Office of the Revisor of Statutes
Minnesota Session Laws - 2002, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 371-H.F.No. 3203
An act relating to public safety; modifying vehicle
registration and titling provisions; regulating motor
vehicle dealer transactions; allowing electronic
transactions with department of public safety;
modifying provisions governing road inspections, first
hauls, and weight allowances for commercial motor
vehicles and requiring a study; modifying bicycle
registration provisions; modifying traffic regulations
relating to traffic-control signals, railroad grade
crossings, special mobile equipment, vehicle license
plates, and motorcycles; modifying provisions relating
to drivers' licenses and state identification cards;
exempting certain federal funds from statutory
matching requirements; authorizing expenditure of
money on bus service to mitigate traffic impact of
certain highway construction; modifying, clarifying,
and reorganizing motor carrier fuel tax provisions;
authorizing rules; making technical and clarifying
changes; amending Minnesota Statutes 2000, sections
168.011, subdivisions 4, 17, 34; 168.013, subdivision
3; 168.09, subdivisions 1, 3; 168.10, subdivision 1c;
168.187, subdivision 26; 168.27, as amended; 168.31,
subdivision 4; 168.33, subdivision 6, by adding a
subdivision; 168A.01, subdivisions 2, 24, by adding a
subdivision; 168A.04, subdivision 5; 168A.05,
subdivision 5a; 168A.09, subdivision 1; 168A.11,
subdivision 2; 168A.12, subdivisions 1, 2; 168A.15, by
adding a subdivision; 168A.154; 168A.18; 168A.19,
subdivision 2; 168A.20, subdivisions 2, 3, 4; 168A.24,
subdivision 1; 168C.02, subdivisions 1, 5; 168C.03;
168C.04, subdivision 1; 168C.05; 168C.06; 168C.07;
168C.08; 168C.09; 168C.11; 168C.12; 168C.13,
subdivision 1; 169.06, by adding a subdivision;
169.26, subdivision 1; 169.28, subdivision 1; 169.771,
subdivisions 2, 3; 169.85, subdivisions 1, 2; 169.851,
subdivision 3; 169.86, subdivision 5; 169.974,
subdivision 5; 171.02, subdivisions 1, 5; 171.04,
subdivision 1; 171.05, subdivision 2; 171.055,
subdivision 1; 171.06, subdivisions 1, 3; 171.07,
subdivision 3; 171.13, subdivision 2; 171.165;
296A.23, subdivision 7; Minnesota Statutes 2001
Supplement, sections 168.012, subdivision 1; 169.781,
subdivision 2; 169.79, subdivisions 3, 8, by adding a
subdivision; 171.07, subdivision 1; 221.221,
subdivision 2; proposing coding for new law in
Minnesota Statutes, chapter 168; proposing coding for
new law as Minnesota Statutes, chapter 168D; repealing
Minnesota Statutes 2000, sections 171.30, subdivision
3; 296A.27; 296A.28.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
PUBLIC SAFETY MISCELLANY
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 designed and originally manufactured to
operate primarily upon public roads and highways, and not
operated exclusively upon railroad tracks and. It includes any
vehicle propelled or drawn by a self-propelled vehicle and
includes vehicles known as trackless trolleys which that are
propelled by electric power obtained from overhead trolley wires
but not operated upon rails, except. It does not include
snowmobiles, manufactured homes, and or park trailers.
(b) "Motor vehicle" also includes an all-terrain vehicle,
as defined in section 84.92, subdivision 8, which that (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 an
all-terrain vehicle described in clause (2) 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.
Sec. 2. Minnesota Statutes 2000, section 168.011,
subdivision 34, is amended to read:
Subd. 34. [FLEET.] "Fleet" means a combination of 100 50
or more vehicles and trailers owned by a person solely for the
use of that person or employees of the person and registered in
this state under section 168.127. It does not include vehicles
licensed under section 168.187.
Sec. 3. Minnesota Statutes 2001 Supplement, section
168.012, subdivision 1, is amended to read:
Subdivision 1. [VEHICLES EXEMPT FROM TAX, FEES, OR PLATE
DISPLAY.] (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 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 those 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;
(6) ambulances owned by ambulance services licensed under
section 144E.10, the general appearance of which is
unmistakable; and
(7) (6) vehicles owned by a commercial driving school
licensed under section 171.34, or an employee of a commercial
driving school licensed under section 171.34, and the vehicle is
used exclusively for driver education and training.
(b) Vehicles owned by the federal government, municipal
fire apparatuses including fire-suppression support vehicles,
police patrols, and ambulances, the general appearance of which
is unmistakable, are not required to register or display number
plates.
(c) Unmarked vehicles used in general police work, liquor
investigations, or arson investigations, and passenger
automobiles, pickup trucks, and buses owned or operated by the
department of corrections, must be registered and must display
appropriate license number plates, 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,
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) Unmarked vehicles used by the division of disease
prevention and control of the department of health must be
registered and must display passenger vehicle classification
license number plates. These plates must 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 health. The
certification must be on a form prescribed by the commissioner
and state that the vehicles will be used exclusively for the
official duties of the division of disease prevention and
control.
(f) Unmarked vehicles used by staff of the gambling control
board in gambling investigations and reviews must be registered
and must display passenger vehicle classification license number
plates. These plates must 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 board chair. The certification must
be on a form prescribed by the commissioner and state that the
vehicles will be used exclusively for the official duties of the
gambling control board.
(g) All other motor vehicles must be registered and display
tax-exempt number plates, furnished by the registrar at cost,
except as provided in subdivision 1c. All vehicles required to
display tax-exempt number plates must have the name of the state
department or political subdivision, nonpublic high school
operating a driver education program, or licensed commercial
driving school, plainly displayed on both sides of the vehicle;
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. This identification
must be in a color giving contrast with that of the part of the
vehicle on which it is placed and must endure throughout the
term of the registration. The identification must not be on a
removable plate or placard and must 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. 4. Minnesota Statutes 2000, section 168.013,
subdivision 3, is amended to read:
Subd. 3. [APPLICATION; CANCELLATION; EXCESSIVE GROSS
WEIGHT FORBIDDEN.] (a) The applicant for all licenses based on
gross weight shall state the unloaded weight of the motor
vehicle, trailer, or semitrailer and the maximum load the
applicant proposes to carry thereon on it, the sum of
which shall constitute constitutes the gross weight upon which
the license tax shall must be paid, but in no case shall.
However, the declared gross weight upon which the tax is
paid must not be less than 1-1/4 times the declared unloaded
weight of the motor vehicle, trailer, or semitrailer to be
registered, except recreational vehicles taxed under subdivision
1g, school buses taxed under subdivision 18, and tow trucks or
towing vehicles defined in section 169.01, subdivision 52. The
gross weight of a tow truck or towing vehicle is the actual
weight of the tow truck or towing vehicle fully equipped, but
does not include the weight of a wrecked or disabled vehicle
towed or drawn by the tow truck or towing vehicle.
(b) The gross weight of no a motor vehicle, trailer, or
semitrailer shall must not exceed the gross weight upon which
the license tax has been paid by more than four percent or 1,000
pounds, whichever is greater.
(c) The gross weight of the motor vehicle, trailer, or
semitrailer for which the license tax is paid shall must be
indicated by a distinctive character on the license plate or
plates except as provided in subdivision 12 and the plate or
plates shall must be kept clean and clearly visible at all times.
(d) The owner, driver, or user of a motor vehicle, trailer,
or semitrailer, upon conviction for transporting a gross weight
in excess of the gross weight for which it was registered or for
operating a vehicle with an axle weight exceeding the maximum
lawful axle load weight shall be, is guilty of a misdemeanor and
be subject to increased registration or reregistration according
to the following schedule:
(1) The owner, driver or user of a motor vehicle, trailer
or semitrailer Upon conviction for transporting a gross weight
in excess of the gross weight for which it a motor vehicle,
trailer, or semitrailer is registered by more than four percent
or 1,000 pounds, whichever is greater, but less than 25 percent,
or for operating or using a motor vehicle, trailer, or
semitrailer with an axle weight exceeding the maximum lawful
axle load as provided in section 169.825 by more than four
percent or 1,000 pounds, whichever is greater, but less than 25
percent, the owner, driver, or user of the motor vehicle,
trailer, or semitrailer used to commit the violation, in
addition to any penalty imposed for the misdemeanor, shall apply
to the registrar to increase the authorized gross weight to be
carried on the vehicle to a weight equal to or greater than the
gross weight the owner, driver, or user was convicted of
carrying,. The increase is computed for the balance of the
calendar year on the basis of 1/12 of the annual tax for each
month remaining in the calendar year beginning with the first
day of the month in which the violation occurred. If the
additional registration tax computed upon that weight, plus the
tax already paid, amounts to more than the regular tax for the
maximum gross weight permitted for the vehicle under section
169.825, that additional amount shall must nevertheless be paid
into the highway fund, but the additional tax thus paid shall
does not authorize or permit any person to operate the vehicle
to be operated with a gross weight in excess of the maximum
legal weight as provided by section 169.825. Unless the owner
within 30 days after a conviction shall apply applies to
increase the authorized weight and pay pays the additional tax
as provided in this section, the registrar shall revoke the
registration on the vehicle and demand the return of the
registration card and plates issued on that registration.
(2) The owner or driver or user of a motor vehicle, trailer
or semitrailer Upon conviction of an owner, driver, or user of a
motor vehicle, trailer, or semitrailer for transporting a gross
weight in excess of the gross weight for which the motor
vehicle, trailer, or semitrailer was registered by 25 percent or
more, or for operating or using a the vehicle or trailer with an
axle weight exceeding the maximum lawful axle load as provided
in section 169.825 by 25 percent or more, and in addition to any
penalty imposed for the misdemeanor, the registrar shall have
either (i) cancel the reciprocity privileges on the vehicle
involved if the vehicle is being operated under
reciprocity canceled by the registrar, or (ii) if the vehicle is
not being operated under reciprocity, cancel the certificate of
registration on the vehicle operated shall be canceled by the
registrar and the registrar shall demand the return of the
registration certificate and registration plates. The registrar
may not cancel the registration or reciprocity privileges for
any vehicle found in violation of seasonal load restrictions
imposed under section 169.87 unless the axle weight exceeds the
year-round weight limit for the highway on which the violation
occurred. The registrar may investigate any allegation of gross
weight violations and demand that the operator show cause why
all future operating privileges in the state should not be
revoked unless the additional tax assessed is paid.
(3) Clause (1) does not apply to the first haul of
unprocessed or raw farm products or unfinished forest products,
when the registered gross weight is not exceeded by more than
ten percent. For purposes of this clause, "first haul" means (i)
the first, continuous transportation of unprocessed or raw farm
products from the place of production or on-farm storage site to
any other location within 50 miles of the place of production or
on-farm storage site, or (ii) the first, continuous
transportation of unfinished forest products from the place of
production to the place of first unloading.
(4) When the registration on a motor vehicle, trailer, or
semitrailer is revoked by the registrar according to provisions
of this section, the vehicle shall must not be operated on the
highways of the state until it is registered or reregistered, as
the case may be, and new plates issued, and the registration fee
shall be is the annual tax for the total gross weight of the
vehicle at the time of violation. The reregistration pursuant
to this subdivision of any vehicle operating under reciprocity
agreements pursuant to section 168.181 or 168.187 shall must be
at the full annual registration fee without regard to the
percentage of vehicle miles traveled in this state.
Sec. 5. Minnesota Statutes 2000, section 168.09,
subdivision 1, is amended to read:
Subdivision 1. [REGISTRATION REQUIRED.] No trailer or
motor vehicle, except as is exempted by section 168.012, shall
use may be used or be operated upon the public streets or
highways of the state in any calendar year until it is
registered, as provided in this section, and the motor vehicle
tax and fees as provided in this chapter are paid, and the
number plates issued for the trailer or motor vehicle are
displayed on the vehicle it. No trailer or motor vehicle,
except as provided by section 168.012, which shall for any
reason is not be subject to taxation as provided in this
chapter, shall use may be used or be operated upon the public
streets or highways of this state until it is registered, as
provided in this section, and shall display displays number
plates as required by the provisions of this chapter, except
that the purchaser of a new trailer or motor vehicle may operate
that motor vehicle it without plates if the permit authorized by
section 168.091 or 168.092 is displayed.
Sec. 6. Minnesota Statutes 2000, section 168.09,
subdivision 3, is amended to read:
Subd. 3. [PRORATABLE VEHICLES; OTHER VEHICLES.] (a) Plates
or other insignia issued for a motor vehicle registered under
the provisions of section 168.187 for a calendar year shall be
displayed on the motor vehicle not later than 12:01 a.m. on
March 2 of the year unless extended by the registrar for the
period of time required for the issuance of the new plates or
insignia. The commissioner of public safety shall register all
motor vehicles registered under section 168.187 for a period of
14 months for the registration year 1994 to implement the
provisions of this subdivision. The registration year for
vehicles registered under section 168.187, as provided in this
section shall be, is from March 1 to the last day of February
for 1995 and succeeding years.
(b) Except for a motor vehicle registered under section
168.017 or 168.187, plates or other insignia issued for a
self-propelled motor vehicle registered for over 27,000
pounds except a motor vehicle registered under the provision of
sections 168.017 and 168.187 shall be displayed on the vehicle
not later than 12:01 a.m. on March 2 of the year, nor and,
except for recreational equipment, not earlier than 12:01 a.m.
on February 15 of the year, unless otherwise extended by the
registrar for the period of time required for the issuance of
issuing the new plates or insignia.
(c) Except for a motor vehicle registered under section
168.017 or 168.187, plates or other insignia issued for a
self-propelled vehicle registered for 27,000 pounds or less and
all other motor vehicles except those registered under the
provisions of section 168.017 or 168.187 shall be displayed not
later than 12:01 a.m. on March 2 of the year, and, except for
recreational equipment, not earlier than January 1 of the year
unless otherwise extended by the registrar for the period of
time required for the issuance of issuing the new plates or
insignia. The registration year for all vehicles as provided in
this paragraph and paragraph (b) shall be is from March 1 to the
last day of February for 1979 and succeeding years.
Sec. 7. Minnesota Statutes 2000, section 168.10,
subdivision 1c, is amended to read:
Subd. 1c. [COLLECTOR'S VEHICLE, COLLECTOR LICENSE.] (a)
The owner of any motor vehicle, including any truck, that is at
least 20 model years old and, was manufactured after 1935, or
any motor vehicle of a defunct make defined as any car or truck
originally licensed as a separate identifiable make as
designated by the division of motor vehicles, and is owned and
operated solely as a collector's vehicle, shall be listed list
the vehicle for taxation and registration as follows:
(1) execute an affidavit shall be executed stating the name
and address of the person from whom purchased and of the new
owner, the make of the motor vehicle, the year and number of the
model, the manufacturer's identification number, and that the
vehicle is owned and operated solely as a collector's item and
not for general transportation purposes. The owner must also;
and
(2) prove that the owner also has one or more vehicles with
regular license plates.
If the registrar is satisfied that the affidavit is true and
correct and the owner pays a $25 tax, the registrar shall list
the vehicle for taxation and registration and shall issue a
single number plate.
(b) The number plate issued shall bear the inscription
"Collector," "Minnesota," and the registration number or other
combination of characters authorized under section 168.12,
subdivision 2a, but no date. The number plate is valid without
renewal as long as the vehicle is in existence. The registrar
has the power to revoke the plate for failure to comply with
this subdivision.
Sec. 8. [168.1255] [SPECIAL VETERAN CONTRIBUTION LICENSE
PLATES.]
Subdivision 1. [GENERAL REQUIREMENTS AND PROCEDURES.] The
registrar shall issue special veteran contribution license
plates to an applicant who:
(1) is a veteran, as defined in section 197.447;
(2) is an owner or joint owner of a passenger automobile,
pickup truck, or van;
(3) pays a fee of $10 to cover the costs of handling and
manufacturing the plates;
(4) pays the registration tax required under section
168.013;
(5) pays the fees required under this chapter;
(6) pays an additional one-time World War II memorial
contribution of $30, which the department shall retain until all
start-up costs associated with the development and issuing of
the plates have been recovered, after which the commissioner
shall deposit contributions in the World War II donation match
account; and
(7) complies with laws and rules governing registration and
licensing of vehicles and drivers.
Subd. 2. [DESIGN.] The commissioner of veterans affairs
shall design the special plates, subject to the approval of the
registrar, that satisfy the following requirements:
(1) the special veteran contribution plates must bear the
inscription "PROUD TO BE A VETERAN" on the bottom of the plate;
and
(2) the flag of the United States of America must appear on
the left side of the plate just preceding the first letter or
numeral of the special license plate number.
Subd. 3. [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
passenger automobile, pickup truck, or van owned or jointly
owned by the person to whom the special plates were issued.
Subd. 4. [FEES CREDITED.] The fees collected under this
section must be deposited in the state treasury and credited to
the highway user tax distribution fund. Fees collected under
this section do not include the contributions collected for the
World War II memorial donation match account.
Subd. 5. [RECORD.] The registrar shall maintain a record
of the number of special plates issued under this section.
Sec. 9. Minnesota Statutes 2000, section 168.27, as
amended by Laws 2001, chapter 151, section 1; and Laws 2001,
First Special Session chapter 8, article 2, sections 35 and 36,
is amended to read:
168.27 [MOTOR VEHICLE DEALERS; VIOLATIONS, PENALTIES.]
