2002 Minnesota Statutes

CHAPTER 168C. Bicycle registration

     168C.01 Policy statement. 

    The legislature of the state of Minnesota finds that the 
 use of bicycles as a means of travel and recreation embodying 
 physical, environmental and social benefits is already 
 recognized by many people in the state, and will be further 
 encouraged given the opportunity for safe, convenient and 
 pleasant bicycle travel.  The legislature further finds that 
 dependence on the private automobile must be reduced, 
 particularly in the light of an energy shortage and 
 encouragement of increased bicycle usage by the provision and 
 maintenance of bikeways and with the addition of some traffic 
 laws designed for the orderly integration of bicycles into 
 traffic systems, is a way of reducing this dependence.  However, 
 the growth in popularity of the bicycle as a mode of 
 transportation and as a recreational vehicle has led to an 
 increase in the number of bicycle thefts.  To more effectively 
 deal with the problems associated with theft and to aid in the 
 recovery of stolen bicycles, a statewide bicycle registration 
 system is hereby created. 

    HIST: 1976 c 199 s 1 

     168C.02 Definitions. 

    Subdivision 1.    Scope.  For purposes of this chapter, 
 the terms defined in this section have the meanings given them. 

    Subd. 2.    Bicycle.  "Bicycle" means every device 
 propelled by human power upon which a person may ride, having 
 two tandem wheels either of which is over 14 inches in diameter, 
 or any device generally recognized as a bicycle though equipped 
 with two front or rear wheels, or a unicycle. 

    Subd. 3.    Bicycle dealer.  "Bicycle dealer" means a 
 person, firm, partnership, association, or corporation which is 
 engaged, wholly or partly, in the business of selling bicycles, 
 or buying or taking in trade bicycles for the purpose of resale, 
 selling, or offering for sale, or otherwise dealing in bicycles, 
 whether or not the bicycles are owned by the person or entity.  
 The term does not include agents or employees of the person or 
 entity. 

    Subd. 4.    Commissioner.  "Commissioner" means the 
 commissioner of public safety. 

    Subd. 5.    License.  "License" means a tag, plate, 
 seal, sticker, or other device that can be securely attached to 
 a bicycle and that is issued upon registration of the bicycle. 

    HIST: 1976 c 199 s 2; 1977 c 41 s 1; 2002 c 371 art 1 s 30,31 

     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 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. 

    HIST: 1976 c 199 s 3; 1977 c 41 s 2; 2002 c 371 art 1 s 32 

     168C.04 Registration requirements, fee, account, 
  appropriation. 

    Subdivision 1.    Three-year registration fee; procedures. 
  The registration fee for bicycles is $9 after July 1, 1991.  
 These fees 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 ownership is required for registration.  Bicycles 
 lacking proof of ownership may be registered if there is no 
 evidence that the bicycle is stolen.  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.

    Subd. 2.    Bicycle transportation account; money 
 allocated.  A bicycle transportation account is created in the 
 special revenue fund.  All funds in the account, up to a maximum 
 of $160,000 in a fiscal year, are annually appropriated as 
 follows: 

    (1) one-half to the commissioner of transportation for the 
 development of bicycle transportation and recreational 
 facilities on public highways, including but not limited to 
 bicycle lanes and ways on highways, off-road bicycle trails, and 
 bicycle mapping; and 

    (2) one-half to the commissioner of public safety for 
 bicycle safety programs, administration of the bicycle 
 registration program, and public information and education 
 designed to encourage participation in the program. 

    Subd. 3.    Considerations before money distributed.  An 
 agency of the state expending funds from the bicycle 
 transportation account must, in making expenditures for the 
 purposes of subdivision 2, paragraph (c), give consideration to 
 participation or nonparticipation by a political subdivision in 
 the bicycle registration program as provided in section 168C.13 
 and the extent of local public participation in the program 
 before approving a project or expenditure in that political 
 subdivision.  

    Subd. 4.  Repealed by amendment, 1991 c 233 s 59 

    HIST: 1976 c 199 s 4; 1984 c 572 s 1; 1986 c 444; 1991 c 233 s 
 59; 2002 c 371 art 1 s 33 

     168C.05 Report of transfer. 

    Every person who sells or transfers ownership of any 
 bicycle registered pursuant to this chapter shall report the 
 sale or transfer to the commissioner 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. 

    HIST: 1976 c 199 s 5; 2002 c 371 art 1 s 34 

     168C.06 Notification of change of address. 

    Upon moving or change of address, the owner of a bicycle 
 registered pursuant to this chapter shall notify the 
 commissioner in the format and manner prescribed by the 
 commissioner of the new address within 14 days. 

    HIST: 1976 c 199 s 6; 1986 c 444; 2002 c 371 art 1 s 35 

     168C.07 License and registration; replacement fee. 

    (a) The commissioner shall provide to the registrant a 
 suitable registration card that has the registration number 
 stamped on the card and 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. 

    (b) The commissioner shall issue a license, which must be 
 securely attached to the bicycle covered by the registration. 

    (c) Upon a satisfactory showing that the license or 
 registration card has been lost or destroyed, the commissioner 
 shall issue a replacement license or registration card upon 
 payment of a fee of $1.  All fees so collected must be deposited 
 to the general fund. 

    HIST: 1976 c 199 s 7; 1977 c 41 s 3; 2002 c 371 art 1 s 36 

     168C.08 Altering serial number; penalty. 

    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.  A person shall not willfully remove, destroy, 
 mutilate, or otherwise alter any license during the time in 
 which the license is operative.  Any person who violates this 
 section is guilty of a misdemeanor. 

    HIST: 1976 c 199 s 8; 2002 c 371 art 1 s 37 

     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 this chapter to the 
 department of public safety within five days.  Reports of the 
 stolen bicycles 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 this chapter in 
 the state in an automated system.  The records 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 
 this chapter 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. 

    HIST: 1976 c 199 s 9; 1986 c 444; 2002 c 371 art 1 s 38 

     168C.10 Tampering; penalty. 

    No person, other than the owner or the owner's authorized 
 agent, except for protection of the bicycle, shall tamper with 
 any bicycle which has been locked or placed in a rack or 
 otherwise secured.  Any person who violates the provision of 
 this section is guilty of a misdemeanor. 

    HIST: 1976 c 199 s 10 

     168C.11 Deputy registrars of bicycles. 

    Subdivision 1.    Appointment; service fee.  (a) Subject 
 to subdivision 2, the commissioner shall appoint as deputy 
 registrars of bicycles any bicycle dealer, or agent or employee 
 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 this chapter.  

    (b) 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 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 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 this chapter 
 or any rule adopted under the authority of this chapter.  Upon 
 the entry of such an order, the commissioner shall promptly 
 serve a copy of the order on the applicant or deputy registrar 
 of bicycles.  The order must state the reasons for its issuance 
 and, in the case of a suspension or revocation of appointment, 
 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.  If no 
 hearing is requested, the order 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 chapter 14, shall affirm, modify, or vacate the 
 order. 

    HIST: 1976 c 199 s 11; 1977 c 41 s 4,5; 1981 c 363 s 25; 1982 
 c 424 s 130; 1984 c 572 s 2; 1986 c 444; 2002 c 371 art 1 s 39 

     168C.12 Administration; rules. 

    The commissioner shall adopt rules for the implementation 
 and administration of this chapter.  Nothing in this chapter 
 prevents the commissioner from contracting any service provided 
 under this chapter to any private person or entity or other unit 
 of government. 

    HIST: 1976 c 199 s 12; 1977 c 41 s 6; 2002 c 371 art 1 s 40 

     168C.13 Registration by political subdivision. 

    Subdivision 1.    Bicycle registration powers of political 
 subdivision.  No political subdivision may license or register 
 bicycles except as a deputy registrar pursuant to section 
 168C.11, subdivision 1.  However, any political subdivision 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 of the public way, must be 
 registered.  Applications for new registrations required 
 pursuant to this subdivision 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. 

    Subd. 2.    Records of registration; notice of transfers. 
  Any political subdivision of the state which licensed or 
 registered bicycles prior to March 1, 1977, may after such date, 
 continue to maintain its licensing or registration records and 
 may require the owner of record as of March 1, 1977, of any 
 bicycle registered therewith on or prior to that date to notify 
 the political subdivision upon selling or otherwise transferring 
 ownership of the bicycle. 

    Subd. 3.    Registration of impounded bicycles upon sale. 
  A political subdivision that sells bicycles it has impounded 
 may require that the purchaser of an impounded bicycle register 
 the bicycle under section 168C.03 as a condition of the sale. 

    HIST: 1976 c 199 s 13; 1977 c 41 s 7; 1985 c 248 s 70; 1986 c 
 444; 2000 c 462 s 1; 2002 c 371 art 1 s 41