Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 2000, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 426-S.F.No. 3023
An act relating to motor vehicles; modifying vehicle
registration and titling provisions; modifying
interstate commercial vehicle registration provisions
to conform to interstate registration plan; conforming
state open bottle law to federal law; allowing
exception to requirement of school bus drivers to
activate school bus stop signals; adopting federal
odometer regulations; modifying provisions to conform
to federal standards for emergency vehicle siren;
modifying fee provisions; making technical and
clarifying changes; amending Minnesota Statutes 1998,
sections 168.012, subdivision 7; 168.017, subdivision
3; 168.09, subdivision 6; 168.1235, subdivisions 1 and
4; 168.1291; 168.13; 168.187, subdivision 8; 168.31,
subdivision 4; 168.33, subdivision 7; 168.54,
subdivisions 5 and 6; 168A.03; 168A.04, subdivision 5,
and by adding a subdivision; 168A.06; 168A.13;
168A.14; 168A.31, subdivision 1; 169.122, subdivisions
1, 2, and 3; 169.443, subdivision 3; 169.68; 169.781,
subdivision 3; 171.20, subdivision 4; and 325E.15;
Minnesota Statutes 1999 Supplement, sections 168.15,
subdivision 1; 168.16; and 171.29, subdivision 2; Laws
1995, chapter 264, article 2, section 44, as amended;
repealing Minnesota Statutes 1998, section 168.1292.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1998, section 168.012,
subdivision 7, is amended to read:
Subd. 7. [VEHICLE NOT USED; DOMICILED IN ANOTHER STATE.]
The owner of a motor vehicles which vehicle that during any
calendar year, or in the case of a vehicle registered pursuant
to under section 168.017, during the registration period there
provided for in that section, are is not operated on a public
highway shall be is exempt from the provisions of this chapter
requiring registration, payment of tax, and penalties for tax
nonpayment thereof, provided that but only if the owner of any
such the vehicle shall first file files a verified written
application with the commissioner of public safety registrar,
correctly describing the vehicle and certifying that it has not
been and will not be operated upon a public highway.
Motor vehicles whose domicile is A motor vehicle domiciled
in a foreign state and are, legally licensed in that state, and
owned by a Minnesota resident shall be is exempt from the
provisions of this chapter and; except that it is subject to the
provisions of section 168.181, subdivision 3., provided, that
this exemption does not conflict with any existing reciprocal
agreement with the state in which the vehicle is domiciled.
Sec. 2. Minnesota Statutes 1998, section 168.017,
subdivision 3, is amended to read:
Subd. 3. [EXCEPTIONS.] (a) The registrar shall register
all vehicles subject to registration under the monthly series
system shall be registered by the registrar for a period of 12
consecutive calendar months, except as follows unless:
(a) if (1) the application is an original rather than
renewal application; or
(b) if (2) the applicant is a licensed motor vehicle lessor
under section 168.27, in which case the applicant may apply for
original or renewed registration of a vehicle for a period of
four or more months, the month of expiration to be designated by
the applicant at the time of registration. However, to qualify
for this exemption, the applicant must present the application
to the registrar at St. Paul, or at deputy registrar offices as
the registrar may designate.
(b) In any instance except that of a licensed motor vehicle
lessor, the registrar may register shall not approve registering
the vehicle which is the subject of to the application for a
period of not less than three nor more than 15 calendar months,
except when the registrar determines that to do so otherwise
will help to equalize the registration and renewal work load of
the department.
Sec. 3. Minnesota Statutes 1998, section 168.09,
subdivision 6, is amended to read:
Subd. 6. [SEMITRAILER.] On semitrailers For a semitrailer,
as defined in section 168.011, subdivision 14, a number plate
must be assigned to the registered owner as identification for
the vehicle and correlate with the certificate of title
documentation on file with the department. This number
plate shall must not display a year designator. The
registration card must indicate the number plate for the number
plate to be valid.
Sec. 4. Minnesota Statutes 1998, section 168.1235,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL REQUIREMENTS; FEES.] (a) On
payment of a fee of $10 for each set of two license plates, or
for a single plate in the case of a motorcycle plate, payment of
the registration tax required by law, and compliance with other
laws relating to the registration and licensing of a passenger
automobile, pickup truck, van, or self-propelled recreational
equipment, or motorcycle vehicle, as applicable, the registrar
shall issue a special license plate sticker for each plate to an
applicant who is a member of a congressionally chartered
veterans service organization and is an owner or joint owner of
a passenger automobile, pickup truck, van, or self-propelled
recreational equipment, or motorcycle vehicle.
(b) The additional fee of $10 is payable at the time of
initial application for the special license plate stickers and
when the license plates must be replaced or renewed. An
applicant must not be issued more than two sets of special
license plate stickers for vehicles listed in paragraph (a) and
owned or jointly owned by the applicant.