Subdivision 1. [DEFINITIONS.] (a) For the purposes of this
section, the following terms in paragraphs (b) to (o) have the
meanings given them:.
(1) (b) "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) (c) "Brokering motor vehicles" means arranging sales or
leases between buyers and sellers, or lessees and lessors, of
motor vehicles and receiving a fee for those services.
(3) (d) "Wholesaling motor vehicles" means selling new or
used motor vehicles to dealers for resale to the public.
(4) (e) "Auctioning motor vehicles" means arranging for and
handling the sale of motor vehicles, not the property of the
auctioneer, to the highest bidder.
(5) (f) "Dealer" includes licensed new motor vehicle
dealers, used motor vehicle dealers, motor vehicle brokers,
wholesalers, auctioneers, lessors of new or used motor vehicles,
scrap metal processors, used vehicle parts dealers, and salvage
pools.
(6) (g) "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) (h) "Commercial office space" means office space
occupying all or part of a commercial building.
(8) (i) "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) (j) "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.
(10) (k) "New motor vehicle" means a motor vehicle other
than described in paragraph (9) (j).
(11) (l) "Junked vehicle" means a vehicle that is declared
unrepairable under section 168A.151.
(12) (m) "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.
(13) (n) "Motor vehicle broker" means a person who arranges
the sale of a motor vehicle between a buyer and a seller, or the
lease of a motor vehicle between a lessee and a lessor, for
which service the broker receives a fee.
(o) "Registration year" means the 12-month period for which
a dealer license is issued.
Subd. 1a. [DEALER LICENSE CATEGORIES.] (a) No person shall
engage in the business of selling new motor vehicles or shall
offer to sell, solicit, deliver, or advertise the sale of new
motor vehicles without first acquiring a new motor vehicle
dealer license.
(b) No person shall engage in the business of selling used
motor vehicles or shall offer to sell, solicit, deliver, or
advertise the sale of used motor vehicles without first
acquiring a used motor vehicle dealer license.
(c) No person shall engage in the business of buying or
otherwise acquiring vehicles other than hulks; or offering to
buy or otherwise acquire, or soliciting or advertising the
buying or acquiring of, vehicles other than hulks for processing
and selling the metal for remelting without first acquiring a
scrap metal processor license.
For purposes of this paragraph, a "hulk" is a motor vehicle
that is incapable, under its own power, of moving and is
incapable of transporting persons or property and has had
valuable used parts removed. Its sole value is its metallic
content.
(d) No person shall be primarily engaged in the business of
buying or otherwise acquiring vehicles for the purpose of
dismantling the vehicles and selling used parts and the
remaining scrap metals without first acquiring a used vehicle
parts dealer license.
(e) No person shall engage in the business of storing and
displaying, offering to store or display, or soliciting or
advertising the storing or displaying, for sale, of damaged or
junked vehicles as an agent or escrow agent of an insurance
company without first acquiring a vehicle salvage pool license.
(f) No person shall engage in the business of leasing motor
vehicles or shall offer to lease, solicit or advertise to lease
motor vehicles without first acquiring a motor vehicle lessor
license.
(g) No person shall engage in the business of wholesaling
motor vehicles to dealers for resale or shall offer to sell,
solicit or advertise the sale of motor vehicles to dealers for
resale without first acquiring a motor vehicle wholesaler
license.
(h) No person shall engage in the business of auctioning
motor vehicles for more than one owner at an auction or shall
offer to sell, solicit or advertise the sale of motor vehicles
at auction without first acquiring a motor vehicle auctioneer
license.
(i) No person shall engage in the business of brokering
motor vehicles without first acquiring a motor vehicle broker's
license.
Subd. 2. [NEW MOTOR VEHICLE DEALER.] (a) No person shall
engage in the business of selling new motor vehicles or shall
offer to sell, solicit, deliver, or advertise the sale of new
motor vehicles without first acquiring a new motor vehicle
dealer license. A new motor vehicle dealer licensee shall be
entitled thereunder to may sell, broker, wholesale, or auction
and to solicit and advertise the sale, broker brokerage,
wholesale, or auction of new motor vehicles covered by the
franchise and any used motor vehicles or to, and may lease and
to solicit and advertise the lease of new motor vehicles and any
used motor vehicles and such. New motor vehicle dealer sales or
leases may be either for consumer use at retail or for resale to
a dealer. A new motor vehicle dealer may engage in the business
of buying or otherwise acquiring vehicles for dismantling the
vehicles and selling used parts and remaining scrap materials
under chapter 168A, except that a new motor vehicle dealer may
not purchase a junked vehicle from a salvage pool, insurance
company, or its agent unless the dealer is also licensed as a
used vehicle parts dealer. Nothing herein shall be construed to
require in this subdivision requires an applicant for a dealer
license who proposes to deal in: (1) new and unused motor
vehicle bodies; or (2) type A, B, or C motor homes as defined in
section 168.011, subdivision 25, to have a bona fide contract or
franchise in effect with either the first-stage manufacturer of
the motor home or the manufacturer or distributor of any motor
vehicle chassis upon which the new and unused motor vehicle body
is mounted. The modification or conversion of a new van-type
vehicle into a multipurpose passenger vehicle which is not a
motor home does not constitute dealing in new or unused motor
vehicle bodies, and a person engaged in the business of selling
these van-type vehicles must have a bona fide contract or
franchise with the appropriate manufacturer under subdivision
10. A van converter or modifier who owns these modified or
converted van-type vehicles may sell them at wholesale to new
motor vehicle dealers having a bona fide contract or franchise
with the first-stage manufacturer of the vehicles.
(b) The requirements pertaining to franchises do not apply
to persons who remodel or convert motor vehicles for medical
purposes. For purposes of this subdivision, "medical purpose"
means certification by a licensed physician that remodeling or
conversion of a motor vehicle is necessary to enable a disabled
person to use the vehicle.
(c) A new motor vehicle dealer shall not deliver a
manufacturer's or importer's certificate of origin for a
passenger automobile, pickup truck, or van requiring a
certificate of title pursuant according to chapter 168A to any
person in conjunction with the sale of a vehicle except to the
department, another new motor vehicle dealer licensed to sell
the same line or make, or a person whose primary business is
picking up and delivering motor vehicle title documents.
(d) If a new motor vehicle dealer agrees to sell or lease a
new motor vehicle using the services of a motor vehicle broker,
the new motor vehicle dealer may not refuse to deliver
possession of the vehicle to the buyer or lessee. This
paragraph does not require delivery unless all arrangements have
been properly completed for payment, insurance required by law,
titling, transfer, and registration of the new vehicle and any
trade-in vehicle. Delivery may take place at or away from the
dealership.
Subd. 3. [USED MOTOR VEHICLE DEALER.] No person shall
engage in the business of selling or arranging the sale of used
motor vehicles or shall offer to sell, solicit, arrange, or
advertise the sale of used motor vehicles without first
acquiring a used motor vehicle dealer license. A used motor
vehicle dealer licensee shall be entitled thereunder to may
sell, lease, broker, wholesale, or auction and to solicit and
advertise the sale, lease, broker brokerage, wholesale, or
auction of any used motor vehicles for consumer use at retail or
for resale to a dealer. A used motor vehicle dealer may engage
in the business of buying or otherwise acquiring vehicles for
dismantling the vehicles and selling used parts and remaining
scrap materials under chapter 168A, except that a used motor
vehicle dealer may not acquire a junked vehicle from a salvage
pool, insurance company, or its agent, unless the dealer is also
licensed as a used vehicle parts dealer.
Subd. 3a. [SCRAP METAL PROCESSOR.] (a) A person must have
a scrap metal processor license to engage in the business of:
(1) buying or otherwise acquiring vehicles other than
hulks; or
(2) offering to buy or otherwise acquire, or soliciting or
advertising the buying or acquiring of, vehicles other than
hulks for processing and selling the metal for remelting. For
purposes of this subdivision, a "hulk" is a motor vehicle that
is incapable, under its own power, of moving and is incapable of
transporting persons or property and has had any valuable used
parts removed. Its sole value is its metallic content.
(b) A scrap metal processor licensee is entitled to may buy
or otherwise acquire vehicles and to solicit and advertise the
buying or acquiring of vehicles for processing and selling the
metal for remelting. A scrap metal processor licensee may not
acquire a junked vehicle for the purpose of dismantling and
selling used vehicle parts and remaining scrap materials unless
the scrap metal processor is also licensed as a used vehicle
parts dealer.
Subd. 3b. [USED VEHICLE PARTS DEALER.] A person must have
a used vehicle parts dealer's license to be primarily engaged in
the business of buying or otherwise acquiring vehicles for the
purpose of dismantling the vehicles and selling used parts and
the remaining scrap metals.
Subd. 3c. [VEHICLE SALVAGE POOL.] A person must have a
vehicle salvage pool license to engage in the business of:
storing and displaying, offering to store or display, or
soliciting or advertising the storing or displaying, for sale,
of damaged or junked vehicles as an agent or escrow agent of an
insurance company. A vehicle salvage pool licensee is entitled
to may store and display and to may solicit and advertise the
storing and displaying, for sale, of damaged or junked vehicles
as an agent or escrow agent of an insurance company. A vehicle
salvage pool licensee shall not sell junked vehicles to any
party other than a licensed used parts dealer.
Subd. 4. [MOTOR VEHICLE LESSOR.] No person shall engage in
the business of leasing motor vehicles or shall offer to lease,
solicit or advertise to lease motor vehicles without first
acquiring a motor vehicle lessor license. A motor vehicle
lessor licensee shall be entitled thereunder to may lease or
rent either by the hour, day or longer period for a fee and to
may solicit and advertise the lease or rental of motor
vehicles. A motor vehicle lessor having leased motor vehicles,
may sell the vehicles upon their return to the lessor after
termination or expiration of the lease without obtaining a used
motor vehicle dealer license.
Subd. 4a. [LIMITED USED VEHICLE LICENSE.] A limited used
vehicle license shall be provided to a nonprofit charitable
organization that qualifies for tax exemption under section
501(c)(3) of the Internal Revenue Code whose primary business in
the transfer of vehicles is to raise funds for the corporation,
who acquires vehicles for sale through donation, and who uses a
licensed motor vehicle auctioneer to sell vehicles to retail
customers. This license does not apply to educational
institutions whose primary purpose is to train students in the
repair, maintenance, and sale of motor vehicles. A limited used
vehicle license allows the organization to accept assignment of
vehicles without the requirement to transfer title as provided
in section 168A.10 until sold to a retail customer. Limited
used vehicle license holders are not entitled to dealer plates,
and shall report all vehicles held for resale to the department
of public safety in a manner and time prescribed by the
department.
Subd. 5a. [CONSIGNMENT SALES.] No person may solicit,
accept, offer for sale, or sell motor vehicles for consignment
sale unless licensed as a new or used motor vehicle dealer, a
motor vehicle wholesaler, or a motor vehicle auctioneer. This
requirement does not apply to 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. Incidental
means up to a total of ten but no more than ten percent of the
items in the posted auction bill are motor vehicles.
Subd. 6. [MOTOR VEHICLE WHOLESALER.] No person shall
engage in the business of wholesaling motor vehicles to dealers
for resale or shall offer to sell, solicit or advertise the sale
of motor vehicles to dealers for resale without first acquiring
a motor vehicle wholesaler license. A motor vehicle wholesaler
licensee shall be entitled thereunder to may sell, solicit or
advertise the sale of motor vehicles at wholesale for resale;
provided that a wholesaler may sell, solicit, or advertise the
sale of new motor vehicles only to dealers duly licensed to sell
the same make of motor vehicles.
Subd. 7. [MOTOR VEHICLE AUCTIONEER.] No person shall
engage in the business of auctioning motor vehicles for more
than one owner at an auction or shall offer to sell, solicit or
advertise the sale of motor vehicles at auction without first
acquiring a motor vehicle auctioneer license. A motor vehicle
auctioneer licensee shall be entitled thereunder to may sell,
solicit and advertise the sale of used motor vehicles belonging
to others at auction.
Subd. 7a. [MOTOR VEHICLE BROKER.] (a) No person shall
engage in the business of brokering motor vehicles without first
acquiring a motor vehicle broker's license. A motor vehicle
broker shall provide each buyer or lessee with a written
disclosure stating whether the motor vehicle broker receives a
fee from the dealers with whom the broker does business. The
new or used motor vehicle dealer shall be is the seller of
record in all such transactions. The motor vehicle dealer may
pay the motor vehicle broker a fee for brokering services
rendered. A motor vehicle broker may:
(1) advertise and solicit the brokering of new motor
vehicles. A motor vehicle broker shall not advertise or make
any representations which state, imply, or suggest that the
motor vehicle broker itself sells vehicles, is authorized to
sell vehicles, or obtains vehicles directly from the motor
vehicle manufacturer. All advertising or other solicitations by
a motor vehicle broker shall disclose that sales of new motor
vehicles are arranged through franchised motor vehicle dealers;
(2) negotiate or quote the sale price or lease terms of
motor vehicles;
(3) prepare and deliver documents necessary to the
transaction;
(4) accept a down payment not to exceed $500, but otherwise
may not accept payment in full or in part for a motor vehicle
unless the payment is in the form of a negotiable instrument
payable to the vehicle dealer;
(5) accompany a motor vehicle purchaser or lessee at the
time of delivery by the selling dealer of a new motor vehicle;
and
(6) be present when warranties and safety features are
described by the selling dealer in conjunction with the delivery
of a new motor vehicle.
(b) A motor vehicle broker shall not:
(1) engage in the business of selling new or used motor
vehicles as described in subdivisions 2 and 3;
(2) execute contracts or official documents for the sale or
lease of a new motor vehicle;
(3) describe a new vehicle's warranties or safety features
in conjunction with the delivery of a new motor vehicle;
(4) display motor vehicles available for sale or lease; or
(5) perform any dealer preparation of new motor vehicles.
All dealer preparation shall be performed only by a licensed new
motor vehicle dealer.
(c) This subdivision does not apply to licensed motor
vehicle lessors and shall not be construed to restrict licensed
motor vehicle lessors from brokering motor vehicle leases or
otherwise engaging in the leasing of motor vehicles in
accordance with subdivisions 1 and 4.
Subd. 8. [EXEMPTIONS.] (a) Salespeople and other employees
of licensed dealers under this section are not required to
obtain individual licenses.
(b) Isolated or occasional sales or leases of new or used
motor vehicles are exempt from this section. A person who makes
only isolated or occasional sales or leases is not required to
be licensed under this section, is not considered to be in the
business of selling or leasing motor vehicles, and does not
qualify to receive dealer plates under subdivision 16.
"Isolated or occasional sales or leases" means: (1) the sale or
lease of a motor vehicle with an actual cash value of $1,000 or
less made by a charitable organization; (2) the sale, purchase,
or lease of not more than five motor vehicles in a 12-month
period, other than pioneer or classic motor vehicles as defined
in section 168.10, subdivisions 1a and 1b, or (3) 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. For purposes of this subdivision, charitable
organization means a nonprofit charitable organization that
qualifies for tax exemption under section 501(c)(3) of the
Internal Revenue Code.
(c) A person whose sales of new and used motor vehicles
consist solely of sales to political subdivisions and their
agencies of vehicles used solely as firefighting equipment is
not required to obtain a license under this section. The person
may apply for and receive in-transit plates under subdivision 17
in the same manner as licensed motor vehicle dealers for the
purpose of allowing firefighting equipment to be transported
from the dealer's source of supply or other place of storage to
the dealer's place of business, to another place of storage, or
directly to the purchaser.
Subd. 9. [APPLICATION.] Application for such license and
renewal thereof shall All license applications under this
section and all license renewals must be made to the registrar
of motor vehicles, shall be in writing, and duly verified by
oath. The applicant shall submit such information as the
registrar may require to administer this section, on blanks
provided by the registrar for such purpose in a manner and
format prescribed by the registrar.
Subd. 10. [PLACE OF BUSINESS.] (a) All licensees under
this section shall have an established place of business which
shall include as a minimum:
(1) For a new motor vehicle dealer, the following:
(i) a commercial building owned or under lease by the
licensee. The lease shall must be for a minimum term of one
year. The building shall must contain office space where the
books, records, and files necessary to conduct the business are
kept and maintained with personnel available during normal
business hours. Dealership business hours must be conspicuously
posted on the place of doing business and readily viewable by
the public;
(ii) a bona fide contract or franchise (1) in effect with a
manufacturer or distributor of the new motor vehicles the dealer
proposes to sell, broker, wholesale, or auction, or (2) in
effect with the first-stage manufacturer or distributor of new
motor vehicles purchased from a van converter or modifier which
the dealer proposes to sell, broker, wholesale, or auction, or
(3) in effect with the final stage manufacturer of the new type
A, B, or C motor homes which the dealer proposes to sell,
broker, wholesale, or auction;
(iii) a facility for the repair and servicing of motor
vehicles and the storage of parts and accessories, not to exceed
ten miles distance from the principal place of business. Such
The service may be provided through contract with bona fide
operators actually engaged in such the services;
(iv) an area either indoors or outdoors to display motor
vehicles which that is owned or under lease by the licensee; and
(v) a sign readily viewable by the public that
clearly identifying identifies the dealership by name which is
readily viewable by the public.
