Office of the Revisor of Statutes
Minnesota Session Laws - 1996, Regular Session
Key: (1) language to be deleted (2) new language
KEY: stricken = old language to be removed
underscored = new language to be added
CHAPTER 435-H.F.No. 2402
An act relating to motor vehicles; abolishing vehicle
registration tax exemption for representatives of
foreign powers; allowing special license plates for
certain persons to be issued to owner of certain
trucks; removing restriction on time to apply for
disability plates; changing fee and certain
administrative procedures relating to the registration
program for fleet vehicles; abolishing requirements to
keep records of motor vehicles not using the highways
and to prepare certain unnecessary reports; defining
motorized bicycles to include electric-assisted
bicycles; providing for operation of electric-assisted
bicycles; making various technical changes; amending
Minnesota Statutes 1994, sections 65B.001, subdivision
5; 65B.43, subdivision 13; 168.011, subdivision 27;
168.021, subdivision 1; 168.12, subdivisions 2a and
2b; 168.127; 168.325, subdivision 1; 168.33,
subdivision 6; 168.34; 169.01, subdivision 4a, and by
adding a subdivision; 169.223, subdivisions 1 and 5;
and 171.01, subdivision 20; Minnesota Statutes 1995
Supplement, sections 168.012, subdivision 1; and
168.10, subdivision 1i; repealing Minnesota Statutes
1994, section 168.33, subdivisions 4 and 5.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1994, section 65B.001,
subdivision 5, is amended to read:
Subd. 5. [MOTORCYCLE.] "Motorcycle" means a self-propelled
vehicle designed to travel on fewer than four wheels that has an
engine rated at greater than five horsepower, and includes a
trailer with one or more wheels, when the trailer is connected
to or being towed by a motorcycle. For purposes of this
chapter, motorcycle includes a motorized bicycle as defined in
section 169.01, subdivision 4a, but does not include an
electric-assisted bicycle as defined in section 169.01,
subdivision 4b.
Sec. 2. Minnesota Statutes 1994, section 65B.43,
subdivision 13, is amended to read:
Subd. 13. "Motorcycle" means a self-propelled vehicle
designed to travel on fewer than four wheels which has an engine
rated at greater than five horsepower, and includes (1) a
trailer with one or more wheels, when the trailer is connected
to or being towed by a motorcycle; and (2) a motorized bicycle
as defined in section 169.01, subdivision 4a, but does not
include an electric-assisted bicycle as defined in section
169.01, subdivision 4b.
Sec. 3. Minnesota Statutes 1994, section 168.011,
subdivision 27, is amended to read:
Subd. 27. [MOTORIZED BICYCLE.] "Motorized bicycle" means a
bicycle that is propelled by a motor of a piston displacement
capacity of 50 cubic centimeters or less, and a maximum of two
brake horsepower, which is capable of a maximum speed of not
more than 30 miles per hour on a flat surface with not more than
one percent grade in any direction when the motor is
engaged. "Motorized bicycle" includes an electric-assisted
bicycle as defined in section 169.01, subdivision 4b.
Sec. 4. Minnesota Statutes 1995 Supplement, section
168.012, subdivision 1, is amended to read:
Subdivision 1. (a) The following vehicles are exempt from
the provisions of this chapter requiring payment of tax and
registration fees, except as provided in subdivision 1c:
(1) vehicles owned and used solely in the transaction of
official business by representatives of foreign powers, by the
federal government, the state, or any political subdivision;
(2) vehicles owned and used exclusively by educational
institutions and used solely in the transportation of pupils to
and from such institutions;
(3) vehicles used solely in driver education programs at
nonpublic high schools;
(4) vehicles owned by nonprofit charities and used
exclusively to transport disabled persons for educational
purposes;
(5) vehicles owned and used by honorary consul or consul
general of foreign governments; and
(6) ambulances owned by ambulance services licensed under
section 144.802, the general appearance of which is unmistakable.
(b) Vehicles owned by the federal government, municipal
fire apparatus including fire suppression support vehicles,
police patrols and ambulances, the general appearance of which
is unmistakable, shall not be required to register or display
number plates.
