1.1 	A bill for an act
1.2 	relating to natural resources; modifying regulation of all-terrain vehicles; creating 
1.3 	two classes of all-terrain vehicles;amending Minnesota Statutes 2004, sections 
1.4 	84.92, subdivision 8, by adding subdivisions; 84.928, by adding a subdivision; 
1.5 	Minnesota Statutes 2005 Supplement, sections 84.9256, subdivision 1; 84.9257; 
1.6 	84.926, subdivision 4; 84.928, subdivision 1.
1.7 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8 	Section 1. Minnesota Statutes 2004, section 84.92, subdivision 8, is amended to read:
1.9 		Subd. 8.All-terrain vehicle or vehicle.  "All-terrain vehicle" or "vehicle" means a 
1.10 	motorized flotation-tired vehicle of not less than three low pressure tires, but not more 
1.11 	than six tires, that is limited in engine displacement of less than 800 cubic centimeters 
1.12 	and ~~total dry weight less than 900 pounds~~ includes a class 1 all-terrain vehicle and class 2 
1.13 	all-terrain vehicle.

1.14 	Sec. 2. Minnesota Statutes 2004, section 84.92, is amended by adding a subdivision to 
1.15 	read:
1.16 		Subd. 9.Class 1 all-terrain vehicle. "Class 1 all-terrain vehicle" means an 
1.17 	all-terrain vehicle that has a total dry weight of less than 900 pounds.

1.18 	Sec. 3. Minnesota Statutes 2004, section 84.92, is amended by adding a subdivision to 
1.19 	read:
1.20 		Subd. 10.Class 2 all-terrain vehicle. "Class 2 all-terrain vehicle" means an 
1.21 	all-terrain vehicle that has a total dry weight of 900 to 1,500 pounds.

2.1 	Sec. 4. Minnesota Statutes 2005 Supplement, section 84.9256, subdivision 1, is 
2.2 	amended to read:
2.3 		Subdivision 1.Prohibitions on youthful operators. (a) Except for operation on 
2.4 	public road rights-of-way that is permitted under section 84.928, a driver's license issued 
2.5 	by the state or another state is required to operate an all-terrain vehicle along or on a 
2.6 	public road right-of-way.
2.7 	(b) A person under 12 years of age shall not:
2.8 	(1) make a direct crossing of a public road right-of-way;
2.9 	(2) operate an all-terrain vehicle on a public road right-of-way in the state; or
2.10 	(3) operate an all-terrain vehicle on public lands or waters, except as provided in 
2.11 	paragraph (e).
2.12 	(c) Except for public road rights-of-way of interstate highways, a person 12 years 
2.13 	of age but less than 16 years may make a direct crossing of a public road right-of-way 
2.14 	of a trunk, county state-aid, or county highway or operate on public lands and waters, 
2.15 	only if that person possesses a valid all-terrain vehicle safety certificate issued by the 
2.16 	commissioner and is accompanied on another all-terrain vehicle by a person 18 years of 
2.17 	age or older who holds a valid driver's license.
2.18 	(d) To be issued an all-terrain vehicle safety certificate, a person at least 12 years 
2.19 	old, but less than 16 years old, must:
2.20 	(1) successfully complete the safety education and training program under section 
2.21 	84.925, subdivision 1, including a riding component; and
2.22 	(2) be able to properly reach and control the handle bars and reach the foot pegs 
2.23 	while sitting upright on the seat of the all-terrain vehicle.
2.24 	(e) A person at least ten years of age but under 12 years of age may operate an 
2.25 	all-terrain vehicle with an engine capacity up to 90cc on public lands or waters if 
2.26 	accompanied by a parent or legal guardian.
2.27 	(f) A person under 16 years of age shall not operate a class 2 all-terrain vehicle.

2.28 	Sec. 5. Minnesota Statutes 2005 Supplement, section 84.9257, is amended to read:
2.29 	84.9257 PASSENGERS.
2.30 	(a) A parent or guardian may operate ~~an~~ a class 1 all-terrain vehicle carrying one 
2.31 	passenger who is under 16 years of age and who wears a safety helmet approved by the 
2.32 	commissioner of public safety.
2.33 	(b) For the purpose of this section, "guardian" means a legal guardian of a person 
2.34 	under age 16, or a person 18 or older who has been authorized by the parent or legal 
2.35 	guardian to supervise the person under age 16.
3.1 	(c) A person 18 years of age or older may operate an all-terrain vehicle carrying 
3.2 	one passenger who is 16 or 17 years of age and wears a safety helmet approved by the 
3.3 	commissioner of public safety.
3.4 	(d) A person 18 years of age or older may operate an all-terrain vehicle carrying one 
3.5 	passenger who is 18 years of age or older.
3.6 	(e) An operator of a class 2 all-terrain vehicle may carry two passengers.

3.7 	Sec. 6. Minnesota Statutes 2005 Supplement, section 84.926, subdivision 4, is 
3.8 	amended to read:
3.9 		Subd. 4.Off-road and all-terrain vehicles; limited or managed forests; trails.
 3.10 	Notwithstanding section 84.777, but subject to the commissioner's authority under 
3.11 	subdivision 5, on state forest lands classified as limited or managed, other than the Richard 
3.12 	J. Dorer Memorial Hardwood Forest, a person may use vehicles registered under chapter 
3.13 	168 or section 84.798 or 84.922, including class 2 all-terrain vehicles,  on forest trails that 
3.14 	are not designated for a specific use when:
3.15 	(1) hunting big game or transporting or installing hunting stands during October, 
3.16 	November, and December, when in possession of a valid big game hunting license;
3.17 	(2) retrieving big game in September, when in possession of a valid big game 
3.18 	hunting license;
3.19 	(3) tending traps during an open trapping season for protected furbearers, when in 
3.20 	possession of a valid trapping license; or
3.21 	(4) trapping minnows, when in possession of a valid minnow dealer, private fish 
3.22 	hatchery, or aquatic farm license.

3.23 	Sec. 7. Minnesota Statutes 2005 Supplement, section 84.928, subdivision 1, is 
3.24 	amended to read:
3.25 		Subdivision 1.Operation on roads and rights-of-way; class 1 vehicles. (a) Unless 
3.26 	otherwise allowed in sections 84.92 to 84.929, a person shall not operate ~~an~~ a class 1 
3.27 	 all-terrain vehicle in this state along or on the roadway, shoulder, or inside bank or slope 
3.28 	of a public road right-of-way of a trunk, county state-aid, or county highway other than 
3.29 	in the ditch or the outside bank or slope of a trunk, county state-aid, or county highway 
3.30 	unless prohibited under paragraph (b).
3.31 	(b) A road authority as defined under section 160.02, subdivision 25, may after a 
3.32 	public hearing restrict the use of class 1 all-terrain vehicles in the ditch or outside bank or 
3.33 	slope of a public road right-of-way under its jurisdiction.
4.1 	(c) The restrictions in paragraphs (a), (b), (g), (h), and (i) do not apply to the 
4.2 	operation of ~~an~~ a class 1 all-terrain vehicle on the shoulder, inside bank or slope, ditch, 
4.3 	or outside bank or slope of a trunk, interstate, county state-aid, or county highway when 
4.4 	the class 1 all-terrain vehicle is:
4.5 	(1) owned by or operated under contract with a publicly or privately owned utility 
4.6 	or pipeline company; and
4.7 	(2) used for work on utilities or pipelines.
4.8 	(d) The commissioner may limit the use of a right-of-way for a period of time if the 
4.9 	commissioner determines that use of the right-of-way causes:
4.10 	(1) degradation of vegetation on adjacent public property;
4.11 	(2) siltation of waters of the state;
4.12 	(3) impairment or enhancement to the act of taking game; or
4.13 	(4) a threat to safety of the right-of-way users or to individuals on adjacent public 
4.14 	property.
4.15 	(e) The commissioner must notify the road authority as soon as it is known that a 
4.16 	closure will be ordered. The notice must state the reasons and duration of the closure.
4.17 	(f) A person may operate ~~an~~ a class 1 all-terrain vehicle registered for private use and 
4.18 	used for agricultural purposes on a public road right-of-way of a trunk, county state-aid, or 
4.19 	county highway in this state if the class 1 all-terrain vehicle is operated on the extreme 
4.20 	right-hand side of the road, and left turns may be made from any part of the road if it is 
4.21 	safe to do so under the prevailing conditions.
4.22 	(g) A person shall not operate ~~an~~ a class 1 all-terrain vehicle within the public road 
4.23 	right-of-way of a trunk, county state-aid, or county highway from April 1 to August 1 in 
4.24 	the agricultural zone unless the vehicle is being used exclusively as transportation to and 
4.25 	from work on agricultural lands. This paragraph does not apply to an agent or employee 
4.26 	of a road authority, as defined in section 160.02, subdivision 25, or the Department of 
4.27 	Natural Resources when performing or exercising official duties or powers.
4.28 	(h) A person shall not operate ~~an~~ a class 1 all-terrain vehicle within the public 
4.29 	road right-of-way of a trunk, county state-aid, or county highway between the hours of 
4.30 	one-half hour after sunset to one-half hour before sunrise, except on the right-hand side 
4.31 	of the right-of-way and in the same direction as the highway traffic on the nearest lane 
4.32 	of the adjacent roadway.
4.33 	(i) A person shall not operate ~~an~~ a class 1 all-terrain vehicle at any time within the 
4.34 	right-of-way of an interstate highway or freeway within this state.

5.1 	Sec. 8. Minnesota Statutes 2004, section 84.928, is amended by adding a subdivision 
5.2 	to read:
5.3 		Subd. 8.Operation; class 2 vehicles. Except as provided in section 84.926, 
5.4 	subdivision 4, operation of class 2 all-terrain vehicles on public lands is limited to forest 
5.5 	roads, minimum maintenance roads, and trails designated or signed for class 2 all-terrain 
5.6 	vehicles.

5.7 	Sec. 9. TRANSITION.
 5.8 	The commissioner of natural resources shall distinguish between class 1 registration 
5.9 	and class 2 registration for all-terrain vehicles under Minnesota Statutes, section 84.922. 
5.10 	A class 2 all-terrain vehicle that is not registered as a class 2 all-terrain vehicle on the 
5.11 	effective date of this act shall be registered as a class 2 vehicle when the registration next 
5.12 	expires or when the registrant requests a duplicate registration.

5.13 	Sec. 10. EFFECTIVE DATE.
 5.14 	Sections 1 to 9 are effective December 12, 2006.