(2) For a used motor vehicle dealer, the following:
(i) a commercial building owned or under lease by the
licensee. The lease shall must be for a minimum term of one
year. The building shall must contain office space where the
books, records, and files necessary to conduct the business are
kept and maintained with personnel available during normal
business hours or automatic telephone answering service during
normal business hours. Dealership business hours must be
conspicuously posted on the place of doing business and readily
viewable by the public;
(ii) an area either indoors or outdoors to display motor
vehicles which is owned or under lease by the licensee; and
(iii) a sign readily viewable by the public that
clearly identifying identifies the dealership by name which is
readily viewable by the public.
(3) For a motor vehicle lessor, the following: a
commercial office space where the books, records, and files
necessary to conduct the business are kept and maintained with
personnel available during normal business hours or an automatic
telephone answering service during normal business hours.
Business hours must be conspicuously posted on the place of
doing business and readily viewable by the public. The office
space must be owned or under lease for a minimum term of one
year by the licensee.
(4) For a motor vehicle wholesaler, the following: a
commercial office space where the books, records, and files
necessary to conduct the business are kept and maintained with
personnel available during normal business hours or an automatic
telephone answering service during normal business hours. The
office space must be owned or under lease for a minimum term of
one year by the licensee.
(5) For a motor vehicle auctioneer, the following: a
permanent enclosed commercial building, within or without the
state, on a permanent foundation, owned or under lease by the
licensee. The lease shall must be for a minimum term of one
year. The building shall must contain office space where the
books, records, and files necessary to conduct the business are
kept and maintained with personnel available during normal
business hours or an automatic telephone answering service
during normal business hours.
(6) For a motor vehicle broker, the following: a
commercial office space where books, records, and files
necessary to conduct business are kept and maintained with
personnel available during normal business hours, or an
automatic telephone answering service available during normal
business hours. A sign, clearly identifying the motor vehicle
broker by name and listing the broker's business hours, must be
posted in a location and manner readily viewable by a member of
the public visiting the office space. The office space must be
owned or under lease for a minimum term of one year by the
licensee.
(b) If a new or used motor vehicle dealer maintains more
than one place of doing business in a county, the separate
places shall must be listed on the application. If additional
places of business are maintained outside of one county,
separate licenses shall must be obtained for each county.
(c) If a motor vehicle lessor, wholesaler, auctioneer, or
motor vehicle broker maintains more than one permanent place of
doing business, either in one or more counties, the separate
places shall must be listed in the application, but only one
license shall be is required. If a lessor proposes to sell
previously leased or rented vehicles or if a broker proposes to
establish an office at a location outside the seven-county
metropolitan area, as defined in section 473.121, subdivision 2,
other than cities of the first class, the lessor or broker must
obtain a license for each nonmetropolitan area county in which
the lessor's sales are to take place or where the broker
proposes to locate an office.
(d) If a motor vehicle dealer, lessor, wholesaler, or motor
vehicle broker does not have direct access to a public road or
street, any privately owned roadway providing access to a public
road or street must be clearly identified and adequately
maintained.
(e) A new or used motor vehicle dealer may establish a
temporary place of business outside the county where it
maintains its licensed location to sell horse trailers
exclusively without obtaining an additional license.
(f) A new or used motor vehicle dealer may establish a
temporary place of business outside the county where it
maintains its licensed location to sell recreational equipment
exclusively without obtaining an additional license if:
(1) the dealer establishes a temporary place of business
for the sale of recreational equipment not more than four times
during any calendar year;
(2) each temporary place of business other than an official
county fair or the Minnesota state fair within the seven-county
metropolitan area, as defined in section 473.121, subdivision 2,
is established jointly with at least four other recreational
equipment dealers;
(3) each temporary place of business other than an official
county fair outside the seven-county metropolitan area, as
defined in section 473.121, subdivision 2, is established
jointly with at least one other recreational equipment dealer;
(4) each establishment of a temporary place of business for
the sale of recreational equipment is for no more than 12
consecutive days; and
(5) the dealer notifies the registrar of motor vehicles of
each temporary place of business for the sale of recreational
equipment.
Subd. 11. [LICENSES; FEE.] Application for license or
notification of a change of location of a license must include a
street address, not a post office box, and is subject to the
registrar's approval. Upon the filing of an application for a
license and the proper fee, the registrar is authorized, unless
the application on its face appears to be invalid, to grant a
90-day temporary license and. During said the 90-day
period following issuance of temporary license, the registrar
shall investigate the fitness of the applicant, inspect the site
and make such other investigation as is necessary to insure
compliance with the licensing law. The registrar may extend the
temporary license 30 days. At the end of the period of
investigation the license shall must either be granted or
denied. The license must be denied if within the previous ten
years the applicant was enjoined due to a violation of section
325F.69 or convicted of violating section 325E.14, 325E.15,
325E.16, or 325F.69, or convicted under section 609.53 of
receiving or selling stolen vehicles, or convicted of violating
United States Code, title 15, sections 1981 to 1991, as amended
through December 31, 1984, or pleaded guilty, entered a plea of
nolo contendere or no contest, or has been found guilty in a
court of competent jurisdiction of any charge of failure to pay
state or federal income or sales taxes or felony charge of
forgery, embezzlement, obtaining money under false pretenses,
theft by swindle, extortion, conspiracy to defraud, or bribery.
The license must also be denied if within the previous year the
applicant has been denied a license. A license must also be
denied if the applicant has had a dealer license revoked within
the previous ten years. If the application is approved, the
registrar shall license the applicant as a motor vehicle dealer
for the remainder of the calendar year, one year from the date
the temporary license is granted and issue a certificate of
license therefor as the registrar may provide upon which shall
be placed that must include a distinguishing number of
identification of such the dealer. The license must be
displayed in a prominent place in the licensed location. Each
initial application for a license shall must be accompanied by a
fee of $50 in addition to the annual fee. The annual fee shall
be $100. All initial fees and annual fees shall must be paid
into the state treasury and credited to the general fund. If
the initial application is received by the registrar after July
1 of any year, the first annual fee shall be reduced by one-half.
Subd. 12. [GROUNDS FOR SUSPENSION AND REVOCATION.] (a) 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 or
chapter 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 in this section;
(6) revocation of previous license, of which the records of
the registrar relating thereto shall be to the revocation are
prima facie evidence of such the 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 that 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;
(15) having been convicted under section 609.53 of
receiving or selling stolen vehicles; or
(16) having pleaded guilty, entered a plea of nolo
contendere or no contest, or having been found guilty in a court
of competent jurisdiction of any charge of failure to pay state
or federal income or sales taxes or felony charge of forgery,
embezzlement, obtaining money under false pretenses, theft by
swindle, extortion, conspiracy to defraud, or bribery.
(b) With respect to paragraph (a), clauses (12), (13),
(15), and (16), 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.
Subd. 12a. [GROUNDS FOR CANCELLATION; NOTICE REQUIRED.]
(a) A license may be canceled by the registrar after notice to
the dealer, upon satisfactory proof that the dealer (1) has
failed to provide or maintain the required surety bond, (2) has
failed to provide or maintain the insurance required under
chapter 65B, or (3) is no longer operating at the dealer's
licensed location.
(b) Surety companies and insurers providing required
coverages shall promptly notify the registrar upon canceling any
surety bond or required insurance. The registrar shall notify
the dealer of the reason or reasons for cancellation before the
cancellation occurs.
Subd. 13. [SUSPENSION AND REVOCATION; HEARING.] (a) 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 The notice shall must 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 must
require the licensee to appear at the time and place
fixed therein in the notice before the registrar, and show cause
why the license should not be suspended or revoked.
(b) 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 must be conducted in accordance with the
provisions of according to chapter 14, except that the
provisions of section 14.50, shall do not apply. The registrar
is authorized to may subpoena witnesses and administer oaths.
If the registrar shall find finds the existence of any of the
causes for suspension or revocation as set forth in subdivision
12 and determine determines 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 the order shall
must be served upon such the 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 the 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 of the license of a new or used motor
vehicle dealer, said the 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.
Subd. 14. [APPEAL.] Any party or person aggrieved by such
an order of suspension, revocation or imposition of a penalty
may seek judicial review pursuant to the provisions of according
to chapter 14.
Subd. 15. [ENFORCEMENT.] The registrar is hereby
authorized to shall enforce this section and is directed to may
appoint under the registrar's hand not less than at least seven
persons amongst of the registrar's several employees, as
inspectors and investigators and who when so appointed, shall.
The inspectors and investigators have full authority to enforce
this section throughout the 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.
Subd. 16. [DEALER PLATES: DISTINGUISHING NUMBER, FEE,
TAX, USE.] (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 registration year, of which $60 must be paid
to the registrar and the remaining $15 is payable as sales tax
on motor vehicles under section 297B.035. For each additional
plate, the dealer shall pay the registrar a fee of $25 and a
sales tax on motor vehicles of $15 per calendar registration
year. The registrar shall deposit the tax in the state treasury
and it shall to be credited as provided in section 297B.09.
Motor vehicles, new or used, owned by the motor vehicle
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 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.
Subd. 17. [IN-TRANSIT PLATES; FEE.] Every licensed dealer
in motor vehicles may make application upon a blank provided by
the registrar for that purpose for 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. 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 registration
year. 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 for the plates are duly licensed dealers under the laws
of the states or provinces.
Subd. 18. [TESTIMONIAL POWERS.] The registrar shall have,
and is hereby granted full authority to may issue subpoenas
requiring the attendance of witnesses before the registrar,
production of books, papers, and other documents, articles, or
instruments, and compel the disclosure by such witnesses of all
facts known to them relative to the matter under investigation,
and shall have full authority to may administer oaths and to
take testimony. All parties disobeying the orders of subpoenas
of the registrar shall be are guilty of contempt, as in
proceedings in district courts of the state and may be punished
in like manner.
Subd. 19. [VIOLATIONS.] Any person, copartnership, or
corporation, domestic or foreign, and any officer, or director,
or employee of a corporation, domestic or foreign, who shall
violate or neglect, fail or refuse to comply with any of the
provisions of this section shall be violates this section is
guilty of a misdemeanor.
Subd. 19a. [INJUNCTION.] The commissioner or a county
attorney may institute a civil action in the name of the state
in district court for an injunction prohibiting a violation of
this section and for civil penalties not to exceed $1,000 for
each violation of subdivision 2, 3, 4, 5a, 6, 7, or 7a. The
court, upon proper proof that the defendant has engaged in a
practice prohibited by this section, may enjoin the future
commission of that practice and award civil penalties for
violations of subdivision 2, 3, 4, 5a, 6, 7, or 7a. It is not a
defense to an action that the state may have adequate remedies
at law. Service of process must be as in any other civil suit,
except that where a defendant in the action is a natural person
or firm residing outside the state, or is a foreign corporation,
service of process may also be made by personal service outside
the state; in the manner provided by section 5.25; or as the
court may direct. Process is valid if it satisfies the
requirements of due process of law, whether or not the defendant
is doing business in Minnesota regularly or habitually. Nothing
in this subdivision limits the rights or remedies otherwise
available to persons under common law or other statutes of this
state.
Subd. 20. [APPLICATION TO SALE OF OTHER VEHICLES.] (a)
This section does not apply:
(1) to any person, copartnership, or corporation engaged in
the business of selling vehicles designed to operate exclusively
over snow, motor scooters, motorized wheelchairs, utility
trailers, farm wagons, farm trailers, or farm tractors or other
farm implements, whether self-propelled or not and even though a
vehicle listed in this clause may be equipped with a trailer
hitch; or
(2) to any person licensed as a real estate broker or
salesperson pursuant to chapter 82, who engages in the business
of selling, who offers to sell, or who solicits or advertises
the sale of manufactured homes affixed to land.
(b) However, this section does apply to a person,
copartnership, or corporation described in paragraph (a) who is
also engaged in the business of selling other motor vehicles or
manufactured homes within the provisions of this section.
(c) As used in this subdivision, "utility trailer" means a
motorless vehicle, other than a boat trailer or snowmobile
trailer, equipped with one or two wheels, having a gross vehicle
weight of 4,000 pounds or less, and used for carrying property
on its own structure while being drawn by a motor vehicle.
Subd. 22. [DEALER LICENSE FOR TRAILERS, MOTORIZED
BICYCLES; PLATES, FEES; EXEMPTIONS.] Any person, copartnership,
or corporation having a permanent enclosed commercial building
or structure either owned in fee or leased and engaged in the
business, either exclusively or in addition to any other
occupation, of selling motorized bicycles, boat trailers, horse
trailers, or snowmobile trailers, may apply to the registrar for
a dealer's license. Upon payment of a $10 fee the registrar
shall license the applicant as a dealer for the remainder of the
calendar year in which the application was received. Thereafter
The license may be renewed on or before the second day of
January of each succeeding year by payment of a fee of $10. The
registrar shall issue to each dealer, upon request of the
dealer, dealer plates as provided in subdivision 16 upon payment
of $5 for each plate, and the plates may be used in the same
manner and for the same purposes as is provided in subdivision
16. Except for motorized bicycle dealers, the registrar shall
also issue to the dealer, upon request of the dealer,
"in-transit" plates as provided in subdivision 17 upon payment
of a fee of $5 for each plate. This subdivision shall does not
be construed to abrogate any of the provisions of this
section as the same relates relating to the duties,
responsibilities, and requirements of persons, copartnerships,
or corporations engaged in the business, either exclusively or
in addition to other occupations, of selling motor vehicles or
manufactured homes, except that a seller of boat trailers,
utility trailers, or snowmobile trailers who is licensed under
this subdivision is not required to have a contract or franchise
with a manufacturer or distributor of new boat trailers, utility
trailers, or new snowmobile trailers the seller proposes to
sell, broker, wholesale, or auction. This section shall does
not be construed to require a manufacturer of snowmobile
trailers whose manufacturing facility is located outside of the
metropolitan area as defined in section 473.121 to have a
dealer's license to transport the snowmobile trailers to dealers
or retail outlets in the state.
Subd. 23. [REGISTRAR MAY FILE CHARGES.] The registrar or
the registrar's appointed inspectors may file charges with the
county attorney against any licensee who violates any of the
provisions of this section, including but not limited to, the
grounds for suspension or revocation set out in subdivision 12.
Any violation of this section is a misdemeanor.
Subd. 24. [BONDS.] All persons licensed hereunder
according to this section shall keep in full force and effect a
bond with a corporate surety to be approved by the registrar of
motor vehicles in the following amounts as herein provided; in
the case of boat trailer, snowmobile trailer, horse trailer or
motorized bicycle dealers in the amount of $5,000; and as to all
other persons in the amount of $50,000. The bond shall must be
conditioned on the faithful performance by the licensee of the
obligations imposed by the laws of this state, including the
conduct required of a licensee by this section and other
sections governing the sale or transfer of motor vehicles, and
the payment of all taxes, license fees, and penalties. The bond
shall must be for the benefit of the state of Minnesota and any
transferor, seller, or purchaser of a motor vehicle for any
monetary loss caused by failure of the licensee to meet the
obligations enumerated above. Proceedings on the forfeiture of
the bonds shall must be commenced in the district court of the
county wherein the business of the licensed person was carried
on, or if in more than one county, the county in which the
offense occurred. This subdivision does not apply to a used
vehicle parts dealer or a scrap metal processor.
Subd. 25. [PREEMPTION OF LOCAL ORDINANCES.] It is the
intent and purpose of this section to establish Subdivision 24
establishes a uniform statewide system of bonding motor vehicle
dealers and the provisions of. This section shall supersede and
preempt subdivision supersedes and preempts all bonding
requirements imposed by any local government unit.
Subd. 26. [ADVERTISING DISCLOSURE.] All advertising by a
motor vehicle dealer must disclose that the vehicle is being
offered for sale by a dealer through use of the dealership name,
the term "dealer," or the abbreviation "DLR." A classified
advertisement in a print medium must also include the dealer's
license number.
Subd. 27. [RULES.] The registrar may adopt rules under
chapter 14 to govern the issuance and regulation of dealer
licenses and dealer plates.
Sec. 10. Minnesota Statutes 2000, 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 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 assessed. The bond, letter of credit, or
certificate of deposit 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 must be paid in two equal installments; the due date of the
first installment is the first day of the fifth month of the
registration period for which the tax is assessed and the second
installment 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 indicating the expiration date of a registration. 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 its due date, the
vehicle must not be used on the public streets or highways in
this state until the installment or installments of the tax
remaining due on the vehicle 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
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 the owner who during the current year fails to
pay any installment due within one month after the due date.
Sec. 11. Minnesota Statutes 2000, section 168.33,
subdivision 6, is amended to read:
Subd. 6. [APPLICATION FORMS FURNISHED.] The registrar
shall furnish, from time to time, to 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
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 provide, in a manner and
format prescribed by the registrar, necessary forms and
information to deputy registrars. The registrar and deputy
registrars shall immediately destroy all number plates
surrendered and shall cancel all certificates so surrendered.
Sec. 12. Minnesota Statutes 2000, section 168.33, is
amended by adding a subdivision to read:
Subd. 9. [RULES.] The commissioner of public safety may
adopt rules for administering and enforcing this section.
Sec. 13. Minnesota Statutes 2000, section 168A.01,
subdivision 2, is amended to read:
Subd. 2. [DEALER.] "Dealer" has the meaning given it in
section 168.27, subdivision 1.
Sec. 14. Minnesota Statutes 2000, section 168A.01, is
amended by adding a subdivision to read:
Subd. 2a. [DELIVER.] "Deliver" means to transmit
electronically or by other means approved by the registrar.
Sec. 15. Minnesota Statutes 2000, section 168A.01,
subdivision 24, is amended to read:
Subd. 24. [VEHICLE.] (a) "Vehicle" means every device in,
upon, or by which any person or property is or may be
transported or drawn upon a highway, excepting.
(b) The term does not include:
(1) devices moved by human power or used exclusively upon
stationary rails or tracks, but including; or
(2) vehicles not originally constructed primarily for use
on public roads and highways.
(c) The term does include motorized bicycles as defined in
section 168.011, subdivision 27.
Sec. 16. Minnesota Statutes 2000, 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.; and
(3) at the time of application, a written certification to
the department that the vehicle to be titled meets the
requirements of chapter 169 for vehicles in its class regarding
safety and acceptability to operate on public roads and highways.
Sec. 17. Minnesota Statutes 2000, section 168A.05,
subdivision 5a, is amended to read:
Subd. 5a. [POLLUTION CONTROL EQUIPMENT DISCLOSURE.] The
certificate of title shall contain a form for disclosure by the
transferor of the condition of the vehicle's pollution control
equipment as required by section 325E.0951. The disclosure form
must be in a format as prescribed by the registrar.
Sec. 18. Minnesota Statutes 2000, section 168A.09,
subdivision 1, is amended to read:
Subdivision 1. [APPLICATION; FORM OF DUPLICATE.] In the
event a certificate of title is lost, stolen, mutilated, or
destroyed or becomes illegible, the owner or legal
representative of the owner named in the certificate may make
application to the department or deputy registrar for a
duplicate on in a form format prescribed by the department. The
department shall issue a duplicate certificate of title if
satisfied that the applicant is entitled thereto. The duplicate
certificate of title shall be plainly marked as a duplicate and
mailed or delivered to the owner. The department shall indicate
in its records that a duplicate has been issued. As a condition
to issuing a duplicate certificate of title, the department may
require a bond from the applicant in the manner and form format
prescribed in section 168A.07, subdivision 1, clause (2). The
duplicate certificate of title shall contain the legend: "This
duplicate certificate of title may be subject to the rights of a
person under the original certificate."
Sec. 19. Minnesota Statutes 2000, section 168A.11,
subdivision 2, is amended to read:
Subd. 2. [PURCHASE RECEIPT.] A dealer, on buying a vehicle
for which the seller does not present a 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 format
designated by the department, and deliver one a copy to the
seller. When a vehicle purchased by a dealer has not been
resold after 21 days, the dealer shall mail, transmit, or
deliver one copy of the receipt to the department. In a format
and at a time prescribed by the registrar, the dealer shall
notify the registrar that the vehicle is being held for resale
by the dealer.
Sec. 20. Minnesota Statutes 2000, section 168A.12,
subdivision 1, is amended to read:
Subdivision 1. [LAST CERTIFICATE TO DEPARTMENT;
APPLICATION.] If the interest of an owner in a vehicle passes to
another other than by voluntary transfer, the transferee shall,
except as provided in subdivision 2, promptly mail or deliver to
the department the last certificate of title, if available,
proof of the transfer, and an application for a new certificate
in the form format the department prescribes.
Sec. 21. Minnesota Statutes 2000, section 168A.12,
subdivision 2, is amended to read:
Subd. 2. [OWNER'S INTEREST TERMINATED OR VEHICLE SOLD BY
SECURED PARTY.] If the interest of the owner is terminated or
the vehicle is sold under a security agreement by a secured
party named in the certificate of title, the transferee shall
promptly mail or deliver to the department the last certificate
of title, if available, an application for a new certificate in
the form format the department prescribes, and an affidavit made
by or on behalf of the secured party that the interest of the
owner was lawfully terminated or the vehicle sold pursuant to
the terms of the security agreement. If the secured party
succeeds to the interest of the owner and holds the vehicle for
resale, the secured party need not secure a new certificate of
title provided that a notice thereof in form a format designated
by the department is mailed or delivered by the secured party to
the department in duplicate within 48 hours, but upon transfer
to another person the secured party shall promptly execute
assignment and warranty of title and mail or deliver to the
transferee or the department the certificate, if available, the
affidavit, and other documents required to be sent to the
department by the transferee.
Sec. 22. Minnesota Statutes 2000, section 168A.15, is
amended by adding a subdivision to read:
Subd. 4. [MOTORCYCLE WITH NEW ENGINE.] (a) If the
commissioner does not require that a new or amended title be
issued and stamped as reconstructed or otherwise under this
chapter for an automobile being operated with an engine that is
not its original engine, then the commissioner shall not require
that title issued for a motorcycle being operated with an engine
that is not its original engine be stamped or otherwise labeled
as reconstructed or otherwise.
(b) This subdivision does not prevent the commissioner from
requiring that a new application be completed according to
section 168A.04 and be filed with the commissioner. Upon
receipt of the completed application and the old title, and
subject to section 168A.05, subdivision 1, the commissioner
shall issue another certificate of title, which must list the
engine number, for the motorcycle with the nonoriginal engine.
Sec. 23. Minnesota Statutes 2000, section 168A.154, is
amended to read:
168A.154 [SALVAGE VEHICLE TAKEN OUT OF STATE.]
A dealer who sells a salvage vehicle to a buyer who intends
to remove the vehicle from the state shall report the sale
within ten days to the department on in a form format prescribed
by the department.
Sec. 24. Minnesota Statutes 2000, section 168A.18, is
amended to read:
168A.18 [DUTIES OF PARTIES RELATING TO SECURITY INTEREST.]
If an owner creates a security interest in a vehicle:
(1) The owner shall immediately execute the application in
the space provided therefor on the certificate of title, or on
in a separate form format the department prescribes, to name the
secured party on the certificate, showing the name and address
of the secured party, and cause the certificate, application,
and the required fees and taxes to be delivered to the secured
party.
(2) The secured party shall immediately cause the
certificate, application, and the required fees and taxes to be
mailed or delivered to the department.
(3) A second or subordinate secured party does not affect
the rights of the first secured party under a security agreement.
(4) Upon receipt of the certificate of title, application,
and the required fees and taxes, the department shall issue a
new certificate containing the name and address of the new
secured party, and mail or deliver the certificate to the
owner. The secured party or parties shall be issued a
notification notified that the security interest has been
recorded.
Sec. 25. Minnesota Statutes 2000, section 168A.19,
subdivision 2, is amended to read:
Subd. 2. [ASSIGNEE NAMED AS SECURED PARTY.] The assignee
may, but need not to perfect the assignment, have the
certificate of title endorsed or issued with the assignee named
as secured party, upon delivering to the department the
certificate and an assignment by the secured party named in the
certificate in the form format the department prescribes
together with the required fee.
Sec. 26. Minnesota Statutes 2000, section 168A.20,
subdivision 2, is amended to read:
Subd. 2. [CERTIFICATE WITH PRIOR SECURED PARTY; RELEASE.]
Upon the satisfaction of a security interest in a vehicle for
which the certificate of title is in the possession of a prior
secured party, the secured party whose security interest is
satisfied shall within 15 days, or seven days if satisfied by a
dealer licensed under section 168.27, subdivision 2, 3, or 4,
execute a release in the form format the department prescribes
and deliver the release to the owner or any person who delivers
to the secured party an authorization from the owner to receive
it. The secured party in possession of the certificate of title
shall either deliver the certificate to the owner, or the person
authorized by the owner, for delivery to the department, or upon
receipt of the release, mail or deliver it with the certificate
to the department, which shall release the subordinate secured
party's rights on the certificate or issue a new certificate.
Sec. 27. Minnesota Statutes 2000, section 168A.20,
subdivision 3, is amended to read:
Subd. 3. [CERTIFICATE WITH OWNER.] Upon the satisfaction
of a security interest in a vehicle for which the certificate of
title is in the possession of the owner, the secured party shall
within 15 days, or seven days if satisfied by a dealer licensed
under section 168.27, subdivision 2, 3, or 4, execute a release
of security interest on in the form format prescribed by the
department and mail or deliver the notification with release to
the owner or any person who delivers to the secured party an
authorization from the owner to receive the release. The
secured party may notify the registrar of the satisfaction of
lien in a manner prescribed by the department.
Sec. 28. Minnesota Statutes 2000, section 168A.20,
subdivision 4, is amended to read:
Subd. 4. [SATISFACTION OF LIEN FOR CHILD SUPPORT;
RELEASE.] If the secured party is a public authority or a child
support or maintenance obligee with a lien under section
168A.05, subdivision 8, upon either the satisfaction of a
security interest in a vehicle for which the certificate of
title is in the possession of the owner, or the execution by the
owner of a written payment agreement determined to be acceptable
by the court, a child support magistrate, the public authority,
or the obligee, within 15 days, or seven days if satisfied by a
dealer licensed under section 168.27, subdivision 2, 3, or 4,
the secured party shall execute a release of security interest
on in the form format prescribed by the department and mail or
deliver the notification with release to the owner or any person
who delivers to the secured party an authorization from the
owner to receive the release.
Sec. 29. Minnesota Statutes 2000, section 168A.24,
subdivision 1, is amended to read:
Subdivision 1. [FORMS.] The department shall prescribe and
provide suitable forms of applications, certificates of title,
notices of security interests, and all other notices and forms
necessary to carry out the provisions of sections 168A.01 to
168A.31 and shall determine the format in which the forms will
appear.
Sec. 30. Minnesota Statutes 2000, section 168C.02,
subdivision 1, is amended to read:
Subdivision 1. [SCOPE.] For purposes of Laws 1976, this
chapter 199, the terms defined in this section shall have the
meanings given them.
Sec. 31. Minnesota Statutes 2000, section 168C.02,
subdivision 5, is amended to read:
Subd. 5. [LICENSE PLATE.] "License plate" means a tag,
plate, seal, sticker, or other device which that can be securely
attached to a bicycle and that is issued upon registration of
the bicycle.
Sec. 32. Minnesota Statutes 2000, section 168C.03, is
amended to read:
168C.03 [REGISTRATION APPLICATION.]
On or after March 1, 1977 any owner of a bicycle may apply
for registration of the bicycle to the commissioner, to any
deputy registrar of motor vehicles acting pursuant to section
168.33, or to any deputy registrar of bicycles appointed by the
commissioner pursuant to section 168C.11. Applications shall
contain the name and address of the owner, the signature of the
owner, the name and address of the person from whom purchased,
the date of purchase, the date of registration, the make, serial
number, and any additional information as the commissioner may
require. Applications shall be on a three-part form provided by
the commissioner. The original shall be retained by or
immediately forwarded to the commissioner, the second copy shall
be retained by the purchaser and the third copy shall be
retained for one year by the deputy registrar, if any, who
received the application must be in a format prescribed by the
commissioner and contain information required by the
commissioner to license a bicycle. The commissioner shall
designate a number to be stamped or otherwise permanently
affixed on the frames of bicycles on which no serial number can
be found, or on which the number is illegible or insufficient
for identification purposes.
Sec. 33. Minnesota Statutes 2000, section 168C.04,
subdivision 1, is amended to read:
Subdivision 1. [THREE-YEAR REGISTRATION FEE; PROCEDURES.]
The registration fee for bicycles shall be is $9 after July 1,
1991. These fees shall must be paid at the time of registration.
The fees, and any donations in excess of the fees, must be
deposited in a bicycle transportation account in the special
revenue fund. Proof of purchase ownership is required for
registration. Bicycles lacking proof of purchase ownership may
be registered if there is no evidence that the bicycle is
stolen. However, the registration record must be marked to
indicate that no proof of purchase was provided. The
registration is valid for three calendar years. A person
registering a bicycle may add an additional amount to the
registration fee, and all amounts so added must be deposited in
the same manner as registration fees. A person registering a
bicycle must, at the time of registration, be informed that a
registrant may add an additional amount to the fee and that all
such additional amounts will be used for the purposes specified
in subdivision 2.
Sec. 34. Minnesota Statutes 2000, section 168C.05, is
amended to read:
168C.05 [REPORT OF TRANSFER.]
Every person who sells or transfers ownership of any
bicycle registered pursuant to Laws 1976, this chapter 199 shall
report the sale or transfer to the commissioner, indicating the
name and address of the person to whom the bicycle was sold or
transferred. The report shall be made within 14 days of the
sale or transfer. The report of sale must include the
information required by the commissioner and be in the format
prescribed by the commissioner.
Sec. 35. Minnesota Statutes 2000, section 168C.06, is
amended to read:
168C.06 [NOTIFICATION OF CHANGE OF ADDRESS.]
Upon moving or change of address, the owner of a bicycle
registered pursuant to Laws 1976, this chapter 199 shall notify
the commissioner in writing the format and manner prescribed by
the commissioner of the new address within 14 days.
Sec. 36. Minnesota Statutes 2000, section 168C.07, is
amended to read:
168C.07 [LICENSE PLATES.]
The commissioner shall provide to the registrant a suitable
registration card having that has the registration number
stamped thereon on the card and indicating that indicates the
date of registration, the make and serial number of the bicycle,
the owner's name and address, and any additional information as
the commissioner may require. The commissioner shall retain
information concerning each registration shall be retained by
the commissioner. The commissioner shall issue a license plate,
which shall must be securely attached to the bicycle covered by
the registration. Upon a satisfactory showing that the license
plate or registration card has been lost or destroyed, the
commissioner shall issue a replacement license plate or
registration card upon payment of a fee of $1. All fees so
collected shall must be deposited to the general fund.
Sec. 37. Minnesota Statutes 2000, section 168C.08, is
amended to read:
168C.08 [ALTERING SERIAL NUMBER; PENALTY.]
No A person shall not willfully remove, destroy, mutilate
or otherwise alter the serial number or equivalent number of any
bicycle designated by the commissioner pursuant to section
168C.03. No A person shall not willfully remove, destroy,
mutilate, or otherwise alter any license plate during the time
in which the license plate is operative. Any person who
violates the provisions of this section is guilty of a
misdemeanor.
Sec. 38. Minnesota Statutes 2000, section 168C.09, is
amended to read:
168C.09 [THEFT; PENALTY.]
Subdivision 1. [REPORTS; ENTRY INTO CRIME INFORMATION
CENTER.] The local law enforcement agency shall report the theft
of all bicycles registered pursuant to Laws 1976, this chapter
199 to the department of public safety within five days.
Reports of the stolen bicycles shall must be entered in the
Minnesota crime information center of the department of public
safety. When the stolen bicycle has been recovered by a local
law enforcement agency, the agency shall report the recovery to
the department of public safety within five days of the recovery
in the format and manner prescribed by the commissioner.
Subd. 2. [RECORDS.] The commissioner shall maintain a
record of all bicycles registered pursuant to Laws 1976, this
chapter 199 in the state in an automated system. The records
shall must be available to all authorized law enforcement
agencies through the Minnesota crime information center.
Subd. 3. [VIOLATION AND PENALTY.] Any person who knowingly
sells or offers for sale a bicycle registered under Laws
1976, this chapter 199 which that is not owned by that person or
a family member is guilty of theft and subject to punishment
under section 609.52, subdivision 3.
Sec. 39. Minnesota Statutes 2000, section 168C.11, is
amended to read:
168C.11 [DEPUTY REGISTRARS OF BICYCLES.]
Subdivision 1. [APPOINTMENT.] Subject to the provisions of
subdivision 2, the commissioner shall appoint as deputy
registrars of bicycles any bicycle dealer, or agent or employee
thereof of the dealer, or agent or employee of a nonprofit
organization promoting bicycling or in whose activities
bicycling plays an integral part, or an agent or employee
designated by a municipality that sells bicycles at public
auction who applies for appointment in a manner prescribed by
the commissioner; provided that concurrently there may be no
more than one deputy for each separate place of business of a
bicycle dealer. Deputy registrars of bicycles shall act as
agents of the commissioner and may accept registrations as
provided in Laws 1976, this chapter 199, except that no deputy
registrar of bicycles shall be required to register bicycles
sold by other bicycle dealers. The commissioner, deputy
registrars of motor vehicles, and deputy registrars of bicycles
may charge and retain an additional $1 per registration granted
for their services. In the case of a deputy registrar of motor
vehicles, the $1 shall must be deposited in the treasury of the
place for which the deputy registrar is appointed, or if not a
public official the deputy registrar shall retain the filing
fee. Other registration fees collected by the commissioner,
deputy registrars of motor vehicles, and deputy registrars of
bicycles shall must be processed, accounted for, and transmitted
to the state treasurer as required by the commissioner.