(c) Unmarked vehicles used in general police work, liquor
investigations, arson investigations, and passenger automobiles,
pickup trucks, and buses owned or operated by the department of
corrections shall be registered and shall display appropriate
license number plates which shall be furnished by the registrar
at cost. Original and renewal applications for these license
plates authorized for use in general police work and for use by
the department of corrections must be accompanied by a
certification signed by the appropriate chief of police if
issued to a police vehicle, the appropriate sheriff if issued to
a sheriff's vehicle, the commissioner of corrections if issued
to a department of corrections vehicle, or the appropriate
officer in charge if issued to a vehicle of any other law
enforcement agency. The certification must be on a form
prescribed by the commissioner and state that the vehicle will
be used exclusively for a purpose authorized by this section.
(d) Unmarked vehicles used by the departments of revenue
and labor and industry, fraud unit, in conducting seizures or
criminal investigations must be registered and must display
passenger vehicle classification license number plates which
shall be furnished at cost by the registrar. Original and
renewal applications for these passenger vehicle license plates
must be accompanied by a certification signed by the
commissioner of revenue or the commissioner of labor and
industry. The certification must be on a form prescribed by the
commissioner and state that the vehicles will be used
exclusively for the purposes authorized by this section.
(e) All other motor vehicles shall be registered and
display tax-exempt number plates which shall be furnished by the
registrar at cost, except as provided in subdivision 1c. All
vehicles required to display tax-exempt number plates shall have
the name of the state department or political subdivision, or
the nonpublic high school operating a driver education program,
on the vehicle plainly displayed on both sides thereof in
letters not less than 2-1/2 inches high and one-half inch wide;
except that each state hospital and institution for the mentally
ill and mentally retarded may have one vehicle without the
required identification on the sides of the vehicle, and county
social service agencies may have vehicles used for child and
vulnerable adult protective services without the required
identification on the sides of the vehicle. Such identification
shall be in a color giving contrast with that of the part of the
vehicle on which it is placed and shall endure throughout the
term of the registration. The identification must not be on a
removable plate or placard and shall be kept clean and visible
at all times; except that a removable plate or placard may be
utilized on vehicles leased or loaned to a political subdivision
or to a nonpublic high school driver education program.
Sec. 5. Minnesota Statutes 1994, section 168.021,
subdivision 1, is amended to read:
Subdivision 1. [SPECIAL PLATES; APPLICATION.] (a) When a
motor vehicle registered under section 168.017, a motorcycle, a
truck having a manufacturer's nominal rated capacity of one ton
and resembling a pickup truck, or a self-propelled recreational
vehicle is owned or primarily operated by a permanently
physically disabled person or a custodial parent or guardian of
a permanently physically disabled minor, the owner may apply for
and secure from the registrar of motor vehicles (1) immediately,
a temporary permit valid for 30 days, if the applicant is
eligible for the special plates issued under this paragraph, and
(2) two license plates with attached emblems, one plate to be
attached to the front, and one to the rear of the
vehicle. Application for the plates must be made at the time of
renewal or first application for registration. When the owner
first applies for the plates, the owner must submit a
physician's statement on a form developed by the commissioner
under section 169.345, or proof of physical disability provided
for in that section.
(b) The owner of a motor vehicle may apply for and secure
(i) immediately, a temporary permit valid for 30 days, if the
person is eligible to receive the special plates issued under
this paragraph, and (ii) a set of special plates for a motor
vehicle if:
(1) the owner employs a permanently physically disabled
person who would qualify for special plates under this section;
and
(2) the owner furnishes the motor vehicle to the physically
disabled person for the exclusive use of that person in the
course of employment.
Sec. 6. Minnesota Statutes 1995 Supplement, section
168.10, subdivision 1i, is amended to read:
Subd. 1i. [COLLECTOR PLATE TRANSFERS.] Notwithstanding
section 168.12, subdivision 1, on payment of a transfer fee of
$5, plates issued under this section may be transferred to
another vehicle owned or jointly owned by the person to whom the
special plates were issued or the plate may be assigned to
another owner. In addition to the transfer fee a new owner must
pay the $25 plate fee tax or any fee required by section 168.12,
subdivision 2a. The $5 fee must be paid into the state treasury
and credited to the highway user tax distribution fund. License
plates issued under this section may not be transferred to a
vehicle not eligible for the collector's vehicle license plates.
Sec. 7. Minnesota Statutes 1994, section 168.12,
subdivision 2a, is amended to read:
Subd. 2a. [PERSONALIZED PLATES; RULES.] 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 as defined in section 168.011,
subdivision 29, and any other truck with a registered gross
weight of 9,000 pounds or less and commonly known as a 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 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. 8. Minnesota Statutes 1994, section 168.12,
subdivision 2b, is amended to read:
Subd. 2b. [FIREFIGHTERS; SPECIAL LICENSE PLATE.] The
registrar shall issue special license plates to any applicant
who is both a member of a fire department receiving state aid
under chapter 69 and an owner or joint owner of a passenger
automobile, van, or pickup truck, with a manufacturer's nominal
rated capacity of one ton and resembling a pickup truck, upon
payment of a fee of $10 and upon payment of the registration tax
required by law for the vehicle and compliance with other laws
of this state relating to registration and licensing of motor
vehicles and drivers. In lieu of the identification required
under subdivision 1, the special license plates shall be
inscribed with a symbol of a Maltese Cross together with five
numbers. No applicant shall receive more than two sets of
plates for vehicles owned or jointly owned by the applicant.
Special plates issued under this subdivision may only be
used during the period that the owner or joint owner of the
vehicle is a member of a fire department as specified in this
subdivision. When the person to whom the special plates were
issued is no longer a member of a fire department or when the
vehicle ownership is transferred, the special license plates
shall be removed from the vehicle and returned to the
registrar. Upon return of the special plates, the owner or
purchaser of the vehicle is entitled to receive regular plates
for the vehicle without cost for the remainder of the
registration period for which the special plates were issued.
Firefighter license plates issued pursuant to this subdivision
may be transferred to another motor vehicle upon payment of $5,
which fee shall be paid into the state treasury and credited to
the highway user tax distribution fund.
The commissioner of public safety may adopt rules under the
administrative procedure act, sections 14.001 to 14.69, to
govern the issuance and use of the special plates authorized in
this subdivision. All fees from the sale of special license
plates for firefighters shall be paid into the state treasury
and credited to the highway user tax distribution fund.
Sec. 9. Minnesota Statutes 1994, section 168.127, is
amended to read:
168.127 [FLEET VEHICLES; REGISTRATION, FEES.]
Subdivision 1. [REGISTRATION CATEGORY.] A unique
registration category is established for vehicles and trailers
of a fleet. Vehicles registered in the fleet must be issued a
distinctive license plate. The design and size of the fleet
license plate must be determined by the commissioner.
Subd. 2. [ANNUAL REGISTRATION PERIOD.] Instead of the
registration period assigned for vehicles registered under
sections 168.014, 168.017, and 168.12, subdivisions 1 and 2a, a
person may register a fleet on an annual basis. The annual
registration period for vehicles in the fleet will be determined
by the commissioner. By January 1, The applicant must provide
all information necessary to qualify as a fleet registrant
including a list of all vehicles in the fleet. On initial
registration, all taxes and fees for vehicles in the fleet must
be reassessed based on the expiration date. Gross weights for
fleet vehicles may not be changed during the registration period.
Subd. 3. [REGISTRATION CARDS ISSUED.] On approval of the
application for fleet registration the commissioner must issue a
registration card for each qualified vehicle in the fleet. The
registration card must be carried in the vehicle at all times
and be made available to a peace officer on demand. Validation
stickers must be issued to vehicles The registered by gross
weight must be indicated on the license plate.
Subd. 4. [FILING REGISTRATION APPLICATIONS.] Initial fleet
applications for registration and renewals must be filed with
the registrar or authorized representative at the main
headquarters offices of the department of public safety in St.
Paul deputy registrar.
Subd. 5. [RENEWAL OF FLEET REGISTRATION.] On the renewal
of a fleet registration the registrant shall pay full licensing
fees for every vehicle registered in the preceding year unless
the vehicle has been properly deleted from the fleet. In order
to delete a vehicle from a fleet, the fleet registrant must
surrender to the commissioner the registration card, validation
stickers, and license plates. The registrar may authorize
alternative methods of deleting vehicles from a fleet, including
destruction of the license plates and registration cards. If
the card, stickers, or license plates are lost or stolen, the
fleet registrant shall submit a sworn statement stating the
circumstances for the inability to surrender the card, stickers,
and license plates. The commissioner shall assess a penalty of
20 percent of the total tax due on the fleet against the fleet
registrant who fails to renew the licenses issued under this
section or fails to report the removal of vehicles from the
fleet within 30 days. The penalty must be paid within 30 days
after it is assessed.
Subd. 6. [FEES.] Instead of the $3.25 filing fee for each
vehicle described in section 168.33, subdivision 7, the
applicant shall pay a $3.25 an equivalent administrative fee for
each vehicle in the fleet. The administrative fee must be
deposited in the state treasury and credited to the highway user
tax distribution fund. A filing fee of $3.25 must be collected
by the processing office for an application regardless of the
number of vehicles listed.
Sec. 10. Minnesota Statutes 1994, section 168.325,
subdivision 1, is amended to read:
Subdivision 1. A division in the department of public
safety to be known as the division of motor vehicles driver and
vehicle services is hereby created, under the supervision and
control of the director. The commissioner may place the
director's position in the unclassified service if the position
meets the criteria established in section 43A.08, subdivision 1a.
Sec. 11. Minnesota Statutes 1994, section 168.33,
subdivision 6, is amended to read:
Subd. 6. [APPLICATION FORMS FURNISHED.] The registrar
shall furnish, from time to time, to the county recorder of each
county in the state those deputy registrars not equipped with
electronic transmission technology, forms for listing and for
applications for registration, as provided herein, and shall,
before January first in each year, furnish to the county
recorder of each county those deputy registrars, and to such
others as the registrar shall deem advisable, charts or lists
setting forth the tax to which each motor vehicle is subject.
The registrar and deputy registrars shall immediately destroy
all number plates surrendered to the registrar which are
unsuitable for further issue, and shall cancel all certificates
so surrendered.
Sec. 12. Minnesota Statutes 1994, section 168.34, is
amended to read:
168.34 [INFORMATION TO BE FURNISHED.]
The registrar shall maintain in the registrar's office an
information bureau to answer questions, through electronic
transmission, personal inquiry, telephone, or letter.
Registrations shall be completed with the utmost dispatch to
render the most efficient service to the public. The registrar,
or any deputy or employee, shall not be liable to any person for
mistake or negligence in the giving of information not willfully
calculated to injure such person. The registration system shall
be so conducted, and the requirements thereof so construed, as
to furnish to the public immediate, accurate information as to
any single car about which the inquiry may be made, and to
furnish the registrar a means of checking back during any year
to determine that all motor vehicles subject to taxation and
licensing have had the proper tax or fee paid thereon.
Sec. 13. Minnesota Statutes 1994, section 169.01,
subdivision 4a, is amended to read:
Subd. 4a. [MOTORIZED BICYCLE.] "Motorized bicycle" means a
bicycle that is propelled by a motor of a piston displacement
capacity of 50 cubic centimeters or less, and a maximum of two
brake horsepower, which is capable of a maximum speed of not
more than 30 miles per hour on a flat surface with not more than
one percent grade in any direction when the motor is
engaged. "Motorized bicycle" includes an electric-assisted
bicycle as defined in subdivision 4b.
Sec. 14. Minnesota Statutes 1994, section 169.01, is
amended by adding a subdivision to read:
Subd. 4b. [ELECTRIC-ASSISTED BICYCLE.] "Electric-assisted
bicycle" means a motor vehicle with two or three wheels that:
(1) has a saddle and fully operable pedals for human
propulsion;
(2) meets the requirements of federal motor vehicle safety
standards in Code of Federal Regulations, title 49, sections
571.01 et seq.; and
(3) has an electric motor that (i) has a power output of
not more than 1,000 watts, (ii) is incapable of propelling the
vehicle at a speed of more than 20 miles per hour, (iii) is
incapable of further increasing the speed of the device when
human power alone is used to propel the vehicle at a speed of
more than 20 miles per hour, and (iv) disengages or ceases to
function when the vehicle's brakes are applied.
Sec. 15. Minnesota Statutes 1994, section 169.223,
subdivision 1, is amended to read:
Subdivision 1. [SAFETY EQUIPMENT; PARKING.] Except as
otherwise provided in this section, section 169.974 relating to
motorcycles is applicable to motorized bicycles, except that:
(1) protective headgear includes headgear that meets the
American National Standard for Protective Headgear for
Bicyclists, ANSI Z90.4-1984, approved by the American National
Standards Institute, Inc.;
(2) a motorized bicycle equipped with a headlight and
taillight meeting the requirements of lighting for motorcycles
may be operated during nighttime hours;
(3) except as provided in clause (5), protective headgear
is not required for operators 18 years of age or older; and
(4) the provisions of section 169.222 governing the parking
of bicycles apply to motorized bicycles;
(5) the operator of an electric-assisted bicycle must wear
properly fitted and fastened headgear that meets the American
National Standard for Protective Headgear for Bicyclists, ANSI
Z90.4-1984, approved by the American National Standards
Institute, Inc., when operating the electric-assisted bicycle on
a street or highway; and
(6) eye protection devices are not required for operators
of electric-assisted bicycles.
Sec. 16. Minnesota Statutes 1994, section 169.223,
subdivision 5, is amended to read:
Subd. 5. [OTHER OPERATION REQUIREMENTS AND PROHIBITIONS.]
(a) A person operating a motorized bicycle on a roadway shall
ride as close as practicable to the right-hand curb or edge of
the roadway except in one of the following situations:
(1) when overtaking and passing another vehicle proceeding
in the same direction;
(2) when preparing for a left turn at an intersection or
into a private road or driveway; or
(3) when reasonably necessary to avoid conditions,
including fixed or moving objects, vehicles, pedestrians,
animals, surface hazards, or narrow width lanes, that make it
unsafe to continue along the right-hand curb or edge.
(b) Persons operating motorized bicycles on a roadway may
not ride more than two abreast and may not impede the normal and
reasonable movement of traffic. On a laned roadway, a person
operating a motorized bicycle shall ride within a single lane.
(c) This section does not permit the operation of a
motorized bicycle on a bicycle path or bicycle lane that is
reserved for the exclusive use of nonmotorized traffic.
(d) Subject to the provisions of section 160.263,
subdivision 3, a person may operate an electric-assisted bicycle
on a bicycle lane. A person may operate an electric-assisted
bicycle on the shoulder of a roadway if the electric-assisted
bicycle is traveling in the same direction as the adjacent
vehicular traffic.
Sec. 17. Minnesota Statutes 1994, section 171.01,
subdivision 20, is amended to read:
Subd. 20. [MOTORIZED BICYCLE.] "Motorized bicycle" means a
bicycle that is propelled by a motor of a piston displacement
capacity of 50 cubic centimeters or less, and a maximum of two
brake horsepower, which is capable of a maximum speed of not
more than 30 miles per hour on a flat surface with not more than
one percent grade in any direction when the motor is
engaged. "Motorized bicycle" includes an electric-assisted
bicycle as defined in section 169.01, subdivision 4b.
Sec. 18. [REPEALER.]
Minnesota Statutes 1994, section 168.33, subdivisions 4 and
5, are repealed.
Presented to the governor April 1, 1996
Signed by the governor April 3, 1996, 3:55 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes