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Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                            CHAPTER 285-H.F.No. 2882 
                  An act relating to traffic regulations; regulating the 
                  operation of electric personal assistive mobility 
                  devices on roadways and sidewalks; amending Minnesota 
                  Statutes 2000, sections 168.011, subdivision 4; 
                  169.01, subdivision 3, by adding a subdivision; 
                  171.01, subdivision 3; proposing coding for new law in 
                  Minnesota Statutes, chapter 169.  
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2000, section 168.011, 
        subdivision 4, is amended to read: 
           Subd. 4.  [MOTOR VEHICLE.] (a) "Motor vehicle" means any 
        self-propelled vehicle not operated exclusively upon railroad 
        tracks and any vehicle propelled or drawn by a self-propelled 
        vehicle and includes vehicles known as trackless trolleys which 
        are propelled by electric power obtained from overhead trolley 
        wires but not operated upon rails, except snowmobiles, 
        manufactured homes, and park trailers.  
           (b) "Motor vehicle" also includes an all-terrain vehicle, 
        as defined in section 84.92, subdivision 8, which (1) has at 
        least four wheels, (2) is owned and operated by a physically 
        disabled person, and (3) displays both physically disabled 
        license plates and a physically disabled certificate issued 
        under section 169.345, subdivision 3. 
           (c) "Motor vehicle" does not include an all-terrain vehicle 
        as defined in section 84.92, subdivision 8; except (1) an 
        all-terrain vehicle described in paragraph (b), or (2) an 
        all-terrain vehicle licensed as a motor vehicle before August 1, 
        1985, in which case the owner may continue to license it as a 
        motor vehicle until it is conveyed or otherwise transferred to 
        another owner, is destroyed, or fails to comply with the 
        registration and licensing requirements of this chapter. 
           (d) "Motor vehicle" does not include an electric personal 
        assistive mobility device as defined in section 169.01, 
        subdivision 90. 
           Sec. 2.  Minnesota Statutes 2000, section 169.01, 
        subdivision 3, is amended to read: 
           Subd. 3.  [MOTOR VEHICLE.] "Motor vehicle" means every 
        vehicle which is self-propelled and every vehicle which is 
        propelled by electric power obtained from overhead trolley 
        wires.  Motor vehicle does not include an electric personal 
        assistive mobility device or a vehicle moved solely by human 
        power. 
           Sec. 3.  Minnesota Statutes 2000, section 169.01, is 
        amended by adding a subdivision to read: 
           Subd. 90.  [ELECTRIC PERSONAL ASSISTIVE MOBILITY 
        DEVICE.] "Electric personal assistive mobility device" means a 
        self-balancing device with two nontandem wheels, designed to 
        transport not more than one person, and operated by an electric 
        propulsion system that limits the maximum speed of the device to 
        15 miles per hour. 
           Sec. 4.  [169.212] [OPERATION OF ELECTRIC PERSONAL 
        ASSISTIVE MOBILITY DEVICES.] 
           Subdivision 1.  [RIGHTS AND RESPONSIBILITIES OF 
        PEDESTRIANS.] Except as otherwise provided by law, a person 
        operating an electric personal assistive mobility device has the 
        rights and responsibilities of a pedestrian. 
           Subd. 2.  [OPERATION.] (a) An electric personal assistive 
        mobility device may be operated on a bicycle path. 
           (b) No person may operate an electric personal assistive 
        mobility device on a roadway, sidewalk, or bicycle path at a 
        rate of speed that is not reasonable and prudent under the 
        conditions.  Every person operating an electric personal 
        assistive mobility device on a roadway, sidewalk, or bicycle 
        path is responsible for becoming and remaining aware of the 
        actual and potential hazards then existing on the roadway or 
        sidewalk and must use due care in operating the device. 
           (c) An electric personal assistive mobility device may be 
        operated on a roadway only: 
           (1) while making a direct crossing of a roadway in a marked 
        or unmarked crosswalk; 
           (2) where no sidewalk is available; 
           (3) where a sidewalk is so obstructed as to prevent safe 
        use; 
           (4) when so directed by a traffic control device or by a 
        peace officer; or 
           (5) temporarily in order to gain access to a motor vehicle. 
           (d) An electric personal assistive mobility device may not 
        be operated at any time on a roadway with a speed limit of more 
        than 35 miles per hour except to make a direct crossing of the 
        roadway in a marked crosswalk. 
           (e) An electric personal assistive mobility device may not 
        be operated at any time while carrying more than one person. 
           (f) A person operating an electric personal assistive 
        mobility device on a sidewalk must yield the right-of-way to 
        pedestrians at all times.  A person operating an electric 
        personal assistive mobility device on a bicycle path must yield 
        the right-of-way to bicycles at all times. 
           Subd. 3.  [REFLECTORS.] An electric personal assistive 
        mobility device may not be operated unless the device bears 
        reflectorized material on the front, back, and wheels, visible 
        at night from 600 feet when illuminated by the lower beams of 
        head lamps of a motor vehicle. 
           Subd. 4.  [LOCAL REGULATION.] A local road authority may 
        not further regulate the operation of electric personal 
        assistive mobility devices, except that a local road authority 
        may allow and regulate the operation of these devices on 
        roadways within its jurisdiction that have a speed limit of more 
        than 35 miles per hour. 
           Sec. 5.  Minnesota Statutes 2000, section 171.01, 
        subdivision 3, is amended to read: 
           Subd. 3.  [MOTOR VEHICLE.] Every vehicle which that is 
        self-propelled, other than an electric personal assistive 
        mobility device as defined in section 169.01, subdivision 90, 
        and any vehicle propelled or drawn by a self-propelled vehicle, 
        and not deriving its power from overhead wires except 
        snowmobiles. 
           Presented to the governor March 25, 2002 
           Signed by the governor March 26, 2002, 2:27 p.m.