Subd. 2. [DENIAL, SUSPENSION OR REVOCATION OF
APPOINTMENT.] The commissioner, without prior notice or hearing,
may issue an order denying, suspending, or revoking any
appointment made or applied for pursuant to this section upon
finding that the applicant or deputy registrar of bicycles has
violated or failed to comply with any provision of Laws 1976,
this chapter 199 or any rule adopted hereunder under the
authority of this chapter. Upon the entry of such an order, the
commissioner shall promptly serve a copy thereof of the order on
the applicant or deputy registrar of bicycles. The order shall
must state the reasons for its issuance and, in the case of a
suspension or revocation of appointment, shall must specify that
upon the written request of the deputy registrar of bicycles the
matter will be set for hearing within 15 days after the receipt
of the request,; provided, that with the consent of the deputy
registrar of bicycles a hearing may be held subsequent to the
expiration of the 15-day period specified herein. If no hearing
is requested, the order will remain remains in effect until it
is modified or vacated by the commissioner. If a hearing is
requested, the commissioner, after notice and hearing in
accordance with the provisions of chapter 14, shall affirm,
modify, or vacate the order.
Sec. 40. Minnesota Statutes 2000, section 168C.12, is
amended to read:
168C.12 [ADMINISTRATION; RULES.]
The commissioner shall adopt rules for the implementation
and administration of Laws 1976, this chapter 199 no later than
March 1, 1977. The commissioner shall begin to accept
registrations and implement Laws 1976, chapter 199 on March 1,
1977. Nothing herein shall be construed to prevent in this
chapter prevents the commissioner from contracting any service
provided under Laws 1976, this chapter 199 to any private person
or entity or other unit of government.
Sec. 41. Minnesota Statutes 2000, section 168C.13,
subdivision 1, is amended to read:
Subdivision 1. [BICYCLE REGISTRATION POWERS OF POLITICAL
SUBDIVISION.] After February 28, 1977, No political subdivision
may license or register bicycles except as a deputy registrar
pursuant to section 168C.11, subdivision 1. However, any
political subdivision which had such power prior to that had the
power of a deputy registrar before March 1, 1977, may thereafter
require that any or all bicycles used or ridden upon any
highway, street, alley, sidewalk, or other public way, or
property within the boundaries thereof shall of the public way,
must be registered. Applications for new registrations required
pursuant to this subdivision shall must be made to the
commissioner in the same manner and subject to the same rules,
fees, and penalties as those made voluntarily pursuant to
section 168C.03.
Sec. 42. Minnesota Statutes 2000, section 169.06, is
amended by adding a subdivision to read:
Subd. 9. [AFFIRMATIVE DEFENSE RELATING TO UNCHANGING
TRAFFIC CONTROL SIGNAL.] (a) A person operating a motorcycle who
violates subdivision 4 by entering or crossing an intersection
controlled by a traffic-control signal against a red light has
an affirmative defense to that charge if the person establishes
all of the following conditions:
(1) the motorcycle has been brought to a complete stop;
(2) the traffic-control signal continues to show a red
light for an unreasonable time;
(3) the traffic-control signal is apparently malfunctioning
or, if programmed or engineered to change to a green light only
after detecting the approach of a motor vehicle, the signal has
apparently failed to detect the arrival of the motorcycle; and
(4) no motor vehicle or person is approaching on the street
or highway to be crossed or entered or is so far away from the
intersection that it does not constitute an immediate hazard.
(b) The affirmative defense in this subdivision applies
only to a violation for entering or crossing an intersection
controlled by a traffic-control signal against a red light and
does not provide a defense to any other civil or criminal action.
Sec. 43. Minnesota Statutes 2000, section 169.26,
subdivision 1, is amended to read:
Subdivision 1. [REQUIREMENTS.] (a) Except as provided in
section 169.28, subdivision 1, when any person driving a vehicle
approaches a railroad grade crossing under any of the
circumstances stated in this paragraph, the driver shall stop
the vehicle not less than ten feet from the nearest railroad
track and shall not proceed until safe to do so. These
requirements apply when:
(1) a clearly visible electric or mechanical signal device
warns of the immediate approach of a railroad train; or
(2) an approaching railroad train is plainly visible and is
in hazardous proximity.
(b) The fact that a moving train approaching a railroad
grade crossing is visible from the crossing is prima facie
evidence that it is not safe to proceed.
(c) The driver of a vehicle shall stop and remain stopped
and not traverse the grade crossing when a human flagger signals
the approach or passage of a train or when a crossing gate is
lowered warning of the immediate approach or passage of a
railroad train. No person may drive a vehicle past a flagger at
a railroad crossing until the flagger signals that the way is
clear to proceed or drive a vehicle past a lowered crossing gate.
Sec. 44. Minnesota Statutes 2000, section 169.28,
subdivision 1, is amended to read:
Subdivision 1. [STOP REQUIRED.] (a) The driver of any
motor vehicle carrying passengers for hire, or of any school bus
whether carrying passengers or not, or of any Head Start bus
whether carrying passengers or not, or of any vehicle carrying
explosive substances or flammable liquids, or liquid gas under
pressure as a cargo or part of a cargo that is required to stop
at railroad grade crossings under Code of Federal Regulations,
title 49, section 392.10, before crossing at grade any track or
tracks of a railroad, shall stop the vehicle not less than ten
15 feet nor more than 50 feet from the nearest rail of the
railroad and while so stopped shall listen and look in both
directions along the track for any approaching train, and for
signals indicating the approach of a train, except as
hereinafter provided, and shall not proceed until safe to do
so. The driver must not shift gears while crossing the railroad
tracks.
(b) A school bus or Head Start bus shall not be flagged
across railroad grade crossings except at those railroad grade
crossings that the local school administrative officer may
designate.
Sec. 45. Minnesota Statutes 2001 Supplement, section
169.781, subdivision 2, is amended to read:
Subd. 2. [INSPECTION REQUIRED.] It is unlawful for a
person to operate or permit the operation of:
(1) a commercial motor vehicle registered in Minnesota; or
(2) special mobile equipment as defined in section 168.011,
subdivision 22, and which is self-propelled, if it is mounted on
a commercial motor vehicle chassis, including, but not limited
to, a mobile crane, a water well-drilling rig, and a
concrete-placement pumper,
unless the vehicle displays a valid safety inspection decal
issued by an inspector certified by the commissioner, or the
vehicle carries (1) proof that the vehicle complies with federal
motor vehicle inspection requirements for vehicles in interstate
commerce, and (2) a certificate of compliance with federal
requirements issued by the commissioner under subdivision 9.
Sec. 46. Minnesota Statutes 2001 Supplement, section
169.79, subdivision 3, is amended to read:
Subd. 3. [MOTORCYCLE REAR DISPLAY OF SINGLE PLATE.] If the
vehicle is a motorcycle, motor scooter, motorized bicycle,
motorcycle sidecar, trailer registered at greater than 3,000
pounds gross vehicle weight (GVW), semitrailer, or vehicle
displaying a dealer plate, then one license plate must be
displayed on the rear of the vehicle.
Sec. 47. Minnesota Statutes 2001 Supplement, section
169.79, is amended by adding a subdivision to read:
Subd. 3a. [SMALL TRAILER.] If the vehicle is a trailer
with 3,000 pounds or less GVW with lifetime registration, the
numbered plate or sticker must be adhered to the side of the
trailer frame tongue near the hitch.
Sec. 48. Minnesota Statutes 2001 Supplement, section
169.79, subdivision 8, is amended to read:
Subd. 8. [PLATE REGISTRATION STICKERS.] License plates
issued to vehicles registered under section 168.017 must display
the month of expiration in the lower left corner as viewed
facing the plate and the year of expiration in the lower right
corner as viewed facing the plate. License plates issued to
vehicles registered under section 168.127 must display either
fleet registration validation stickers in the lower right corner
as viewed facing the plates or distinctive license plates,
issued by the registrar, with "FLEET REG" embossed displayed on
the bottom center portion of the plate.
Sec. 49. Minnesota Statutes 2000, section 169.974,
subdivision 5, is amended to read:
Subd. 5. [DRIVING RULES.] (a) An operator of a motorcycle
shall ride only upon a permanent and regular seat which is
attached to the vehicle for that purpose. No other person shall
ride on a motorcycle; except that passengers may ride upon a
permanent and regular operator's seat if designed for two
persons, or upon additional seats attached to the vehicle to the
rear of the operator's seat, or in a sidecar attached to the
vehicle; provided, however, that the operator of a motorcycle
shall not carry passengers in a number in excess of the designed
capacity of the motorcycle or sidecar attached to it. No
passenger shall be carried in a position that will interfere
with the safe operation of the motorcycle or the view of the
operator.
(b) No person shall ride upon a motorcycle as a passenger
unless, when sitting astride the seat, the person can reach the
foot rests with both feet.
(c) No person, except passengers of sidecars or drivers and
passengers of three-wheeled motorcycles, shall operate or ride
upon a motorcycle except while sitting astride the seat, facing
forward, with one leg on either side of the motorcycle.
(d) No person shall operate a motorcycle while carrying
animals, packages, bundles, or other cargo which prevent the
person from keeping both hands on the handlebars.
(e) No person shall operate a motorcycle between lanes of
moving or stationary vehicles headed in the same direction, nor
shall any person drive a motorcycle abreast of or overtake or
pass another vehicle within the same traffic lane, except that
motorcycles may, with the consent of both drivers, be operated
not more than two abreast in a single traffic lane.
(f) Motor vehicles including motorcycles are entitled to
the full use of a traffic lane and no motor vehicle may be
driven or operated in a manner so as to deprive a motorcycle of
the full use of a traffic lane.
(g) A person operating a motorcycle upon a roadway must be
granted the rights and is subject to the duties applicable to a
motor vehicle as provided by law, except as to those provisions
which by their nature can have no application.
(h) Paragraph (e) of this subdivision does not apply to
police officers in the performance of their official duties.
(i) No person shall operate a motorcycle on a street or
highway unless the headlight or headlights are lighted at all
times the motorcycle is so operated.
(j) A person parking a motorcycle on the roadway of a
street or highway must:
(1) if parking in a marked parking space, park the
motorcycle completely within the marked space; and
(2) park the motorcycle in such a way that the front of the
motorcycle is pointed or angled toward the nearest lane of
traffic to the extent practicable and necessary to allow the
operator to (i) view any traffic in both directions of the
street or highway without having to move the motorcycle into a
lane of traffic and without losing balance or control of the
motorcycle, and (ii) ride the motorcycle forward and directly
into a lane of traffic when the lane is sufficiently clear of
traffic.
Sec. 50. Minnesota Statutes 2000, section 171.02,
subdivision 1, is amended to read:
Subdivision 1. [LICENSE REQUIRED.] No person, Except those
hereinafter when expressly exempted, a person shall not
drive any a motor vehicle upon any a street or highway in this
state unless such the person has a license valid under the
provisions of this chapter for the type or class of vehicle
being driven. No person The department shall receive not issue
a driver's license to a person unless and until the person's
license from any jurisdiction has been invalidated by the
department. The department shall provide to the issuing
department of any jurisdiction, information that the licensee is
now licensed in Minnesota. No A person shall be is not
permitted to have more than one valid driver's license at any
time. No The department shall not issue to a person to whom a
current Minnesota identification card has been issued may
receive a driver's license, other than an instruction permit or
a limited license, unless the person's Minnesota identification
card has been invalidated by the department.
Sec. 51. Minnesota Statutes 2000, section 171.02,
subdivision 5, is amended to read:
Subd. 5. [EXEMPTION FOR CERTAIN BACKUP SNOWPLOW DRIVERS.]
Pursuant to the waiver authorization set forth in Public Law
Number 104-59, section 345 (a)(5), a person who operates a
commercial motor vehicle for the purpose of removing snow or ice
from a roadway by plowing, salting, or sanding is not required
to hold a commercial driver's license if the person:
(1) is an employee of a local unit of government with a
population of 3,000 or less;
(2) is operating within the boundaries of the local unit of
government;
(3) holds a valid class D driver's license authorizing the
operation of class B vehicles; and
(4) except in the event of a lawful strike, is temporarily
replacing the employee who normally operates the vehicle but
either is unable to operate the vehicle or is in need of
additional assistance due to a snow emergency as determined by
the local unit of government.
Sec. 52. Minnesota Statutes 2000, section 171.04,
subdivision 1, is amended to read:
Subdivision 1. [PERSONS NOT ELIGIBLE.] The department
shall not issue a driver's license:
(1) to any person under 18 years unless:
(i) the applicant is 16 or 17 years of age and has a
previously issued valid license from another state or country or
the applicant has, for the 12 consecutive months preceding
application, held a provisional license and during that time has
incurred (A) no conviction for a violation of section 169A.20,
169A.33, 169A.35, or sections 169A.50 to 169A.53, (B) no
conviction for a crash-related moving violation, and (C) not
more than one conviction for a moving violation that is not
crash related. "Moving violation" means a violation of a
traffic regulation but does not include a parking violation,
vehicle equipment violation, or warning citation;
(ii) the application for a license is approved by (A)
either parent when both reside in the same household as the
minor applicant or, if otherwise, then (B) the parent or spouse
of the parent having custody or, in the event there is no court
order for custody, then (C) the parent or spouse of the parent
with whom the minor is living or, if subitems (A) to (C) do not
apply, then (D) the guardian having custody of the minor or, in
the event a person under the age of 18 has no living father,
mother, or guardian, or is married or otherwise legally
emancipated, then (E) the minor's adult spouse, adult close
family member, or adult employer; provided, that the approval
required by this item contains a verification of the age of the
applicant and the identity of the parent, guardian, adult
spouse, adult close family member, or adult employer; and
(iii) the applicant presents a certification by the person
who approves the application under item (ii), stating that the
applicant has driven a motor vehicle accompanied by and under
supervision of a licensed driver at least 21 years of age for at
least ten hours during the period of provisional licensure;
(2) to any person who is 18 years of age or younger, unless
the person has applied for, been issued, and possessed the
appropriate instruction permit for a minimum of six months, and,
with respect to a person under 18 years of age, a provisional
license for a minimum of 12 months;
(3) to any person who is 19 years of age or older, unless
that person has applied for, been issued, and possessed the
appropriate instruction permit for a minimum of three months;
(4) to any person whose license has been suspended during
the period of suspension except that a suspended license may be
reinstated during the period of suspension upon the licensee
furnishing proof of financial responsibility in the same manner
as provided in the Minnesota No-Fault Automobile Insurance Act;
(5) to any person whose license has been revoked except
upon furnishing proof of financial responsibility in the same
manner as provided in the Minnesota No-Fault Automobile
Insurance Act and if otherwise qualified;
(6) to any drug-dependent person, as defined in section
254A.02, subdivision 5;
(7) to any person who has been adjudged legally incompetent
by reason of mental illness, mental deficiency, or inebriation,
and has not been restored to capacity, unless the department is
satisfied that the person is competent to operate a motor
vehicle with safety to persons or property;
(8) to any person who is required by this chapter to take a
vision, knowledge, or road examination, unless the person has
successfully passed the examination. An applicant who fails
four road tests must complete a minimum of six hours of
behind-the-wheel instruction with an approved instructor before
taking the road test again;
(9) to any person who is required under the Minnesota
No-Fault Automobile Insurance Act to deposit proof of financial
responsibility and who has not deposited the proof;
(10) to any person when the commissioner has good cause to
believe that the operation of a motor vehicle on the highways by
the person would be inimical to public safety or welfare;
(11) to any person when, in the opinion of the
commissioner, the person is afflicted with or suffering from a
physical or mental disability or disease that will affect the
person in a manner as to prevent the person from exercising
reasonable and ordinary control over a motor vehicle while
operating it upon the highways;
(12) to a person who is unable to read and understand
official signs regulating, warning, and directing traffic;
(13) to a child for whom a court has ordered denial of
driving privileges under section 260C.201, subdivision 1, or
260B.235, subdivision 5, until the period of denial is
completed; or
(14) to any person whose license has been canceled, during
the period of cancellation.
Sec. 53. Minnesota Statutes 2000, section 171.05,
subdivision 2, is amended to read:
Subd. 2. [PERSON LESS THAN 18 YEARS OF AGE.] (a)
Notwithstanding any provision in subdivision 1 to the contrary,
the department may issue an instruction permit to an applicant
who is 15, 16, or 17 years of age and who:
(1) has completed a course of driver education in another
state, has a previously issued valid license from another state,
or is enrolled in either:
(i) a public, private, or commercial driver education
program that is approved by the commissioner of public safety
and that includes classroom and behind-the-wheel training; or
(ii) an approved behind-the-wheel driver education program
when the student is receiving full-time instruction in a home
school within the meaning of sections 120A.22 and 120A.24, the
student is working toward a home-school diploma, the student's
status as a home-school student has been certified by the
superintendent of the school district in which the student
resides, and the student is taking home-classroom driver
training with classroom materials approved by the commissioner
of public safety;
(2) has completed the classroom phase of instruction in the
driver education program;
(3) has passed a test of the applicant's eyesight;
(4) has passed a department-administered test of the
applicant's knowledge of traffic laws;
(5) has completed the required application, which must be
approved by (i) either parent when both reside in the same
household as the minor applicant or, if otherwise, then (ii) the
parent or spouse of the parent having custody or, in the event
there is no court order for custody, then (iii) the parent or
spouse of the parent with whom the minor is living or, if items
(i) to (iii) do not apply, then (iv) the guardian having custody
of the minor or, in the event a person under the age of 18 has
no living father, mother, or guardian, or is married or
otherwise legally emancipated, then (v) the applicant's adult
spouse, adult close family member, or adult employer; provided,
that the approval required by this clause contains a
verification of the age of the applicant and the identity of the
parent, guardian, adult spouse, adult close family member, or
adult employer; and
(6) has paid the fee required in section 171.06,
subdivision 2.
(b) The instruction permit is valid for one year from the
date of application and may be renewed upon payment of a fee
equal to the fee for issuance of an instruction permit under
section 171.06, subdivision 2.
Sec. 54. Minnesota Statutes 2000, section 171.055,
subdivision 1, is amended to read:
Subdivision 1. [REQUIREMENTS FOR PROVISIONAL LICENSE.] (a)
The department may issue a provisional license, which must be
distinctive in appearance from a driver's license, to an
applicant who:
(1) has reached the age of 16 years;
(2) during the six months immediately preceding the
application for the provisional license has possessed an
instruction permit and has incurred (i) no convictions for a
violation of section 169A.20, 169A.33, 169A.35, or sections
169A.50 to 169A.53, (ii) no convictions for a crash-related
moving violation, and (iii) no convictions for a moving
violation that is not crash related;
(3) has successfully completed a course of driver education
in accordance with department rules;
(4) completes the required application, which must be
approved by (i) either parent when both reside in the same
household as the minor applicant or, if otherwise, then (ii) the
parent or spouse of the parent having custody or, in the event
there is no court order for custody, then (iii) the parent or
spouse of the parent with whom the minor is living or, if items
(i) to (iii) do not apply, then (iv) the guardian having custody
of the minor or, in the event a person under the age of 18 has
no living father, mother, or guardian, or is married or
otherwise legally emancipated, then (v) the applicant's adult
spouse, adult close family member, or adult employer; provided,
that the approval required by this clause contains a
verification of the age of the applicant and the identity of the
parent, guardian, adult spouse, adult close family member, or
adult employer;
(5) presents certification by the person who approves the
application under clause (4) stating that the applicant has
driven a motor vehicle accompanied by and under the supervision
of a licensed driver at least 21 years of age, for no less than
30 hours, at least ten of which were nighttime hours; and
(6) pays the fee required in section 171.06, subdivision 2.
(b) For purposes of this section, "moving violation" has
the meaning given it in section 171.04, subdivision 1.
Sec. 55. Minnesota Statutes 2000, section 171.06,
subdivision 1, is amended to read:
Subdivision 1. [FORMS OF APPLICATION.] Every application
for a Minnesota identification card, for an instruction permit,
for a provisional license, or for a driver's license shall must
be made upon in a form furnished format approved by the
department, and every application shall must be accompanied by
the proper fee. All applications shall be signed in the
presence of the person authorized to accept the applications, or
the signature on the application may be verified by a notary
public. All first-time applications and change of status
applications must be signed in the presence of the person
authorized to accept the application, or the signature on the
application may be verified by a notary public. All
applications requiring evidence of legal presence in the United
States must be signed in the presence of the person authorized
to accept the application, or the signature on the application
may be verified by a notary public.
Sec. 56. Minnesota Statutes 2000, section 171.06,
subdivision 3, is amended to read:
Subd. 3. [CONTENTS OF APPLICATION; OTHER INFORMATION.] (a)
An application must:
(1) state the full name, date of birth, sex, and residence
address of the applicant,;
(2) as may be required by the commissioner, contain a
description of the applicant in such manner as the commissioner
may require, and must state whether or not the applicant has
theretofore been licensed as a driver; and, if so, when and by
what state or country and whether any such license has ever been
suspended or revoked, or whether an application has ever been
refused; and, if so, the date of and reason for such suspension,
revocation, or refusal, together with such and any other facts
pertaining to the applicant, the applicant's driving privileges,
and the applicant's ability to operate a motor vehicle with
safety as may be required by the commissioner. An application;
(3) for a class C, class B, or class A driver's license
also must, state the applicant's social security number. An
application or, for a class D driver's license must, have a
space for the applicant's social security number and state that
providing the number is optional, or otherwise convey that the
applicant is not required to enter the social security number.
The application form must;
(4) contain a space where the applicant may indicate a
desire to make an anatomical gift according to paragraph (b);
and
(5) contain a notification to the applicant of the
availability of a living will/health care directive designation
on the license under section 171.07, subdivision 7.
(b) If the applicant does not indicate a desire to make an
anatomical gift when the application is made, the applicant must
be offered a donor document in accordance with section 171.07,
subdivision 5. The application form must contain statements
sufficient to comply with the requirements of the Uniform
Anatomical Gift Act (1987), sections 525.921 to 525.9224, so
that execution of the application or donor document will make
the anatomical gift as provided in section 171.07, subdivision
5, for those indicating a desire to make an anatomical
gift. The application form must contain a notification to the
applicant of the availability of a living will/health care
directive designation on the license under section 171.07,
subdivision 7. The application must be in the form prepared by
the commissioner. The application must be accompanied by
information describing Minnesota laws regarding anatomical gifts
and the need for and benefits of anatomical gifts.
(b) (c) The application form must be accompanied also by
a pamphlet information containing relevant facts relating to:
(1) the effect of alcohol on driving ability;
(2) the effect of mixing alcohol with drugs;
(3) the laws of Minnesota relating to operation of a motor
vehicle while under the influence of alcohol or a controlled
substance; and
(4) the levels of alcohol-related fatalities and accidents
in Minnesota and of arrests for alcohol-related violations.
(c) The application form must also be accompanied by a
pamphlet describing Minnesota laws regarding anatomical gifts
and the need for and benefits of anatomical gifts.
Sec. 57. Minnesota Statutes 2001 Supplement, section
171.07, subdivision 1, is amended to read:
Subdivision 1. [LICENSE; CONTENTS.] (a) Upon the payment
of the required fee, the department shall issue to every
qualifying applicant a license designating the type or class of
vehicles the applicant is authorized to drive as applied for.
This license must bear a distinguishing number assigned to the
licensee, the full name, date of birth, residence address and
permanent mailing address if different, a description of the
licensee in such a manner as the commissioner deems necessary,
and a space upon which the licensee shall write the usual
signature and the date of birth of the licensee. No license is
valid until it has been signed by unless it bears the usual
signature of the licensee. Except in the case of an instruction
permit, Every license must bear a colored photograph or an
electronically produced image of the licensee.
(b) Every license issued to an applicant under the age of
21 must be of a distinguishing color and plainly marked
"Under-21."
(c) The department shall use such process or processes in
the issuance of licenses issuing a license that
prohibits prohibit, as near nearly as possible, the ability to
alter or reproduce the licenses a license, or prohibit the
ability to superimpose a photograph or electronically produced
image on the licenses a license, without ready detection.
(d) A license issued to an applicant age 65 or over must be
plainly marked "senior" if requested by the applicant.
Sec. 58. Minnesota Statutes 2000, section 171.07,
subdivision 3, is amended to read:
Subd. 3. [IDENTIFICATION CARD; FEE.] (a) Upon payment of
the required fee, the department shall issue to every qualifying
applicant therefor a Minnesota identification card. The
department may not issue a Minnesota identification card to a
person who has a driver's license, other than an instruction
permit or a limited license. The card must bear a
distinguishing number assigned to the applicant,; a colored
photograph or an electronically produced image, of the
applicant; the applicant's full name, date of birth, and
residence address,; a description of the applicant in the manner
as the commissioner deems necessary,; and a space upon which the
applicant shall write the usual signature and the date of birth
of the applicant with pen and ink.
(b) Each identification card issued to an applicant under
the age of 21 must be of a distinguishing color and plainly
marked "Under-21."
(b) (c) Each Minnesota identification card must be plainly
marked "Minnesota identification card - not a driver's license."
(c) (d) The fee for a Minnesota identification card is 50
cents when issued to: a person who is mentally retarded, as
defined in section 252A.02, subdivision 2; a physically disabled
person, as defined in section 169.345, subdivision 2; or, a
person with mental illness, as described in section 245.462,
subdivision 20, paragraph (c).
Sec. 59. Minnesota Statutes 2000, section 171.13,
subdivision 2, is amended to read:
Subd. 2. [EXAMINATION UPON RENEWAL.] The department shall
issue a driver's license shall be issued upon renewal when the
applicant has passed an examination consisting of a screening of
the applicant's eyesight. Screening of eyesight required by
this subdivision shall does not be construed as constitute the
practice of optometry as defined in section 148.56. The
commissioner may adopt rules to administer this subdivision.
Sec. 60. Minnesota Statutes 2000, section 171.165, is
amended to read:
171.165 [COMMERCIAL DRIVER'S LICENSE, DISQUALIFICATION.]
Subdivision 1. [FIRST VIOLATION.] Subject to section
171.166, the commissioner shall disqualify a person from
operating commercial motor vehicles for one year upon receiving
a record of the first conviction of the person for committing a
violation of any of the following in the commission of which
offenses while operating a commercial motor vehicle was used:
(1) section 169A.20 or 169A.31;
(2) section 169.09, subdivision 1 or 2;
(3) a felony, other than a felony described in subdivision
3, paragraph (a), clause (3) (2), item (ii); or
(4) driving with a revoked, suspended, canceled, denied, or
disqualified commercial driver's license;
(5) causing a fatality through the negligent or criminal
operation of a commercial motor vehicle; or
(6) an offense committed in another state that would be
grounds for disqualification under this subdivision or
subdivision 2 if committed in Minnesota.
Subd. 2. [IMPLIED CONSENT REVOCATION.] The commissioner
shall disqualify a person from operating commercial motor
vehicles for one year from the effective date of a revocation
under section 169A.52 or a statute or ordinance from another
state in conformity with it, if the person was driving,
operating, or in physical control of a commercial motor vehicle
at the time of the incident on which the revocation is based.
Subd. 3. [GRAVE OR MULTIPLE OFFENSES.] (a) Subject to
section 171.166, the commissioner shall disqualify a person from
operating commercial motor vehicles for:
(1) not less than three years, for a conviction or
revocation set forth in subdivision 1 or 2 committed during the
transportation of hazardous materials;
(2) not less than ten years life, if the person is
convicted for a conviction:
(i) of a second or subsequent time of an disqualifying
offense set forth in subdivision 1 or 2, a statute of another
state or ordinance in conformity with it, or any combination of
those offenses, arising from separate incidents; or
(3) life, if the person is convicted (ii) under chapter 152
of a felony involving the manufacture, sale, or distribution of
a controlled substance, or involving the possession of a
controlled substance with intent to manufacture, sell, or
distribute it, and the person is found to have used a commercial
motor vehicle in the commission of the felony.
(b) A person whose commercial motor vehicle driving
privileges have been disqualified under paragraph (a), clause
(2), item (i), may apply for reinstatement after ten years. A
person whose commercial motor vehicle driving privileges have
been disqualified under paragraph (a), clause (2), item (ii),
may not apply for reinstatement.
(c) A person whose commercial motor vehicle driving
privileges have been reinstated under paragraph (b) and who
subsequently commits a disqualifying offense set forth in
subdivision 1 or 2, or any combination of those offenses, may
not apply for reinstatement.
Subd. 4. [SERIOUS TRAFFIC VIOLATION.] On receiving a
record of conviction and subject to section 171.166, the
commissioner shall disqualify a person from operating commercial
motor vehicles for 60 days if the person is convicted of two
serious traffic violations, or 120 days if convicted of three
serious traffic violations. The violations must involve
separate incidents and must have been committed in a commercial
motor vehicle within a three-year period. For purposes of this
subdivision, a serious traffic offense violation includes the
following:
(1) following too closely under section 169.18, subdivision
8;
(2) erratic lane change under sections 169.18, subdivisions
3 and 7; and 169.19, subdivision 4;
(3) operating the commercial vehicle at a speed 15 miles
per hour or more above the posted speed limit;
(4) reckless or careless driving under section 169.13;
(5) fleeing a peace officer under section 609.487; and
(6) a violation of a moving traffic statute of Minnesota or
any state, or an ordinance in conformity with a Minnesota
statute, that arose in connection with a fatal accident;
(7) operating a commercial motor vehicle without the proper
class of commercial driver's license or endorsements for the
type of vehicle being operated; and
(8) operating a commercial motor vehicle without a
commercial driver's license in immediate possession, unless the
person provides proof to the court that, on the date of the
citation, the person held a valid commercial driver's license of
the proper class and with the proper endorsements.
Subd. 4a. [VIOLATION OF OUT-OF-SERVICE ORDER.] (a) The
commissioner shall disqualify a person from operating a
commercial motor vehicle for not less than:
(1) 90 days nor more than one year if the operator is
convicted of a first violation of an out-of-service order;
(2) one year nor more than five years if, during any
ten-year period, the operator is convicted of two violations of
out-of-service orders in separate incidents; and
(3) three years nor more than five years if, during any
ten-year period, the operator is convicted of three or more
violations of out-of-service orders in separate incidents.
(b) The commissioner shall notify the commissioner of
transportation of each disqualification under this subdivision.
Subd. 4b. [RAILROAD GRADE CROSSING VIOLATION.] (a) The
commissioner shall disqualify a person from operating a
commercial motor vehicle for not less than:
(1) 60 days if the person is convicted of a first railroad
grade crossing violation;
(2) 120 days if, during any three-year period, the person
is convicted of two railroad grade crossing violations arising
from separate incidents;
(3) one year if, during any three-year period, the person
is convicted of three or more railroad grade crossing violations
arising from separate incidents.
(b) For the purposes of the subdivision, "railroad grade
crossing violation" means a violation of section 169.26 or
169.28, Code of Federal Regulations, title 49, section 392.10,
or a statute or ordinance from another state in conformity with
those sections, while operating a commercial motor vehicle.
Subd. 5. [RULES.] The commissioner shall adopt rules to
administer this section. The rules must include procedures for
issuing class D licenses to persons who have been disqualified
from operating commercial motor vehicles but whose drivers'
licenses have not otherwise been revoked, suspended, canceled,
or denied.
Subd. 6. [EXEMPTIONS.] A disqualification shall not be
imposed under this section on a recreational equipment operator,
farmer, or firefighter operating a commercial motor vehicle
within the scope of section 171.02, subdivision 2, paragraph (b).
Subd. 7. [SCOPE.] This section applies to offenses
committed, and revocations imposed for incidents occurring, on
or after January 1, 1990.
Sec. 61. [INTENT.]
Nothing in section 9, subdivision 1a, paragraphs (a) and
(c) through (i), and related repeals elsewhere in that section,
is intended to increase or decrease the scope or extent of any
category of licensing authorized under Minnesota Statutes,
section 168.27.
Sec. 62. [EXEMPTION FROM MATCHING REQUIREMENT.]
All money received under Public Law Number 107-71, the
Aviation and Transportation Security Act, is exempt from the
matching requirements of Minnesota Statutes, section 360.305,
subdivision 4.
Sec. 63. [BUS SERVICE AUTHORIZED.]
Notwithstanding Laws 2001, First Special Session chapter 8,
article 1, section 2, subdivision 7, the commissioner may spend
up to $400,000 of trunk highway funds in fiscal year 2003 to pay
the operating costs of bus service to mitigate the traffic
impacts of the construction project involving marked interstate
highway 494, the Wakota bridge, and marked trunk highway 61.
Sec. 64. [REPEALER.]
Minnesota Statutes 2000, section 171.30, subdivision 3, is
repealed.
ARTICLE 2
MOTOR CARRIER FUEL TAX
Section 1. [LEGISLATIVE FINDINGS AND POLICY.]
(a) The legislature of the state of Minnesota finds that,
for the benefit of the state, other jurisdictions, and the motor
carrier industry, the state should enter into and endorse an
international agreement pertaining to the registration and fuel
taxation of motor carriers operating in interstate commerce.
The purpose of such agreements and compacts are to ensure proper
funding of the state's highway infrastructure through the
payment and distribution of revenue by and between member
jurisdictions and to simplify the registration and taxation
process for the motor carriers.
(b) With this understanding, the state adopts these core
principles to international registration and taxation agreements:
(1) the concept of a single-base jurisdiction for all motor
carriers;
(2) the concept that the definition of a taxpayer will be
uniform among member jurisdictions;
(3) the concept that each member jurisdiction retains its
taxing authority under its specific tax-enabling laws;
(4) the principle of apportioned registration and fuel
taxes;
(5) the principle of one registration plate;
(6) the principle of reciprocal granting of fees and
granting of reciprocity;
(7) the discharge of registrant responsibilities; and
(8) the operation under apportioned registration and fuel
taxes.
Sec. 2. [168D.01] [DEFINITIONS.]
Subdivision 1. [SCOPE.] As used in this chapter, the
following terms have the meanings given them in this section.
Subd. 2. [CANCELLATION.] "Cancellation" means the
voluntary termination of a license and its provisions.
Subd. 3. [COMMISSIONER.] "Commissioner" means the
commissioner of public safety of the state of Minnesota, acting
directly or through duly authorized agents.
Subd. 4. [JURISDICTION.] "Jurisdiction" means a state of
the United States, the District of Columbia, a province or
territory of Canada, and any other member jurisdiction of the
International Fuel Tax Agreement (IFTA) compact as approved by
Congress in the Intermodal Surface Transportation Efficiency Act
(ISTEA).
Subd. 5. [MOTOR CARRIER.] "Motor carrier" means an
individual, corporation, partnership, association, trust, or
other entity, however organized, operating one or more qualified
motor vehicles as a part of its interstate business operations.
Subd. 6. [MOTOR FUEL.] "Motor fuel" means an agent,
regardless of its composition or properties, used to propel a
qualified motor vehicle.
Subd. 7. [OPERATION.] "Operation" means operation of
qualified motor vehicles whether loaded or empty, whether for
compensation or not for compensation, and whether owned by or
leased to the motor carrier who operates them or causes them to
be operated in two or more jurisdictions.
Subd. 8. [QUALIFIED MOTOR VEHICLE.] (a) "Qualified motor
vehicle" means a motor vehicle that is used, designed, or
maintained to transport persons or property and that:
(1) has two axles and a gross vehicle weight or registered
gross vehicle weight exceeding 26,000 pounds;
(2) has three or more axles regardless of weight; or
(3) is used in combination, when the weight of the
combination exceeds 26,000 pounds gross vehicle or registered
gross vehicle weight.
(b) Qualified motor vehicle does not include a recreational
vehicle or any vehicle exempt from registration under section
168.012, subdivision 1, paragraph (a), clause (1).
Subd. 9. [REVOCATION.] "Revocation" means the withdrawal
of a license and privileges by the commissioner of public safety.
Subd. 10. [SUSPENSION.] "Suspension" means the temporary
removal of privileges granted to the licensee by the
commissioner of public safety.
Sec. 3. [168D.02] [FUEL TAX COMPACT.]
Subdivision 1. [AUTHORITY.] (a) The commissioner of public
safety may enter into an agreement or arrangement with the duly
authorized representative of another jurisdiction or make an
independent declaration granting to motor carriers of qualified
motor vehicles properly registered or licensed in another member
jurisdiction benefits, privileges, and exemptions from paying,
wholly or partially, fuel taxes, fees, or other charges imposed
for operating the vehicles under the laws of Minnesota. The
agreement, arrangement, or declaration may impose terms and
conditions consistent with federal and state laws and
regulations.
(b) The commissioner of public safety may ratify and
effectuate an international fuel tax agreement or other fuel tax
agreement in accordance with state and federal authorities. The
commissioner's authority includes collecting fuel taxes due,
issuing fuel licenses, issuing refunds, conducting audits,
assessing penalties and interest, issuing fuel trip permits,
issuing decals, and suspending or denying licensing.
(c) Based on these powers, the commissioner and the state
of Minnesota have entered into a formal agreement with other
states of the United States, the District of Columbia, provinces
and territories of Canada, and any other member jurisdiction of
the International Fuel Tax Agreement (IFTA) compact as approved
by Congress in the Intermodal Surface Transportation Efficiency
Act (ISTEA) to assess and collect fuel tax in a uniform and
consistent manner across jurisdictions.
Subd. 2. [RECIPROCITY.] (a) As a member of the IFTA
compact, the state of Minnesota recognizes and affirms the
provisions set forth in that agreement.
(b) Under the provisions of this agreement, the state of
Minnesota shall provide an open exchange of information between
member jurisdictions and the IFTA clearinghouse but reserves the
right to stipulate the level of security and privacy of the
information in transmission and storage to protect the privacy
rights of its citizens according to chapters 13 through 13D.
(c) An agreement or arrangement must be in writing and
provide that when a qualified motor vehicle properly licensed
for fuel in the state of Minnesota is operated on highways of
another member jurisdiction, it must receive exemptions,
benefits, and privileges of a similar kind or to a similar
degree as are extended to a qualified motor vehicle properly
licensed for fuel in that member jurisdiction while it is being
operated in the state of Minnesota.
(d) A declaration must be in writing and must contemplate
and provide for mutual benefits, reciprocal privileges, or
equitable treatment of the motor carrier of a qualified motor
vehicle registered for fuel in Minnesota and the other member
jurisdictions. In the judgment of the commissioner of public
safety, an agreement, arrangement, or declaration must be in the
best interest of Minnesota and its citizens and must be fair and
equitable regarding the benefits that the agreement brings to
the economy of Minnesota.
Sec. 4. [168D.03] [COMPLIANCE WITH MINNESOTA LAWS.]
Agreements, arrangements, and declarations made under
authority of this chapter must contain a provision specifying
that no fuel license, or exemption issued or accruing under the
license, excuses the motor carrier of a qualified motor vehicle
from compliance with Minnesota laws.
Sec. 5. [168D.04] [TAXING AUTHORITY.]
Subdivision 1. [AGREEMENT TERMS.] (a) Under the provisions
of an agreement entered into according to section 168D.02, each
member shall retain its sovereign authority to determine tax
rates and exemptions and to exercise other substantive tax
authority.
(b) In accordance with federal and state law, the agreement
must provide for:
(1) determining the base jurisdiction for users;
(2) users' records requirements;
(3) audit procedures;
(4) exchanging information;
(5) eligibility of persons for tax licensing;
(6) defining qualified motor vehicles;
(7) determining if bonding is required;
(8) specifying reporting requirements and periods,
including defining uniform penalty and interest rates for late
reporting;
(9) determining methods for collecting and forwarding motor
fuel taxes and penalties to another jurisdiction;
(10) display of identification indicating compliance with
the agreement; and
(11) other provisions to facilitate the administration of
the agreement.
(c) Each jurisdiction shall audit the records of persons
based in the jurisdiction to determine if the motor fuel taxes
due each jurisdiction are properly reported and paid.
Subd. 2. [FUEL ROAD TAX IMPOSED.] (a) Every motor carrier
shall pay a road tax calculated on the amount of motor fuel
consumed in the motor carrier's operations on highways within
Minnesota. The tax rate is imposed at the rate and conditions
specified in chapter 296A.
(b) The amount of motor fuel consumed in the operations of
a motor carrier on highways within Minnesota is determined by
dividing the miles traveled within Minnesota by the average
miles per gallon.
(c) The average miles per gallon for a motor carrier's
qualified motor vehicles is determined by dividing the total
miles traveled by the total motor fuel consumed.
Sec. 6. [168D.05] [MOTOR CARRIER FUEL LICENSE.]
(a) A motor carrier registered under section 168.187,
operating a qualified motor vehicle upon the highways of
Minnesota, and not qualifying for exemption under this chapter,
may not operate the vehicle unless and until issued a fuel
license under this chapter or until the motor carrier has
obtained a temporary fuel permit.
(b) A license may be issued to a person qualifying as a
motor carrier who applies and pays to the commissioner the
license fees required by this chapter.
(c) A license is valid for a calendar year unless
surrendered by the motor carrier or canceled, suspended, or
revoked by the commissioner. All licenses expire on December 31
of each calendar year and may be renewed by applying to the
commissioner and paying the licensing fee.
(d) The motor carrier is required to make legible copies of
the license and one copy must be carried in each qualified motor
vehicle while it is being operated in Minnesota and in all
member jurisdictions.
(e) Each licensee shall acknowledge and agree upon license
application to be bound by the obligations and duties of
licensed motor carriers under the laws, rules, and regulations
adopted by the member jurisdictions to administer the
International Fuel Tax Agreement. Failure to adhere to these
obligations and duties may result in cancellation, suspension,
or revocation of the license.
Sec. 7. [168D.06] [FUEL LICENSE FEES.]
License fees paid to the commissioner under the
International Fuel Tax Agreement must be deposited in the
highway user tax distribution fund. The commissioner shall
charge an annual fuel license fee of $15, and an annual
application filing fee of $13 for quarterly reporting of fuel
tax.
Sec. 8. [168D.07] [FUEL DECAL FEE.]
The commissioner shall issue a decal or other
identification to indicate compliance with the International
Fuel Tax Agreement. The commissioner shall establish a charge
to cover the cost of issuing the decal or other identification
according to section 16A.1285, subdivision 4a. Decal or other
identification charges paid to the commissioner under this
subdivision must be deposited in the highway user tax
distribution fund.
Sec. 9. [168D.08] [MOTOR CARRIER FUEL TAX RETURNS.]
Every motor carrier subject to the fuel tax shall, on or
before the last day of April, July, October, and January, file
with the commissioner, in the format and manner prescribed, tax
returns of operations during the previous three months.
Sec. 10. [168D.09] [CREDIT OR REFUND.]
Under this section, the commissioner shall allow a credit
or refund to a motor carrier for taxes paid to any member
jurisdiction that imposes a tax upon motor fuel purchased or
obtained in Minnesota and member jurisdictions and used on the
highways of Minnesota and other member jurisdictions. Every
motor carrier claiming a refund under this section shall file a
claim in the format and manner prescribed by the commissioner or
take the credit on a subsequent tax return.
Sec. 11. [168D.10] [MOTOR CARRIER RECORDS.]
Subdivision 1. [MAINTENANCE.] Every motor carrier shall
maintain records to substantiate information reported on the
required tax returns. The records must be kept in a format
prescribed by the commissioner.
Subd. 2. [PRESERVATION.] Records must be preserved for
four years from the tax return due date or filing date,
whichever is later. Preservation of the records must be in a
manner that ensures their security, integrity, and availability
for inspection by the commissioner or a representative of a
member jurisdiction.
Subd. 3. [DESTRUCTION.] Destruction of records may not be
completed until the statutory period is met or upon written
consent from the commissioner. A request for early destruction
of records must be made in writing to the commissioner
identifying the necessity and reasons for the request.
Sec. 12. [168D.11] [AUDITING AND REPORTING.]
Subdivision 1. [AUTHORITY AND OBLIGATION.] The
commissioner has the right and obligation to audit the records
of persons based in Minnesota to determine if the motor fuel
taxes due each jurisdiction are properly reported and paid, with
authority to assess proper tax liability with applicable penalty
and interest.
Subd. 2. [REPORTING TO OTHER JURISDICTIONS.] Minnesota,
along with all other member jurisdictions, shall forward the
findings of any fuel tax audits performed to each jurisdiction
in which the person has taxable use of motor fuels. The
commissioner may forward to officers of another member
jurisdiction any information in the commissioner's possession
relating to the manufacture, receipt, sale, use, transportation,
or shipment of motor fuels by any person. The commissioner may
disclose to officers of another member jurisdiction the location
of offices, motor vehicles, and other real and personal property
of users of motor fuels.
Subd. 3. [COOPERATIVE AUDIT.] (a) The commissioner of
public safety may make arrangements with, and may enter into
agreements with, the appropriate authorities of other Minnesota
state agencies and other member jurisdictions having statutes
similar to this act for the cooperative audit of motor carriers'
reports and returns.
(b) In performing a cooperative audit, in whole or in part,
the officers and employees of the other Minnesota state agencies
or member jurisdictions are considered authorized agents of
Minnesota for audit purposes, and their audits have the same
force and effect as audits conducted by Minnesota auditors.
Sec. 13. [168D.12] [MOTOR CARRIER TEMPORARY FUEL PERMIT.]
A motor carrier may obtain a trip permit that authorizes an
unlicensed motor carrier to operate a qualified motor vehicle in
Minnesota for five consecutive days beginning and ending on the
dates specified on the face of the permit. The fee for the
permit is $25. The permit must be issued in lieu of a license
if in the course of operations a motor carrier operates on
Minnesota highways.
Sec. 14. [168D.13] [ACTION TO AVOID OR EVADE FUEL TAX.]
Subdivision 1. [DETERMINATION AND ASSESSMENT.] If the
commissioner ascertains that a motor carrier acts to obstruct or
make ineffectual proceedings to assess or collect the road taxes
due, the commissioner may immediately make an assessment of tax
estimated to be due, whether or not any report is then due by
law.
Subd. 2. [ASSESSMENT NOTICE AND COLLECTION;
IMPOUNDMENT.] (a) The commissioner may then proceed under this
assessment to collect the tax, or compel security for the taxes
owing, and shall give notice of the commissioner's finding under
subdivision 1 to the motor carrier, together with a demand for
an immediate payment of the tax.
(b) The commissioner is also authorized to impound
qualified motor vehicles of motor carriers in violation of this
subdivision. The vehicle must be released either upon paying
all taxes, penalties, and interest that may be due or depositing
a bond or security to assure the payment of taxes, penalties,
and interest.
Sec. 15. [168D.14] [ENFORCEMENT POWERS.]
Subdivision 1. [COMMISSIONER OF PUBLIC SAFETY.] The
commissioner is authorized and directed to enforce this
chapter. In addition, the commissioner of public safety is
authorized and directed to use the Minnesota state patrol to
assist in the enforcement of this chapter.
Subd. 2. [COMMISSIONER OF TRANSPORTATION.] The
commissioner of transportation is authorized and directed to
enforce sections 168D.05 and 168D.12 as provided in section
221.221.
Subd. 3. [STATE PATROL.] The officers of the Minnesota
state patrol, in addition to all other powers granted to them by
Minnesota Statutes, have the power of making arrests, service of
process, and appearing in court in all matters and things
relating to this chapter and its administration and enforcement.
Sec. 16. [168D.15] [DELINQUENT FILING OR PAYMENT.]
If a motor carrier licensed under this section is
delinquent in either filing or paying the International Fuel Tax
Agreement (IFTA) report or billing for more than 30 days, or
paying the international registration plan billing under section
168.187 for more than 30 days, the motor carrier, after ten
days' written notice, is subject to suspension of the
apportioned license plates and the IFTA license.
Sec. 17. [168D.16] [TRANSFERRING FUNDS TO PAY DELINQUENT
FEE.]
If a motor carrier licensed under this chapter is
delinquent in either filing or paying the International Fuel Tax
Agreement (IFTA) report or billing for more than 30 days, or
paying the international registration plan billing under section
168.187 for more than 30 days, the commissioner shall authorize
any credit in either the IFTA account or the international
registration plan account to be used to offset the liability in
either the IFTA account or the international registration plan
account.
Sec. 18. [168D.17] [EXEMPTIONS.]
This chapter does not apply to recreational equipment as
defined in section 168.011.
Sec. 19. [168D.18] [RULES.]
The commissioner may adopt rules relating to the
administration and enforcement of this chapter.
Sec. 20. Minnesota Statutes 2000, section 168.187,
subdivision 26, is amended to read:
Subd. 26. [DELINQUENT FILING OR PAYMENT.] If a fleet owner
or owner-operator licensed under this section and section
296A.28 chapter 168D is delinquent in either filing or paying
the international fuel tax agreement reports for more than 30
days, or paying the international registration plan billing for
more than 30 days, the fleet owner or owner-operator, after ten
days' written notice, is subject to suspension of the
apportioned license plates and the international fuel tax
agreement license.
Sec. 21. Minnesota Statutes 2001 Supplement, section
221.221, subdivision 2, is amended to read:
Subd. 2. [ENFORCEMENT POWERS.] Transportation program
specialists and hazardous material program specialists of the
department, for the purpose of enforcing the provisions of this
chapter, sections 169.781 to 169.783 relating to commercial
vehicle inspections, and section 296A.27, subdivisions 6 and 12,
sections 168D.05 and 168D.12 relating to motor carrier licenses
and trip permits, and the applicable rules, orders, or
directives of the commissioner of transportation and the
commissioner of revenue, issued under this chapter and
chapter 168D or 296A, but for no other purpose, have the powers
conferred by law upon police officers. The powers include the
authority to conduct inspections at designated highway weigh
stations or under other appropriate circumstances.
Sec. 22. Minnesota Statutes 2000, section 296A.23,
subdivision 7, is amended to read:
Subd. 7. [FAILURE TO OBTAIN PROPER PERMIT.] A minimum fine
of $200 shall be imposed on a person who fails to obtain a
license or trip permit required under section 296A.27,
subdivisions 6 and 12 168D.05 or 168D.12.
Sec. 23. [REPEALER.]
Minnesota Statutes 2000, sections 296A.27 and 296A.28, are
repealed.
ARTICLE 3
COMMERCIAL VEHICLE ENFORCEMENT
Section 1. Minnesota Statutes 2000, section 168.011,
subdivision 17, is amended to read:
Subd. 17. [FARM TRUCK.] (a) "Farm truck" means all single
unit trucks, truck-tractors, tractors, semitrailers, and
trailers used by the owner thereof to transport agricultural,
horticultural, dairy, and other farm products, including
livestock, produced or finished by the owner of the truck, and
any other personal property owned by the farmer to whom the
license for the truck is issued, from the farm to market, and to
transport property and supplies to the farm of the owner.
Trucks, truck-tractors, tractors, semitrailers, and trailers
registered as "farm trucks" may be used by the owner thereof to
occasionally transport unprocessed and raw farm products, not
produced by the owner of the truck, from the place of production
to market when the transportation constitutes the first haul of
the products, and may be used by the owner thereof, either
farmer or logger who harvests and hauls forest products only, to
transport logs, pulpwood, lumber, chips, railroad ties and other
raw and unfinished forest products from the place of production
to an intermediate or final assembly point or transfer yard or
railhead when the transportation constitutes, which
transportation may be continued by another farm truck to a place
for final processing or manufacture located within 200 miles of
the place of production and all of which is deemed to constitute
the first haul thereof, of unfinished wood products; provided
that the owner and operator of the vehicle transporting planed
lumber shall have in immediate possession a statement signed by
the producer of the lumber designating the governmental
subdivision, section, and township where the lumber was produced
and that this haul, indicating the date, is the first haul
thereof. The licensed vehicles may also be used by the owner
thereof to transport, to and from timber-harvesting areas,
equipment and appurtenances incidental to timber harvesting, and
gravel and other road-building materials for timber haul roads.
(b) "Farm trucks" shall also include only single unit
trucks, which that, because of their construction, cannot be
used for any other purpose and are used exclusively to transport
milk and cream en route from a farm to an assembly point or
place for final manufacture, and for transporting milk and cream
from an assembly point to a place for final processing or
manufacture. This section shall not be construed to mean that
the owner or operator of the truck cannot carry on usual
accommodation services for patrons on regular return trips, such
as butter, cream, cheese, and other dairy supplies.
Sec. 2. Minnesota Statutes 2000, section 168.013,
subdivision 3, is amended to read:
Subd. 3. [APPLICATION; CANCELLATION; EXCESSIVE GROSS
WEIGHT FORBIDDEN.] (a) The applicant for all licenses based on
gross weight shall state the unloaded weight of the motor
vehicle, trailer, or semitrailer and the maximum load the
applicant proposes to carry thereon, the sum of which shall
constitute the gross weight upon which the license tax shall be
paid, but in no case shall the declared gross weight upon which
the tax is paid be less than 1-1/4 times the declared unloaded
weight of the motor vehicle, trailer, or semitrailer to be
registered, except recreational vehicles taxed under subdivision
1g, school buses taxed under subdivision 18, and tow trucks or
towing vehicles defined in section 169.01, subdivision 52. The
gross weight of a tow truck or towing vehicle is the actual
weight of the tow truck or towing vehicle fully equipped, but
does not include the weight of a wrecked or disabled vehicle
towed or drawn by the tow truck or towing vehicle.
(b) The gross weight of no a motor vehicle, trailer, or
semitrailer shall not exceed the gross weight upon which the
license tax has been paid by more than four percent or 1,000
pounds, whichever is greater; provided that, a vehicle
transporting unfinished forest products in accordance with
paragraph (d)(3) shall not exceed its gross vehicle weight upon
which the license tax has been paid, or gross axle weight on any
axle, by more than five percent and, notwithstanding other law
to the contrary, is not subject to any fee, fine, or other
assessment or penalty for exceeding a gross vehicle or axle
weight by up to five percent.
(c) The gross weight of the motor vehicle, trailer, or
semitrailer for which the license tax is paid shall be indicated
by a distinctive character on the license plate or plates except
as provided in subdivision 12 and the plate or plates shall be
kept clean and clearly visible at all times.
(d) The owner, driver, or user of a motor vehicle, trailer,
or semitrailer, upon conviction for transporting a gross weight
in excess of the gross weight for which it was registered or for
operating a vehicle with an axle weight exceeding the maximum
lawful axle load weight, shall be guilty of a misdemeanor and be
subject to increased registration or reregistration according to
the following schedule:
(1) The owner, driver, or user of a motor vehicle, trailer,
or semitrailer, upon conviction for transporting a gross weight
in excess of the gross weight for which it is registered by more
than four percent or 1,000 pounds, whichever is greater, the
allowance set forth in paragraph (b) but less than 25 percent or
for operating or using a motor vehicle, trailer, or semitrailer
with an axle weight exceeding the maximum lawful axle load as
provided in section 169.825 by more than four percent or 1,000
pounds, whichever is greater, the allowance set forth in
paragraph (b) but less than 25 percent, in addition to any
penalty imposed for the misdemeanor shall apply to the registrar
to increase the authorized gross weight to be carried on the
vehicle to a weight equal to or greater than the gross weight
the owner, driver, or user was convicted of carrying, the
increase computed for the balance of the calendar year on the
basis of 1/12 of the annual tax for each month remaining in the
calendar year beginning with the first day of the month in which
the violation occurred. If the additional registration tax
computed upon that weight, plus the tax already paid, amounts to
more than the regular tax for the maximum gross weight permitted
for the vehicle under section 169.825, that additional amount
shall nevertheless be paid into the highway fund, but the
additional tax thus paid shall not permit the vehicle to be
operated with a gross weight in excess of the maximum legal
weight as provided by section 169.825. Unless the owner within
30 days after a conviction shall apply to increase the
authorized weight and pay the additional tax as provided in this
section, the registrar shall revoke the registration on the
vehicle and demand the return of the registration card and
plates issued on that registration.
(2) The owner or driver or user of a motor vehicle,
trailer, or semitrailer upon conviction for transporting a gross
weight in excess of the gross weight for which the motor
vehicle, trailer, or semitrailer was registered by 25 percent or
more, or for operating or using a vehicle or trailer with an
axle weight exceeding the maximum lawful axle load as provided
in section 169.825 by 25 percent or more, in addition to any
penalty imposed for the misdemeanor, shall have the reciprocity
privileges on the vehicle involved if the vehicle is being
operated under reciprocity canceled by the registrar, or if the
vehicle is not being operated under reciprocity, the certificate
of registration on the vehicle operated shall be canceled by the
registrar and the registrar shall demand the return of the
registration certificate and registration plates. The registrar
may not cancel the registration or reciprocity privileges for
any vehicle found in violation of seasonal load restrictions
imposed under section 169.87 unless the axle weight exceeds the
year-round weight limit for the highway on which the violation
occurred. The registrar may investigate any allegation of gross
weight violations and demand that the operator show cause why
all future operating privileges in the state should not be
revoked unless the additional tax assessed is paid.
(3) Clause (1) does not apply to the first haul of
unprocessed or raw farm products or unfinished forest products,
when the registered gross weight is not exceeded by more than
ten percent. For purposes of this clause, "first haul" means
(i) the first, continuous transportation of unprocessed or raw
farm products from the place of production or on-farm storage
site to any other location within 50 miles of the place of
production or on-farm storage site, or (ii) the first,
continuous or noncontinuous transportation of unfinished forest
products from the place of production to the place of first
unloading final processing or manufacture located within 200
miles of the place of production.
(4) When the registration on a motor vehicle, trailer, or
semitrailer is revoked by the registrar according to provisions
of this section, the vehicle shall not be operated on the
highways of the state until it is registered or reregistered, as
the case may be, and new plates issued, and the registration fee
shall be the annual tax for the total gross weight of the
vehicle at the time of violation. The reregistration pursuant
to this subdivision of any vehicle operating under reciprocity
agreements pursuant to section 168.181 or 168.187 shall be at
the full annual registration fee without regard to the
percentage of vehicle miles traveled in this state.
Sec. 3. Minnesota Statutes 2000, section 169.771,
subdivision 2, is amended to read:
Subd. 2. [INSPECTION BY STATE TROOPER.] (a) The
commissioner of public safety is directed to accelerate spot
check inspections for unsafe motor vehicles and motor vehicle
equipment. Such inspections shall be conducted by the personnel
of the state patrol who shall give the operator of a commercial
motor vehicle a signed and dated document as evidence of the
inspection.
(b) However, personnel of the state patrol may not conduct
another spot inspection of a commercial motor vehicle if (1) the
operator of the vehicle can show evidence of an inspection,
which is free of critical defects, conducted in Minnesota
according to this section or section 169.781 within the previous
90 days and (2) a state trooper does not have probable cause to
believe the vehicle or its equipment is unsafe or that the
operator has engaged in illegal activity. In addition, if the
operator shows the state trooper evidence that the commercial
motor vehicle has been inspected within the previous 90 days,
but the officer has probable cause to believe the vehicle or its
equipment is unsafe or to suspect illegal activity, then the
vehicle may be inspected to confirm the existence or absence of
an unsafe condition or of the suspected illegal activity.
Sec. 4. Minnesota Statutes 2000, section 169.771,
subdivision 3, is amended to read:
Subd. 3. [RULES.] The commissioner of public safety may
establish such reasonable rules as are necessary to carry out
the provisions of this section, but all spot check inspections
shall be held in compliance with subdivision 2 and in such a
manner that the motor vehicle operators, either private or
commercial, shall not be unnecessarily inconvenienced either by
extended detours, unnecessary delays, or any other unreasonable
cause.
Sec. 5. Minnesota Statutes 2000, section 169.85,
subdivision 1, is amended to read:
Subdivision 1. [DRIVER TO STOP FOR WEIGHING.] (a) The
driver of a vehicle which that has been lawfully stopped may be
required by an officer to submit the vehicle and load to a
weighing by means of portable or stationary scales, and.
(b) In addition, the officer may require that the vehicle
be driven to the nearest available scales, but only if:
(1) the distance to the scales is no further than five
miles, or if the distance from the point where the vehicle is
stopped to the vehicle's destination is not increased by more
than ten miles as a result of proceeding to the nearest
available scales; and
(2) if the vehicle is a commercial motor vehicle, no more
than two other commercial motor vehicles are waiting to be
inspected at the scale.
(c) Official traffic control devices as authorized by
section 169.06 may be used to direct the driver to the nearest
scale.
(d) When a truck weight enforcement operation is conducted
by means of portable or stationary scales and signs giving
notice of the operation are posted within the highway
right-of-way and adjacent to the roadway within two miles of the
operation, the driver of a truck or combination of vehicles
registered for or weighing in excess of 12,000 pounds shall
proceed to the scale site and submit the vehicle to weighing and
inspection.
Sec. 6. Minnesota Statutes 2000, section 169.85,
subdivision 2, is amended to read:
Subd. 2. [UNLOADING.] (a) Upon weighing a vehicle and
load, as provided in this section, an officer may require the
driver to stop the vehicle in a suitable place and remain
standing until a portion of the load is removed that is
sufficient to reduce the gross weight of the vehicle to the
limit permitted under either section 168.013, subdivision 3,
paragraph (b), or 169.825, whichever is the lesser violation, if
any. A suitable place is a location where loading or tampering
with the load is not prohibited by federal, state, or local law,
rule, or ordinance.
(b) Except as provided in paragraph (c), a driver may be
required to unload a vehicle only if the weighing officer
determines that (a) (1) on routes subject to the provisions of
section 169.825, the weight on an axle exceeds the lawful gross
weight prescribed by section 169.825, by 2,000 pounds or more,
or the weight on a group of two or more consecutive axles in
cases where the distance between the centers of the first and
last axles of the group under consideration is ten feet or less
exceeds the lawful gross weight prescribed by section 169.825,
by 4,000 pounds or more; or (b) (2) on routes designated by the
commissioner in section 169.832, subdivision 11, the overall
weight of the vehicle or the weight on an axle or group of
consecutive axles exceeds the maximum lawful gross weights
prescribed by section 169.825; or (c) (3) the weight is unlawful
on an axle or group of consecutive axles on a road restricted in
accordance with section 169.87. Material unloaded must be cared
for by the owner or driver of the vehicle at the risk of the
owner or driver.
(c) If the gross weight of the vehicle does not exceed the
vehicle's registered gross weight plus the weight allowance set
forth in section 168.013, subdivision 3, paragraph (b), then the
driver is not required to unload under paragraph (b).
Sec. 7. Minnesota Statutes 2000, section 169.851,
subdivision 3, is amended to read:
Subd. 3. [FIRST HAUL.] "First haul" means the first,
continuous transportation from the place of production or on
farm storage site to any other location within 50 miles of the
place of production or on farm storage site has the meaning
given it in section 168.013, subdivision 3, paragraph (d)(3).
Sec. 8. Minnesota Statutes 2000, section 169.86,
subdivision 5, is amended to read:
Subd. 5. [FEE; PROCEEDS TO TRUNK HIGHWAY FUND.] The
commissioner, with respect to highways under the commissioner's
jurisdiction, may charge a fee for each permit issued. All such
fees for permits issued by the commissioner of transportation
shall be deposited in the state treasury and credited to the
trunk highway fund. Except for those annual permits for which
the permit fees are specified elsewhere in this chapter, the
fees shall be:
(a) $15 for each single trip permit.
(b) $36 for each job permit. A job permit may be issued
for like loads carried on a specific route for a period not to
exceed two months. "Like loads" means loads of the same
product, weight, and dimension.
(c) $60 for an annual permit to be issued for a period not
to exceed 12 consecutive months. Annual permits may be issued
for:
(1) motor vehicles used to alleviate a temporary crisis
adversely affecting the safety or well-being of the public;
(2) motor vehicles which travel on interstate highways and
carry loads authorized under subdivision 1a;
(3) motor vehicles operating with gross weights authorized
under section 169.825, subdivision 11, paragraph (a), clause
(3);
(4) special pulpwood vehicles described in section 169.863;
and
(5) motor vehicles bearing snowplow blades not exceeding
ten feet in width.
(d) $120 for an oversize annual permit to be issued for a
period not to exceed 12 consecutive months. Annual permits may
be issued for:
(1) mobile cranes;
(2) construction equipment, machinery, and supplies;
(3) manufactured homes;
(4) implements of husbandry when the movement is not made
according to the provisions of paragraph (i);
(5) double-deck buses;
(6) commercial boat hauling.
(e) For vehicles which have axle weights exceeding the
weight limitations of section 169.825, an additional cost added
to the fees listed above. However, this paragraph applies to
any vehicle described in section 168.013, subdivision 3,
paragraph (b), but only when the vehicle exceeds its gross
weight allowance set forth in that paragraph, and then the
additional cost is for all weight, including the allowance
weight, in excess of the permitted maximum axle weight. The
additional cost is equal to the product of the distance traveled
times the sum of the overweight axle group cost factors shown in
the following chart:
Overweight Axle Group Cost Factors
Weight (pounds) Cost Per Mile For Each Group Of:
exceeding Two consec- Three consec- Four consec-
weight utive axles utive axles utive axles
limitations spaced within spaced within spaced within
on axles 8 feet or less 9 feet or less 14 feet or less
0-2,000 .12 .05 .04
2,001-4,000 .14 .06 .05
4,001-6,000 .18 .07 .06
6,001-8,000 .21 .09 .07
8,001-10,000 .26 .10 .08
10,001-12,000 .30 .12 .09
12,001-14,000 Not permitted .14 .11
14,001-16,000 Not permitted .17 .12
16,001-18,000 Not permitted .19 .15
18,001-20,000 Not permitted Not permitted .16
20,001-22,000 Not permitted Not permitted .20
The amounts added are rounded to the nearest cent for each axle
or axle group. The additional cost does not apply to paragraph
(c), clauses (1) and (3).
For a vehicle found to exceed the appropriate maximum permitted
weight, a cost-per-mile fee of 22 cents per ton, or fraction of
a ton, over the permitted maximum weight is imposed in addition
to the normal permit fee. Miles must be calculated based on the
distance already traveled in the state plus the distance from
the point of detection to a transportation loading site or
unloading site within the state or to the point of exit from the
state.
(f) As an alternative to paragraph (e), an annual permit
may be issued for overweight, or oversize and overweight,
construction equipment, machinery, and supplies. The fees for
the permit are as follows:
Gross Weight (pounds) of Vehicle Annual Permit Fee
90,000 or less $200
90,001 - 100,000 $300
100,001 - 110,000 $400
110,001 - 120,000 $500
120,001 - 130,000 $600
130,001 - 140,000 $700
140,001 - 145,000 $800
If the gross weight of the vehicle is more than 145,000 pounds
the permit fee is determined under paragraph (e).
(g) For vehicles which exceed the width limitations set
forth in section 169.80 by more than 72 inches, an additional
cost equal to $120 added to the amount in paragraph (a) when the
permit is issued while seasonal load restrictions pursuant to
section 169.87 are in effect.
(h) $85 for an annual permit to be issued for a period not
to exceed 12 months, for refuse compactor vehicles that carry a
gross weight of not more than: 22,000 pounds on a single rear
axle; 38,000 pounds on a tandem rear axle; or, subject to
section 169.825, subdivision 14, 46,000 pounds on a tridem rear
axle. A permit issued for up to 46,000 pounds on a tridem rear
axle must limit the gross vehicle weight to not more than 62,000
pounds.
(i) For vehicles exclusively transporting implements of
husbandry, an annual permit fee of $24. A vehicle operated
under a permit authorized by this paragraph may be moved at the
discretion of the permit holder without prior route approval by
the commissioner if:
(1) the total width of the transporting vehicle, including
load, does not exceed 14 feet;
(2) the vehicle is operated only between sunrise and 30
minutes after sunset, and is not operated at any time after
12:00 noon on Sundays or holidays;
(3) the vehicle is not operated when visibility is impaired
by weather, fog, or other conditions that render persons and
other vehicles not clearly visible at 500 feet;
(4) the vehicle displays at the front and rear of the load
or vehicle a pair of flashing amber lights, as provided in
section 169.59, subdivision 4, whenever the overall width of the
vehicle exceeds 126 inches; and
(5) the vehicle is not operated on a trunk highway with a
surfaced roadway width of less than 24 feet unless such
operation is authorized by the permit.
A permit under this paragraph authorizes movements of the
permitted vehicle on an interstate highway, and movements of 75
miles or more on other highways.
Sec. 9. [NORTHERN ZONE LOAD RESTRICTION STUDY.]
The commissioner of transportation shall conduct a study of
load restrictions and seasonal load increases in the northern
zone of Minnesota and make recommendations regarding the
establishment of one or more new zones given the varying climate
in the northern area of the state. The commissioner shall
report findings back to the committees of the senate and house
of representatives with jurisdiction over transportation policy
by December 15, 2002.
Sec. 10. [EFFECTIVE DATE.]
Sections 1 to 9 are effective the day following final
enactment.
Presented to the governor May 14, 2002
Signed by the governor May 17, 2002, 10:36 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes