1997 Minnesota Statutes

     168.042 Administrative impoundment of plates. 

    Subdivision 1.    Definitions.  (a) For purposes of this 
 section, the following terms have the meanings given. 

    (b) "Violator" means a person who was driving, operating, 
 or in physical control of the motor vehicle when the violation 
 occurred. 

    (c) "Violation" includes: 

    (1) a violation of section 169.121, subdivision 1, clause 
 (a), (b), (c), (d), (e), (g), or (h); 169.121, subdivision 1a; 
 or 169.123; or a conforming ordinance from this state or a 
 conforming statute or ordinance from another state; that results 
 in the revocation of a person's driver's license or driving 
 privileges: 

    (i) within five years of a prior impaired driving 
 conviction or a prior license revocation; or 

    (ii) within 15 years of two or more prior impaired driving 
 convictions, two or more prior license revocations, or a prior 
 impaired driving conviction and a prior license revocation, 
 based on separate incidents; 

    (2) a violation of section 169.121, subdivision 1, clause 
 (f), or section 169.121, subdivision 3, paragraph (c), clause 
 (4); 

    (3) a violation of section 169.129; and 

    (4) a violation of section 171.24 by a person whose 
 driver's license or driving privileges have been canceled under 
 section 171.04, subdivision 1, clause (9). 

    (d) "Prior impaired driving conviction" has the meaning 
 given it in section 169.121, subdivision 3. 

    (e) "Prior license revocation" has the meaning given it in 
 section 169.121, subdivision 3. 

    Subd. 2.    Violation; issuance of impoundment order.  
 The commissioner shall issue a registration plate impoundment 
 order when: 

    (1) a person's driver's license or driving privileges are 
 revoked for a violation; or 

    (2) a person is arrested for or charged with a violation 
 described in subdivision 1, paragraph (c), clause (3) or (4). 

    The order shall require the impoundment of the registration 
 plates of the self-propelled motor vehicle involved in the 
 violation and all self-propelled motor vehicles owned by, 
 registered, or leased in the name of the violator, including 
 self-propelled motor vehicles registered jointly or leased in 
 the name of the violator and another.  An impoundment order 
 shall not be issued for the registration plates of a rental 
 vehicle as defined in section 168.041, subdivision 10, or a 
 vehicle registered in another state. 

    Subd. 3.    Notice of impoundment.  An impoundment order 
 is effective when the commissioner or a peace officer acting on 
 behalf of the commissioner notifies the violator or the 
 registered owner of the self-propelled motor vehicle of the 
 intent to impound and order of impoundment.  The notice must 
 advise the violator of the duties and obligations set forth in 
 subdivision 6 and of the right to obtain administrative and 
 judicial review.  The notice to the registered owner who is not 
 the violator must include the procedure to obtain new 
 registration plates under subdivision 8.  If mailed, the notice 
 and order of impoundment is deemed received three days after 
 mailing to the last known address of the violator or the 
 registered owner. 

    Subd. 4.    Peace officer as agent for notice of 
 impoundment.  On behalf of the commissioner, a peace officer 
 issuing a notice of intent to revoke and of revocation for a 
 violation shall also serve a notice of intent to impound and an 
 order of impoundment.  On behalf of the commissioner, a peace 
 officer who is arresting a person for or charging a person with 
 a violation described in subdivision 1, paragraph (c), clause 
 (3) or (4), shall also serve a notice of intent to impound and 
 an order of impoundment.  If the vehicle involved in the 
 violation is accessible to the officer at the time the 
 impoundment order is issued, the officer shall seize the 
 registration plates subject to the impoundment order.  The 
 officer shall destroy all plates seized or impounded under this 
 section.  The officer shall send to the commissioner copies of 
 the notice of intent to impound and the order of impoundment and 
 a notice that registration plates impounded and seized under 
 this section have been destroyed. 

    Subd. 5.    Temporary permit.  If the self-propelled 
 motor vehicle is registered to the violator, the officer shall 
 issue a temporary vehicle permit that is valid for seven days 
 when the officer issues the notices under subdivision 4.  If the 
 self-propelled motor vehicle is registered in the name of 
 another, the officer shall issue a temporary vehicle permit that 
 is valid for 45 days when the notices are issued under 
 subdivision 3.  The permit must be in a form determined by the 
 registrar and whenever practicable must be posted on the left 
 side of the inside rear window of the vehicle.  A permit is 
 valid only for the vehicle for which it is issued. 

    Subd. 6.    Vehicles subject to impoundment orders.  
 Within seven days after issuance of the impoundment notice, a 
 person who receives a notice of impoundment and impoundment 
 order shall surrender all registration plates subject to the 
 impoundment order that were not seized by a peace officer under 
 subdivision 4.  Registration plates required to be surrendered 
 under this subdivision must be surrendered to a Minnesota police 
 department, sheriff, or the state patrol, along with a copy of 
 the impoundment order.  A law enforcement agency receiving 
 registration plates under this subdivision shall destroy the 
 plates and notify the commissioner that they have been 
 destroyed.  The notification to the commissioner shall also 
 include a copy of the impoundment order. 

    Subd. 7.    Vehicle not owned by violator.  A violator 
 may file a sworn statement with the commissioner within seven 
 days of the issuance of an impoundment order stating any 
 material information relating to the impoundment order, 
 including that the vehicle has been sold or destroyed and 
 supplying the date, name, location, and address of the person or 
 entity that purchased or destroyed the vehicle.  The 
 commissioner shall rescind the impoundment order if the violator 
 shows that the impoundment order was not properly issued. 

    Subd. 8.    Reissuance of registration plates.  (a) The 
 commissioner shall rescind the impoundment order of a person 
 subject to an order under this section, other than the violator, 
 if: 

    (1) the violator had a valid driver's license on the date 
 of the violation and the person files with the commissioner an 
 acceptable sworn statement containing the following information: 

    (i) that the person is the registered owner of the vehicle 
 from which the plates have been impounded under this section; 

    (ii) that the person is the current owner and possessor of 
 the vehicle used in the violation; 

    (iii) the date on which the violator obtained the vehicle 
 from the registered owner; 

    (iv) the residence addresses of the registered owner and 
 the violator on the date the violator obtained the vehicle from 
 the registered owner; 

    (v) that the person was not a passenger in the vehicle at 
 the time of the violation; and 

    (vi) that the person knows that the violator may not drive, 
 operate, or be in physical control of a vehicle without a valid 
 driver's license; or 

    (2) the violator did not have a valid driver's license on 
 the date of the violation and the person made a report to law 
 enforcement before the violation stating that the vehicle had 
 been taken from the person's possession or was being used 
 without permission.  

    (b) A person who has failed to make a report as provided in 
 paragraph (a), clause (2), may be issued special registration 
 plates under subdivision 12 for a period of one year from the 
 effective date of the impoundment order.  At the next 
 registration renewal following this period, the person may apply 
 for regular registration plates. 

    (c) If the order is rescinded, the owner shall receive new 
 registration plates at no cost, if the plates were seized and 
 destroyed. 

    Subd. 9.    Administrative review.  At any time during 
 the effective period of an impoundment order, a person may 
 request in writing a review of the impoundment order by the 
 commissioner.  On receiving a request, the commissioner or the 
 commissioner's designee shall review the order, the evidence 
 upon which the order was based, and any other material 
 information brought to the attention of the commissioner, and 
 determine whether sufficient cause exists to sustain the order.  
 The commissioner shall report in writing the results of the 
 review within 15 days of receiving the request.  The review 
 provided in this subdivision is not subject to the contested 
 case provisions of the Administrative Procedure Act in sections 
 14.01 to 14.69.  As a result of this review, the commissioner 
 may authorize the issuance at no cost of new registration plates 
 to the registered owner of the vehicle if the registered owner's 
 license or driving privileges were not revoked as a result of 
 the violation. 

    Review under this subdivision shall take place, if 
 possible, at the same time as any administrative review of the 
 person's license revocation under section 169.123, subdivision 
 5b. 

    Subd. 10.    Petition for judicial review.  (a) Within 
 30 days following receipt of a notice and order of impoundment 
 under this section, a person may petition the court for review.  
 The petition must include the petitioner's date of birth, 
 driver's license number, and date of the violation.  The 
 petition shall state with specificity the grounds upon which the 
 petitioner seeks rescission of the order for impoundment.  The 
 petition may be combined with any petition filed under section 
 169.123, subdivision 5c.  

    (b) Except as otherwise provided in this section, the 
 judicial review and hearing are governed by section 169.123, 
 subdivisions 5c and 6, and shall take place at the same time as 
 any judicial review of the person's license revocation under 
 section 169.123.  The filing of the petition shall not stay the 
 impoundment order.  The reviewing court may order a stay of the 
 balance of the impoundment period if the hearing has not been 
 conducted within 60 days after filing of the petition upon terms 
 the court deems proper.  The court shall order either that the 
 impoundment be rescinded or sustained, and forward the order to 
 the commissioner of public safety.  The court shall file its 
 order within 14 days following the hearing. 

    (c) In addition to the issues described in section 169.123, 
 subdivision 6, the scope of a hearing under this subdivision is 
 limited to: 

    (1) whether the violator owns, is the registered owner of, 
 possesses, or has access to the vehicle used in the violation; 

    (2) whether a member of the violator's household has a 
 valid driver's license, the violator or registered owner has a 
 limited license issued under section 171.30, the registered 
 owner is not the violator and the registered owner has a valid 
 or limited driver's license, or a member of the registered 
 owner's household has a valid driver's license; and 

    (3) if the impoundment is based on a violation described in 
 subdivision 1, paragraph (c), clause (2) or (3), whether the 
 peace officer had probable cause to believe the violator 
 committed the violation and whether the evidence demonstrates 
 that the violation occurred. 

    (d) In a hearing under this subdivision, the following 
 shall be admissible in evidence: 

    (1) certified copies of the violator's driving record; and 

    (2) certified copies of vehicle registration records 
 bearing the violator's name. 

    Subd. 11.    Rescission of revocation; dismissal of 
 charges or acquittal; issuance of new plates.  If: 

    (1) the driver's license revocation that is the basis for 
 an impoundment order is rescinded; 

    (2) the charges for the violation have been dismissed with 
 prejudice; or 

    (3) the violator has been acquitted of the violation; 

 then the registrar of motor vehicles shall issue new 
 registration plates for the vehicle at no cost, when the 
 registrar receives an application that includes a copy of the 
 order rescinding the driver's license revocation, the order 
 dismissing the charges, or the judgment of acquittal.  

    Subd. 11a.    Charge for reinstatement of registration 
 plates in certain situations.  When the registrar of motor 
 vehicles reinstates a person's registration plates after 
 impoundment for reasons other than those described in 
 subdivision 11, the registrar shall charge the person $25.  
 Money raised under this subdivision must be paid into the state 
 treasury and credited to the highway user tax distribution fund. 

    Subd. 12.    Issuance of special registration plates.  A 
 violator or registered owner may apply to the commissioner for 
 new registration plates, which must bear a special series of 
 numbers or letters so as to be readily identified by traffic law 
 enforcement officers.  The commissioner may authorize the 
 issuance of special plates if: 

    (1) the violator has a qualified licensed driver whom the 
 violator must identify; 

    (2) the violator or registered owner has a limited license 
 issued under section 171.30; 

    (3) the registered owner is not the violator and the 
 registered owner has a valid or limited driver's license; or 

    (4) a member of the registered owner's household has a 
 valid driver's license. 

 The commissioner may issue the special plates on payment of a 
 $25 fee for each vehicle for which special plates are requested. 

    Subd. 13.    Sale of vehicle subject to impoundment order. 
  A registered owner may not sell a self-propelled motor 
 vehicle during the time its registration plates have been 
 ordered impounded or during the time its registration plates 
 bear a special series number, unless: 

    (1) the sale is for a valid consideration; 

    (2) the transferee does not reside in the same household as 
 the registered owner; and 

    (3) all elements of section 168A.10 are satisfied. 

    The registrar may then transfer the title to the new owner 
 upon proper application and issue new registration plates. 

    Subd. 13a.    Acquiring another vehicle.  If during the 
 effective period of the plate impoundment the violator applies 
 to the commissioner for registration plates for any vehicle, the 
 commissioner shall not issue registration plates unless the 
 violator qualifies for special registration plates under 
 subdivision 12 and unless the plates issued are special plates 
 as described in subdivision 12. 

    Subd. 14.    Misdemeanor offenses.  A person is guilty 
 of a misdemeanor who: 

    (1) fails to comply with an impoundment order under this 
 section; 

    (2) files a false statement under subdivision 5 or 6; 

    (3) operates a self-propelled motor vehicle on a street or 
 highway when the vehicle is subject to an impoundment order 
 issued under this section; or 

    (4) fails to notify the commissioner of the impoundment 
 order when requesting new plates. 

    Subd. 15.    Fees credited to highway user fund.  Fees 
 collected from the sale of license plates under this section 
 must be paid into the state treasury and credited to the highway 
 user tax distribution fund. 

    HIST: 1990 c 602 art 1 s 5; 1991 c 199 art 2 s 1; 1992 c 570 
 art 1 s 1-5; 1992 c 581 s 4; 1993 c 347 s 2; 1994 c 501 s 2; 
 1994 c 615 s 9; 1995 c 99 s 4-8; 1996 c 442 s 1,2; 1996 c 455 
 art 4 s 1,2; 1997 c 12 art 3 s 4; 1Sp1997 c 2 s 14-19