(c) The commissioner of veterans affairs shall determine
what documentation is required by each applicant to show that
the applicant is a member of a congressionally chartered
veterans service organization and is entitled to the special
license plate stickers.
Sec. 5. Minnesota Statutes 1998, section 168.1235,
subdivision 4, is amended to read:
Subd. 4. [PLATES TRANSFER.] Notwithstanding section 168.12
or other law to the contrary, on payment of a fee of $5, the
special plate stickers issued under subdivision 1, may be
transferred to other license plates on a passenger automobile,
pickup truck, van, motorcycle, or self-propelled recreational
equipment vehicle owned or jointly owned by the person to whom
the stickers were issued.
Sec. 6. Minnesota Statutes 1998, section 168.1291, is
amended to read:
168.1291 [SPECIAL LICENSE PLATES; DESIGN.]
Subdivision 1. [DEFINITION.] For purposes of this section
"special license plates" means license plates issued under
sections 168.12, subdivisions 2b to 2e; 168.123; 168.1235; and
168.129; and 168.1292.
Subd. 2. [DESIGN OF SPECIAL LICENSE PLATES.] The
commissioner shall design a single special license plate that
will contain a unique number and a space for a unique symbol.
The commissioner shall design a unique symbol related to the
purpose of each special license plate. Any provision of
sections 168.12, subdivisions 2b to 2e; 168.123; and 168.129;
and 168.1292 that requires the placement of a specified letter
or letters on a special license plate applies to those license
plates only to the extent that the commissioner includes the
letter or letters in the design. Where a law authorizing a
special license plate contains a specific requirement for
graphic design of that license plate, that requirement applies
to the appropriate unique symbol the commissioner designs.
Subd. 3. [ISSUANCE OF SPECIAL LICENSE PLATES WITH UNIQUE
SYMBOLS.] Notwithstanding section 168.12, subdivisions 2b to 2e;
168.123; or 168.129; or 168.1292, beginning with special license
plates issued in calendar year 1996 the commissioner shall issue
each class of special license plates permanently marked with
specific designs under those laws only until the commissioner's
supply of those license plates is exhausted. Thereafter the
commissioner shall issue under those laws only the license plate
authorized under subdivision 2, with the appropriate unique
symbol attached.
Subd. 4. [FEES.] Notwithstanding section 168.12,
subdivisions 2b to 2e; 168.123; or 168.129; or 168.1292, the
commissioner shall charge a fee of $10 for each set of license
plates issued under this section.
Subd. 5. [APPLICATION.] This section does not apply to a
special motorcycle license plate designed by the registrar under
section 168.123, subdivision 1, clause (2).
Sec. 7. Minnesota Statutes 1998, section 168.13, is
amended to read:
168.13 [PROOF OF OWNERSHIP.]
(a) The registrar shall not approve no an application and
shall not issue no number plates for any motor vehicle, unless
and until the title certificate theretofore issued under chapter
168A, or registration certificate if not titled, is delivered to
the registrar, who shall. The registrar must be satisfied from
the records that all taxes and fees due hereunder shall have
been paid, and that endorsements upon the certificate are in
writing and have been signed by the seller and purchaser.
(b) The registrar shall not register and shall not issue
number plates for a motor vehicles vehicle brought into
Minnesota from other states shall not be registered or have
number plates issued therefor another state until such:
(1) a registration certificate or other evidence of title
as may reasonably be required from the registrant within that
state be is surrendered to the registrar in the same manner as
certificates of this state,; or in lieu thereof, such view and
(2) the registrar receives evidence of the chain of
ownership be had as will assure the payment of the proper tax so
long as the motor vehicle shall be is in the state.
Sec. 8. Minnesota Statutes 1999 Supplement, section
168.15, subdivision 1, is amended to read:
Subdivision 1. [TRANSFER OF OWNERSHIP.] (a) Upon the
transfer of ownership, destruction, theft, dismantling as such,
or the permanent removal by the owner thereof from this state of
any motor vehicle registered in accordance with the provisions
of this chapter, the right of the owner of such the vehicle to
use the registration certificate and number plates assigned such
to the vehicle shall expire, and such certificate and any
existing plates shall be, by such owner, forthwith returned,
with transportation prepaid, to the registrar with a signed
notice of the date and manner of termination of ownership,
giving the name and post office address, with street and number,
if in a city, of the person to whom transferred. No fee may be
charged for a return of plates under this section expires.
(b) When the ownership of a motor vehicle shall be is
transferred to another who shall forthwith register the same in
the other's name, the registrar may permit the manual delivery
of such plates to the new owner of such vehicle resident of this
state, the transferor shall surrender the registration plates,
unless otherwise provided for in this chapter, and assign the
registration tax paid to the credit of the transferee.
(c) When seeking to become the owner by gift, trade, or
purchase of any vehicle for which a registration certificate has
been theretofore issued under the provisions of this chapter, a
person shall join with the registered owner in transmitting with
the application the registration certificate, with the
assignment and notice of sale duly executed upon the reverse
side thereof, or, in case of loss of such the certificate,
with such proof of loss by sworn statement, in writing, as shall
be and satisfactory to the registrar. Upon the transfer of any
motor vehicle by a manufacturer or dealer, for use within the
state, whether by sale, lease, or otherwise, such the
manufacturer or dealer shall, within ten days after such the
transfer, file with the registrar a notice or report containing
the date of such transfer, a description of such the motor
vehicles vehicle, and the transferee's name, street and number
of residence, if in a city, and the post office address of the
transferee, and shall also transmit therewith with it the
transferee's application for registration thereof.
Sec. 9. Minnesota Statutes 1999 Supplement, section
168.16, is amended to read:
168.16 [REFUND; APPROPRIATION.]
After the tax upon any motor vehicle shall have has been
paid for any year, refund shall must be made for errors made in
computing the tax or fees and for the error on the part of an
owner who may in error have registered a motor vehicle that was
not before, nor at the time of registration, nor at any time
thereafter during the current past year, subject to tax in this
state as provided by section 168.012. Unless otherwise provided
in this chapter, a claim for a refund of an overpayment of
registration tax must be filed within 3-1/2 years from the date
of payment. The refundment shall refund must be made from any
fund in possession of the registrar and shall be deducted from
the registrar's monthly report to the commissioner of finance.
A detailed report of the refundment shall refund must accompany
the report. The former owner of a transferred vehicle, by an
assignment in writing endorsed upon the registration certificate
and delivered to the registrar within the time provided herein
may sell and in this subdivision, shall assign, except for
vehicles registered under section 168.187, to the new owner
thereof the right to have the tax paid by the former owner
accredited to the owner who duly registers the vehicle. Any
owner at the time of such occurrence, whose vehicle shall be is
declared by an insurance company to be a total loss due to flood
or tornado damage, permanently destroyed, or sold to the federal
government, the state, or a political subdivision thereof of the
state, shall upon filing a verified claim be entitled to a
refund of the unused portion of the tax paid upon the vehicle,
computed as follows:
(1) if the vehicle is registered under the calendar year
system of registration, the refund is computed pro rata by the
month, 1/12 of the annual tax paid for each month of the year
remaining after the month in which the plates and certificate
were returned to the registrar;
(2) in the case of a if the vehicle is registered under the
monthly series system of registration, the amount of the refund
is equal to the sum of the amounts of the license fee
attributable to those months remaining in the licensing period
after the month in which the plates and certificate were
returned to the registrar.
There is hereby appropriated to the persons entitled to a
refund, from the fund or account in the state treasury to which
the money was credited, an amount sufficient to make the refund
and payment.
Sec. 10. Minnesota Statutes 1998, section 168.187,
subdivision 8, is amended to read:
Subd. 8. [BASE STATE RECIPROCITY.] (1) Any agreement,
arrangement, or declaration made under the authority of this
section may contain provisions authorizing the registration or
licensing in another state of vehicles based in such the other
state, which vehicles otherwise would be required to be
registered or licensed in this state, except that such those
provisions shall not apply to passenger cars.
(2) For the purpose of this section, a vehicle shall be
deemed to be based in the state where it is most frequently
dispatched, garaged, serviced, maintained, operated or otherwise
controlled.
(3) For the purpose of this section, the owner of a vehicle
shall declare the state in which it is based, but the
commissioner of public safety shall make the final determination
of the state in which a the vehicle is based shall be made by
the commissioner of public safety of this state for the purpose
of determining liability for registration and other fees and
penalties due this state. To the extent possible, The
commissioner of public safety shall be is governed, to the
extent possible, by the criteria specified in this section, and
agreement with the administrator of any other interested state.
(4) (3) Any agreement, arrangement, or declaration made
under this section may grant exemptions, benefits, and
privileges for vehicles in accordance with the its terms thereof.
Sec. 11. Minnesota Statutes 1998, section 168.31,
subdivision 4, is amended to read:
Subd. 4. [INSTALLMENTS.] If the tax for a vehicle assessed
under section 168.013, subdivision 1c, 1d, 1e, or 1g, amounts to
more than $400, the owner may pay such the tax by installments.
The owner shall tender with the application for registration
one-third of the annual tax due or $400, whichever is greater,
plus any penalties or arrears, plus a fee of $10. Instead of
this fee, the applicant may furnish a bond, bank letter of
credit, or certificate of deposit approved by the registrar of
motor vehicles, for the total of the tax still due. The amount
of the bond, letter of credit, or certificate of deposit may
include any penalties which are assessed. The bond, letter of
credit, or certificate of deposit shall must be for the benefit
of the state for monetary loss caused by failure of the vehicle
owner to pay delinquent license fees and penalties. The
remainder of the tax due shall must be paid in two equal
installments; the due date of the first installment shall be is
the first day of the fifth month of the registration period for
which the tax is assessed and the second installment shall be is
due on the first day of the ninth month of the registration
period for which the tax is assessed. When the applicant elects
to pay the administrative fee, the registrar shall issue to the
applicant distinctive validation stickers for the installment
paid. When the applicant elects to furnish a bond, bank letter,
or letter of deposit, the registrar shall issue regular
validation stickers for the registration year. If an owner of a
vehicle fails to pay an installment on or before the its due
date thereof, the vehicle shall must not use be used on the
public streets or highways in this state until the installment
or installments of the tax remaining due on such the vehicle
shall have been paid in full for the licensed year together with
a penalty at the rate of $1 per day for the remainder of the
month in which the balance of the tax becomes due and $4 a month
for each succeeding month or fraction thereof of a month during
which the balance of the tax remains unpaid. Upon the payment
of the balance of the tax and the penalties, the registrar shall
issue a registration certificate to the owner of the vehicle in
the manner provided by law. The registrar shall deny
installment payment privileges provided in this subdivision in
the subsequent year to any owner on any or all vehicles of such
the owner who during the current year fails to pay any
installment due within one month after the due date.
Sec. 12. Minnesota Statutes 1998, section 168.33,
subdivision 7, is amended to read:
Subd. 7. [FILING FEE.] In addition to all other statutory
fees and taxes, a filing fee of $3.50 is imposed on every
application; except that a filing fee may not be charged for a
document returned for a refund or for a correction of an error
made by the department or a deputy registrar. The filing fee
shall be shown as a separate item on all registration renewal
notices sent out by the department of public safety. No filing
fee or other fee may be charged for the permanent surrender of a
certificate of title and license plates for a motor vehicle.
Filing fees collected under this subdivision by the registrar
must be paid into the state treasury and credited to the highway
user tax distribution fund, except fees for registrations of new
motor vehicles. Filing fees collected for registrations of new
motor vehicles in conjunction with a title transfer or first
application in this state must be paid into the state treasury
with 50 percent of the money credited to the general fund and 50
percent credited to the highway user tax distribution fund.
Sec. 13. Minnesota Statutes 1998, section 168.54,
subdivision 5, is amended to read:
Subd. 5. [PROCEEDS TO GENERAL FUND.] The registrar shall
collect the proceeds of the fee imposed under the provisions of
this section shall be collected by the commissioner of public
safety and paid into deposit them in the general fund pursuant
to section 168A.31.
Sec. 14. Minnesota Statutes 1998, section 168.54,
subdivision 6, is amended to read:
Subd. 6. [BALANCE TO GENERAL FUND.] The unobligated
balances in excess of $4,000 in said the transfer of ownership
revolving fund as of June 30 of each fiscal year shall be
canceled into cancel to the general fund.
Sec. 15. Minnesota Statutes 1998, section 168A.03, is
amended to read:
168A.03 [EXEMPT VEHICLES.]
No The registrar shall not issue a certificate of
title need be obtained for:
(1) a vehicle owned by the United States, unless it is
registered in this state;
(2) a vehicle owned by a manufacturer or dealer and held
for sale, even though incidentally moved on the highway or used
pursuant to section 168.27 or 168.28, or a vehicle used by a
manufacturer solely for testing;
(3) a vehicle owned by a nonresident and not required by
law to be registered in this state;
(4) a vehicle owned by a nonresident and regularly engaged
in the interstate transportation of persons or property for
which a currently effective certificate of title has been issued
in another state;
(5) a vehicle moved solely by animal power;
(6) an implement of husbandry;
(7) special mobile equipment;
(8) a self-propelled wheelchair or invalid tricycle;
(9) a trailer (i) having a gross weight of 4,000 pounds or
less unless a secured party holds an interest in the trailer or
a certificate of title was previously issued by this state or
any other state or a trailer (ii) designed primarily for
agricultural purposes except recreational equipment or a
manufactured home, both as defined in section 168.011,
subdivisions 8 and 25;
(10) a snowmobile.
Sec. 16. Minnesota Statutes 1998, section 168A.04,
subdivision 5, is amended to read:
Subd. 5. [SPECIALLY CONSTRUCTED OR RECONSTRUCTED VEHICLE.]
Except as provided in subdivision 6, if the application refers
to a specially constructed vehicle or a reconstructed vehicle,
the application shall so state and shall contain or be
accompanied by:
(1) Any information and documents the department reasonably
requires to establish the ownership of the vehicle and the
existence or nonexistence and priority of security interests in
it;
(2) The certificate of a person authorized by the
department that the identifying number of the vehicle has been
inspected and found to conform to the description given in the
application, or any other proof of the identity of the vehicle
the department reasonably requires.
Sec. 17. Minnesota Statutes 1998, section 168A.04, is
amended by adding a subdivision to read:
Subd. 6. [ASSEMBLED MOTORCYCLES.] (a) If the application
refers to an assembled motorcycle, the application must so state
and be accompanied by:
(1) a manufacturer's statement or certificate of origin
from a recognized motorcycle manufacturer for the frame,
complete engine or engine cases, provided that if a statement or
certificate of origin is submitted for engine cases it must also
be accompanied by copies of original documentation for cylinder
heads, cylinders, flywheels, and piston and rod assemblies; and
(2) vendor receipts or copies of the receipts from
suppliers on the transmission assembly, engine assembly, fork
assembly, and front and rear wheel assemblies. If the applicant
is a motorcycle assembler, the applicant must also provide
copies of original vendor receipts for the assemblies listed in
this clause.
(b) An assembled motorcycle for which the documentation
required under paragraph (a), clauses (1) and (2), has been
submitted is not subject to the filing requirement of section
168A.07, subdivision 1, clause (2).
Sec. 18. Minnesota Statutes 1998, section 168A.06, is
amended to read:
168A.06 [DELIVERY OF CERTIFICATE.]
The certificate of title shall must be mailed delivered to
the owner named in it. Secured parties, if any, shall must be
mailed notification of their security interest filed.
Sec. 19. Minnesota Statutes 1998, section 168A.13, is
amended to read:
168A.13 [FEE ACCOMPANIES APPLICATION; DELIVERY OF
REGISTRATION CARD AND PLATES.]
Subdivision 1. [FEE ACCOMPANIES APPLICATION FOR
CERTIFICATE.] An application for a certificate of title shall
must be accompanied by the required fee fees when mailed or
delivered to the department.
Subd. 2. [FEE ACCOMPANIES APPLICATION FOR NAMING SECURED
PARTY.] An application for the naming of a secured party or the
party's assignee on a certificate of title shall must be
accompanied by the required fee fees when mailed or delivered to
the department.
Subd. 3. [DELIVERY OF REGISTRATION CARD AND PLATES.] A
transferor of a vehicle, other than a dealer transferring a new
vehicle, shall deliver to the transferee at the time of the
delivery of possession of the vehicle the registration card and
license plates for the vehicle.
Sec. 20. Minnesota Statutes 1998, section 168A.14, is
amended to read:
168A.14 [NEW CERTIFICATES ISSUED, OLD CERTIFICATES
SURRENDERED.]
Subdivision 1. [NEW CERTIFICATE AFTER ASSIGNMENT.] The
department, upon receipt of a properly assigned certificate of
title, with an application for a new certificate of title, the
required fees and taxes, and any other documents required by
law, shall issue a new certificate of title in the name of the
transferee as owner and list any secured party named on it and
mail deliver it to the owner. The secured party or parties
shall must be issued a notification that the security interest
has been filed.
Subd. 1a. [NEW CERTIFICATE AFTER SECURITY INTEREST FILED.]
The department, upon receipt of an affidavit as provided in
section 524.3-1201(a), an application for a new certificate of
title, and any required fee, shall issue a new certificate of
title in the name of the successor as owner, listing any secured
party on it. The department shall mail deliver the certificate
to the successor and shall issue any secured party a
notification that the security interest has been filed.
Subd. 2. [NEW CERTIFICATE AFTER NONVOLUNTARY TRANSFER.]
The department, upon receipt of an application for a new
certificate of title by a transferee other than by voluntary
transfer, with proof of the transfer, the required fees and
taxes, and any other documents required by law, shall issue a
new certificate of title in the name of the transferee as
owner. If the outstanding certificate of title is not delivered
to it, the department shall make demand therefor from the holder
thereof.
Subd. 3. [SURRENDERED CERTIFICATE.] The department shall
file and retain for seven years every surrendered certificate of
title, the file to be maintained so as to permit the tracing of
title of the vehicle designated therein.
Sec. 21. Minnesota Statutes 1998, section 168A.31,
subdivision 1, is amended to read:
Subdivision 1. [PAID TO GENERAL FUND.] All fees prescribed
by sections 168A.01 to 168A.31 and 168.54 collected by the
department shall must be paid into the general fund.
Sec. 22. Minnesota Statutes 1998, section 169.122,
subdivision 1, is amended to read:
Subdivision 1. [ACT PROHIBITED.] No person shall drink or
consume intoxicating liquors an alcoholic beverage, distilled
spirit, or 3.2 percent malt liquors liquor in any motor vehicle
when such the vehicle is upon a public highway.
Sec. 23. Minnesota Statutes 1998, section 169.122,
subdivision 2, is amended to read:
Subd. 2. [POSSESSION PROHIBITED.] (a) No person shall have
in possession while in a private motor vehicle upon a public
highway, any bottle or receptacle containing intoxicating liquor
an alcoholic beverage, distilled spirit, or 3.2 percent malt
liquor which that has been opened, or the seal broken, or the
contents of which have been partially removed.
(b) For purposes of this section, "possession" means either
that the person had actual possession of the bottle or
receptacle or that the person consciously exercised dominion and
control over the bottle or receptacle. This subdivision does
not apply to a bottle or receptacle that is in the trunk of the
vehicle if it is equipped with a trunk, or that is in another
area of the vehicle not normally occupied by the driver and
passengers if the vehicle is not equipped with a trunk.
Sec. 24. Minnesota Statutes 1998, section 169.122,
subdivision 3, is amended to read:
Subd. 3. [LIABILITY OF NONPRESENT OWNER.] (a) It shall be
is unlawful for the owner of any private motor vehicle or the
driver, if the owner be is not then present in the motor
vehicle, to keep or allow to be kept in a motor vehicle
when such the vehicle is upon the public highway any bottle or
receptacle containing intoxicating liquors an alcoholic
beverage, distilled spirit, or 3.2 percent malt liquors which
liquor that has been opened, or the seal broken, or the contents
of which have been partially removed except when such.
(b) This subdivision does not apply to a bottle or
receptacle shall be kept that is in the trunk of the motor
vehicle when such the vehicle is equipped with a trunk, or kept
that is in some other area of the vehicle not normally occupied
by the driver or passengers, if the motor vehicle is not
equipped with a trunk.
(c) A utility compartment or glove compartment shall be is
deemed to be within the area occupied by the driver and
passengers.
Sec. 25. Minnesota Statutes 1998, section 169.443,
subdivision 3, is amended to read:
Subd. 3. [WHEN SIGNALS NOT USED.] School bus drivers shall
not activate the prewarning flashing amber signals or flashing
red signals and shall not use the stop arm signal:
(1) in special school bus loading areas where the bus is
entirely off the traveled portion of the roadway and where no
other motor vehicle traffic is moving or is likely to be moving
within 20 feet of the bus;
(2) when directed not to do so, in writing, by the local
school board;
(3) when a school bus is being used on a street or highway
for purposes other than the actual transportation of school
children to or from school or a school-approved activity, except
as provided in subdivision 8;
(4) at railroad grade crossings; and
(5) when loading and unloading people at designated school
bus stops where people are not required to cross the street or
highway, while the bus is completely off the traveled portion of
a separated, one-way roadway that has adequate shoulders. The
driver shall drive the bus completely off the traveled portion
of this roadway before loading or unloading people. A school
bus stop is designated under this clause if the transportation
director of the school district in which the bus stop is
located, in consultation with the road authority, certifies the
integrity of the shoulder and the safety of the location for
loading and unloading people. Each designated school bus stop
must be documented and approved by the school board.
Sec. 26. Minnesota Statutes 1998, section 169.68, is
amended to read:
169.68 [HORN, SIREN.]
(a) Every motor vehicle when operated upon a highway shall
must be equipped with a horn in good working order and capable
of emitting sound audible under normal conditions from a
distance of not less than 200 feet, but no. However, the horn
or other warning device shall must not emit an unreasonably loud
or harsh sound or a whistle. The driver of a motor vehicle
shall, when reasonably necessary to insure safe operation, give
audible warning with the horn, but shall not otherwise use such
the horn when upon a highway.
No (b) A vehicle shall must not be equipped with, nor
shall any and a person shall not use upon a vehicle, any siren,
whistle, or bell, except as otherwise permitted in this section.
(c) It is permissible, but not required, that for any
commercial vehicle to be equipped with a theft alarm signal
device which is, so arranged that it cannot be used by the
driver as an ordinary warning signal.
(d) All authorized emergency vehicles shall must be
equipped with a siren capable of emitting sound audible under
normal conditions from a distance of not less than 500 feet and
of a type approved by the department of public safety, but
such conforming to the federal certification standards for
sirens, as determined by the General Services Administration.
However, the siren shall must not be used except when such the
vehicle is operated in response to an emergency call or in the
immediate pursuit of an actual or suspected violator of the law,
in which latter events the driver of such the vehicle shall
sound the siren when necessary to warn pedestrians and other
drivers of the vehicle's approach thereof.
Sec. 27. Minnesota Statutes 1998, section 169.781,
subdivision 3, is amended to read:
Subd. 3. [INSPECTOR CERTIFICATION; SUSPENSION AND
REVOCATION; HEARING.] (a) An inspection required by this section
may be performed only by:
(1) an employee of the department of public safety or
transportation who has been certified by the commissioner after
having received training provided by the state patrol; or
(2) another person who has been certified by the
commissioner after having received training provided by the
state patrol or other training approved by the commissioner.
(b) A person who is not an employee of the department of
public safety or transportation may be certified by the
commissioner if the person is: (1) an owner, or employee of the
owner, of one or more commercial motor vehicles that are power
units; (2) a dealer licensed under section 168.27 and engaged in
the business of buying and selling commercial motor vehicles, or
an employee of the dealer; or (3) engaged in the business of
repairing and servicing commercial motor vehicles.
Certification of persons described in clauses (1) to (3) is
effective for two years from the date of certification. The
commissioner may require biennial retraining of persons holding
a certificate under this paragraph as a condition of renewal of
the certificate. The commissioner may charge a fee of not more
than $10 for each certificate issued and renewed. A certified
person described in clauses (1) to (3) may charge a reasonable
fee of not more than $50 for each inspection of a vehicle not
owned by the person or the person's employer.
(c) Except as otherwise provided in subdivision 5, the
standards adopted by the commissioner for commercial motor
vehicle inspections under sections 169.781 to 169.783 shall be
the standards prescribed in Code of Federal Regulations, title
49, section 396.17, and in chapter III, subchapter B, appendix G.
The commissioner may classify types of vehicles for inspection
purposes and may issue separate classes of inspector
certificates for each class.
The commissioner shall issue separate categories of
inspector certificates based on the following classifications:
(1) a class of certificate that authorizes the certificate
holder to inspect commercial motor vehicles without regard to
ownership or lease; and
(2) a class of certificate that authorizes the certificate
holder to inspect only commercial motor vehicles the certificate
holder owns or leases.
The commissioner shall issue a certificate described in
clause (1) only to a person described in paragraph (b), clause
(2) or (3).
(d) The commissioner, after notice and an opportunity for a
hearing, may suspend a certificate issued under paragraph (b)
for failure to meet annual certification requirements prescribed
by the commissioner or failure to inspect commercial motor
vehicles in accordance with inspection procedures established by
the state patrol. The commissioner shall revoke a certificate
issued under paragraph (b) if the commissioner determines after
notice and an opportunity for a hearing that the certified
person issued an inspection decal for a commercial motor vehicle
when the person knew or reasonably should have known that the
vehicle was in such a state of repair that it would have been
declared out of service if inspected by an employee of the state
patrol. Suspension and revocation of certificates under this
subdivision are not subject to sections 14.57 to 14.69.
Sec. 28. Minnesota Statutes 1998, section 171.20,
subdivision 4, is amended to read:
Subd. 4. [REINSTATEMENT FEE.] Before the license is
reinstated, a person whose driver's license has been suspended
under section 171.16, subdivision 2; 171.18, except subdivision
1, clause (10); or 171.182, or who has been disqualified from
holding a commercial driver's license under section 171.165,
must pay a fee of $25 until June 30, 1999, and $20 thereafter.
When fees are collected by a county-operated office of deputy
registrar licensing agent appointed under section 171.061, a
handling charge is imposed in the amount specified under section
168.33 171.061, subdivision 7 4. The handling charge must be
deposited in the treasury of the place for which the deputy
registrar was appointed and the reinstatement fee and surcharge
must be deposited in an approved state depository as directed
under section 168.33 171.061, subdivision 2 4. A suspension may
be rescinded without fee for good cause.
Sec. 29. Minnesota Statutes 1999 Supplement, section
171.29, subdivision 2, is amended to read:
Subd. 2. [FEES, ALLOCATION.] (a) A person whose driver's
license has been revoked as provided in subdivision 1, except
under section 169.121 or 169.123, shall pay a $30 fee before the
driver's license is reinstated.
(b) A person whose driver's license has been revoked as
provided in subdivision 1 under section 169.121 or 169.123 shall
pay a $250 fee plus a $40 surcharge before the driver's license
is reinstated. The $250 fee is to be credited as follows:
(1) Twenty percent shall must be credited to the trunk
highway fund.
(2) Fifty-five percent shall must be credited to the
general fund.
(3) Eight percent shall must be credited to a separate
account to be known as the bureau of criminal apprehension
account. Money in this account may be appropriated to the
commissioner of public safety and the appropriated amount shall
must be apportioned 80 percent for laboratory costs and 20
percent for carrying out the provisions of section 299C.065.
(4) Twelve percent shall must be credited to a separate
account to be known as the alcohol-impaired driver education
account. Money in the account is appropriated as follows:
(i) the first $200,000 in a fiscal year is to the
commissioner of children, families, and learning for programs
for elementary and secondary school students.; and
(ii) the remainder credited in a fiscal year is
appropriated to the commissioner of transportation to be spent
as grants to the Minnesota highway safety center at St. Cloud
State University for programs relating to alcohol and highway
safety education in elementary and secondary schools.
(5) Five percent shall must be credited to a separate
account to be known as the traumatic brain injury and spinal
cord injury account. The money in the account is annually
appropriated to the commissioner of health to be used as
follows: 35 percent for a contract with a qualified
community-based organization to provide information, resources,
and support to assist persons with traumatic brain injury and
their families to access services, and 65 percent to maintain
the traumatic brain injury and spinal cord injury registry
created in section 144.662. For the purposes of this clause, a
"qualified community-based organization" is a private,
not-for-profit organization of consumers of traumatic brain
injury services and their family members. The organization must
be registered with the United States Internal Revenue Service
under the provisions of section 501(c)(3) as a tax-exempt
organization and must have as its purposes:
(i) the promotion of public, family, survivor, and
professional awareness of the incidence and consequences of
traumatic brain injury;
(ii) the provision of a network of support for persons with
traumatic brain injury, their families, and friends;
(iii) the development and support of programs and services
to prevent traumatic brain injury;
(iv) the establishment of education programs for persons
with traumatic brain injury; and
(v) the empowerment of persons with traumatic brain injury
through participation in its governance.
No patient's name, identifying information or identifiable
medical data will be disclosed to the organization without the
informed voluntary written consent of the patient or patient's
guardian, or if the patient is a minor, of the parent or
guardian of the patient.
(c) The $40 surcharge shall must be credited to a separate
account to be known as the remote electronic alcohol monitoring
program account. The commissioner shall transfer the balance of
this account to the commissioner of finance on a monthly basis
for deposit in the general fund.
(d) When these fees are collected by a county-operated
office of deputy registrar licensing agent, appointed under
section 171.061, a handling charge is imposed in the amount
specified under section 168.33 171.061, subdivision 7 4. The
handling charge must be deposited in the treasury of the place
for which the deputy registrar was appointed and the
reinstatement fees and surcharge must be deposited in an
approved state depository as directed under section 168.33
171.061, subdivision 2 4.
Sec. 30. Minnesota Statutes 1998, section 325E.15, is
amended to read:
325E.15 [TRANSFER OF MOTOR VEHICLE; MILEAGE DISCLOSURE.]
No person shall transfer a motor vehicle without disclosing
in writing to the transferee the true mileage registered on the
odometer reading or that the actual mileage is unknown if the
odometer reading is known by the transferor to be different from
the true mileage. The registrar of motor vehicles shall adopt,
pursuant to the Administrative Procedure Act, rules not
inconsistent with sections 325E.13 to 325E.16 or regulations
contained in Code of Federal Regulations, title 49, sections
580.1 to 580.17, as amended through October 1, 1998,
implementing Title IV of the Federal Motor Vehicle Information
and Cost Savings Act or any rules promulgated thereunder
prescribing prescribe the manner in which such written
disclosure shall must be made in this state and are adopted by
reference. No transferor shall violate any rules regulations
adopted under this section or knowingly give a false statement
to a transferee in making any disclosure required by such rules
the regulations.
Sec. 31. Laws 1995, chapter 264, article 2, section 44, as
amended by Laws 1996, chapter 471, article 2, section 27, and
Laws 1998, chapter 389, article 8, section 33, is amended to
read:
Sec. 44. [EFFECTIVE DATE.]
Section 1 is effective the day following final enactment.
Sections 3 and 4 are effective June 1, 1995. Section 4 is
repealed June 1, 2000.
Sections 5 to 21 and 43, paragraph (a), are effective July
1, 1995.
Sections 23, 28, 33, 40, 42, and the part of section 22
amending language in paragraph (i), clause (vii), are effective
the day following final enactment.
Sections 24 and 34 are effective for sales made after
December 31, 1996.
Section 25 is effective beginning with leases or rentals
made after June 30, 1995.
Section 26 is effective retroactively for sales after May
31, 1992.
Section 27 is effective for sales made after June 30, 1995.
Section 29 and the part of section 22 striking the language
after paragraph (h) are effective for sales after June 30, 1995.
Section 32 is effective for sales made after June 30, 1995,
and before July 1, 1999.
Sections 35 and 36 are effective for sales or transfers
made after June 30, 1995.
Section 38 is effective the day after the governing body of
the city of Winona complies with Minnesota Statutes, section
645.021, subdivision 3.
Section 39 is effective upon compliance by the Minneapolis
city council with Minnesota Statutes, section 645.021,
subdivision 3.
Section 43, paragraph (b), is effective for sales of 900
information services made after June 30, 1995.
Sec. 32. [REPEALER.]
Minnesota Statutes 1998, section 168.1292, is repealed.
Sec. 33. [EFFECTIVE DATE.]
Sections 22 to 24 are effective the day following final
enactment, for offenses committed after final enactment.
Sections 16, 17, 27, and 31 are effective the day following
final enactment.
Presented to the governor April 17, 2000
Signed by the governor April 20, 2000, 10:21 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes