read: 
           Subd. 3.  [OTHER CONVICTIONS.] Except as otherwise provided 
        in section 168.042, if a person is convicted of an offense that 
        makes mandatory the revocation of the person's driver's license, 
        or is convicted of driving a self-propelled motor vehicle 
        without having a valid driver's license in force, the court may 
        require the registration plates of any self-propelled motor 
        vehicle owned by the person or any motor vehicle registered in 
        the person's name to be surrendered to the court. 
           Sec. 4.  Minnesota Statutes 1994, section 168.042, 
        subdivision 2, is amended to read: 
           Subd. 2.  [VIOLATION; ISSUANCE OF IMPOUNDMENT ORDER.] The 
        commissioner shall issue a registration plate impoundment order 
        when: 
           (1) a person's driver's license or driving privileges are 
        revoked for a third violation, as defined in subdivision 1, 
        paragraph (c), clause (1), within five years or a fourth or 
        subsequent violation, as defined in subdivision 1, paragraph 
        (c), clause (1), within 15 years; 
           (2) a person's driver's license or driving privileges are 
        revoked for a violation of section 169.121, subdivision 3, 
        paragraph (c), clause (4), within five years of one previous 
        violation or within 15 years of two or more previous violations, 
        as defined in subdivision 1, paragraph (c), clause (1); or 
           (3) a person is arrested for or charged with a violation 
        described in subdivision 1, paragraph (c), clause (2) or (3).  
           The order shall require the impoundment of the registration 
        plates of the self-propelled motor vehicle involved in the 
        violation and all self-propelled motor vehicles owned by, 
        registered, or leased in the name of the violator, 
        including self-propelled motor vehicles registered jointly or 
        leased in the name of the violator and another.  An impoundment 
        order shall not be issued for the registration plates of a 
        rental vehicle as defined in section 168.041, subdivision 10, or 
        a vehicle registered in another state. 
           Sec. 5.  Minnesota Statutes 1994, section 168.042, 
        subdivision 3, is amended to read: 
           Subd. 3.  [NOTICE OF IMPOUNDMENT.] An impoundment order is 
        effective when the commissioner or a peace officer acting on 
        behalf of the commissioner notifies the violator or the 
        registered owner of the self-propelled motor vehicle of the 
        intent to impound and order of impoundment.  The notice must 
        advise the violator of the duties and obligations set forth in 
        subdivision 6 and of the right to obtain administrative and 
        judicial review.  The notice to the registered owner who is not 
        the violator must include the procedure to obtain new 
        registration plates under subdivision 8.  If mailed, the notice 
        and order of impoundment is deemed received three days after 
        mailing to the last known address of the violator or the 
        registered owner. 
           Sec. 6.  Minnesota Statutes 1994, section 168.042, 
        subdivision 5, is amended to read: 
           Subd. 5.  [TEMPORARY PERMIT.] If the self-propelled motor 
        vehicle is registered to the violator, the officer shall issue a 
        temporary vehicle permit that is valid for seven days when the 
        officer issues the notices under subdivision 4.  If 
        the self-propelled motor vehicle is registered in the name of 
        another, the officer shall issue a temporary vehicle permit that 
        is valid for 45 days when the notices are issued under 
        subdivision 3.  The permit must be in a form determined by the 
        registrar and whenever practicable must be posted on the left 
        side of the inside rear window of the vehicle.  A permit is 
        valid only for the vehicle for which it is issued. 
           Sec. 7.  Minnesota Statutes 1994, section 168.042, 
        subdivision 13, is amended to read: 
           Subd. 13.  [SALE OF VEHICLE SUBJECT TO IMPOUNDMENT ORDER.] 
        A registered owner may not sell a self-propelled motor vehicle 
        during the time its registration plates have been ordered 
        impounded or during the time its registration plates bear a 
        special series number, unless: 
           (1) the sale is for a valid consideration; 
           (2) the transferee does not reside in the same household as 
        the registered owner; and 
           (3) all elements of section 168A.10 are satisfied. 
           The registrar may then transfer the title to the new owner 
        upon proper application and issue new registration plates. 
           Sec. 8.  Minnesota Statutes 1994, section 168.042, 
        subdivision 14, is amended to read: 
           Subd. 14.  [MISDEMEANOR OFFENSES.] A person is guilty of a 
        misdemeanor who: 
           (1) fails to comply with an impoundment order under this 
        section; 
           (2) files a false statement under subdivision 5 or 6; 
           (3) operates a self-propelled motor vehicle on a street or 
        highway when the vehicle is subject to an impoundment order 
        issued under this section; or 
           (4) fails to notify the commissioner of the impoundment 
        order when requesting new plates. 
           Presented to the governor April 27, 1995 
           Signed by the governor April 28, 1995, 2:58 p.m.