2002 Minnesota Statutes

CHAPTER 170. Traffic accident provisions

  170.01-170.19 Superseded by Laws 1945, Chapter 285 

  170.21 Repealed, 1974 c 408 s 33 

  170.22 Repealed, 1974 c 408 s 33 

     170.23 Abstract; fee; admissible in evidence. 

    The commissioner shall upon request furnish any person a 
 certified abstract of the operating record of any person subject 
 to the provisions of this chapter, and, if there shall be no 
 record of any conviction of such person of violating any law 
 relating to the operation of a motor vehicle or of any injury or 
 damage caused by such person, the commissioner shall so 
 certify.  Such abstracts shall not be admissible as evidence in 
 any action for damages or criminal proceedings arising out of a 
 motor vehicle accident.  A fee of $5 shall be paid for each such 
 abstract.  The commissioner shall permit a person to inquire 
 into the operating record of any person by means of the 
 inquiring person's own computer facilities for a fee to be 
 determined by the commissioner of at least $2 for each inquiry. 
 The commissioner shall furnish an abstract that is not certified 
 for a fee to be determined by the commissioner in an amount less 
 than the fee for a certified abstract but more than the fee for 
 an inquiry by computer.  Fees collected under this section must 
 be paid into the state treasury with 90 percent of the money 
 credited to the trunk highway fund and ten percent credited to 
 the general fund. 

    HIST: 1945 c 285 s 3; 1973 c 35 s 37; 1983 c 293 s 69; 1990 c 
 565 s 29 

  170.231 Repealed, 1973 c 35 s 38 

     170.24 Suspension of license for neglect to report 
  accident. 

    The commissioner may suspend the license, or any 
 nonresident's operating privilege, of any person who willfully 
 fails, refuses or neglects to make report of a traffic accident 
 as required by the laws of this state.  A license suspension 
 under this section is subject to the notice requirements of 
 section 171.18, subdivision 2.  

    HIST: 1945 c 285 s 4; 1996 c 346 s 3 

  170.25 Repealed, 1974 c 408 s 33 

  170.26 Repealed, 1974 c 408 s 33 

  170.27 Repealed, 1974 c 408 s 33 

  170.28 Repealed, 1974 c 408 s 33 

  170.29 Repealed, 1974 c 408 s 33 

  170.30 Repealed, 1974 c 408 s 33 

  170.31 Repealed, 1974 c 408 s 33 

  170.32 Repealed, 1974 c 408 s 33 

    170.33 Subdivision 1.  Repealed, 1974 c 408 s 33 

    Subd. 2.  Repealed, 1974 c 408 s 33 

    Subd. 3.  Repealed, 1974 c 408 s 33 

    Subd. 4.  Repealed, 1974 c 408 s 33 

    Subd. 5.  Repealed, 1974 c 22 s 6; 1974 c 408 s 33 

  170.34 Repealed, 1974 c 408 s 33 

  170.35 Repealed, 1974 c 408 s 33 

  170.36 Repealed, 1974 c 408 s 33 

  170.37 Repealed, 1974 c 408 s 33 

  170.38 Repealed, 1974 c 408 s 33 

  170.39 Repealed, 1974 c 408 s 33 

  170.40 Repealed, 1974 c 408 s 33 

  170.41 Repealed, 1974 c 408 s 33 

  170.42 Repealed, 1974 c 408 s 33 

  170.43 Repealed, 1974 c 408 s 33 

  170.44 Repealed, 1974 c 408 s 33 

  170.45 Repealed, 1974 c 408 s 33 

  170.46 Repealed, 1974 c 408 s 33 

  170.47 Repealed, 1974 c 408 s 33 

  170.48 Repealed, 1974 c 408 s 33 

  170.49 Repealed, 1974 c 408 s 33 

  170.50 Repealed, 1974 c 408 s 33 

  170.51 Repealed, 1974 c 408 s 33 

  170.52 Repealed, 1974 c 408 s 33 

  170.53 Repealed, 1974 c 408 s 33 

     170.54 Driver deemed agent of owner.  

    Whenever any motor vehicle shall be operated within this 
 state, by any person other than the owner, with the consent of 
 the owner, express or implied, the operator thereof shall in 
 case of accident, be deemed the agent of the owner of such motor 
 vehicle in the operation thereof.  

    HIST: 1945 c 285 s 34; 1967 c 397 s 1 

     170.55 Service of process. 

    Subdivision 1.    Commissioner as agent for service of 
 process.  The use and operation by a resident of this state or 
 the resident's agent, or by a nonresident or the nonresident's 
 agent of a motor vehicle within the state of Minnesota, shall be 
 deemed an irrevocable appointment by such resident if absent 
 from this state continuously for six months or more following an 
 accident, or by such nonresident at any time, of the 
 commissioner of public safety to be the resident's or 
 nonresident's true and lawful attorney upon whom may be served 
 all legal process in any action or proceeding against the 
 resident or nonresident or the executor, administrator, or 
 personal representative of the resident or nonresident growing 
 out of such use and operation of a motor vehicle within this 
 state, resulting in damages or loss to person or property, 
 whether the damage or loss occurs on a highway or on abutting 
 public or private property.  Such appointment is binding upon 
 the nonresident's executor, administrator, or personal 
 representative.  Such use or operation of a motor vehicle by 
 such resident or nonresident is a signification of agreement 
 that any such process in any action against the resident or 
 nonresident or executor, administrator, or personal 
 representative of the resident or nonresident which is so 
 served, shall be of the same legal force and validity as if 
 served upon the resident or nonresident personally or on the 
 executor, administrator, or personal representative of the 
 resident or nonresident.  Service of such process shall be made 
 by serving a copy thereof upon the commissioner or by filing 
 such copy in the commissioner's office, together with payment of 
 a fee of $2, and such service shall be sufficient service upon 
 the absent resident or the nonresident or the executor, 
 administrator, or personal representative of the resident or 
 nonresident; provided that notice of such service and a copy of 
 the process are within ten days thereafter sent by mail by the 
 plaintiff to the defendant at the defendant's last known address 
 and that the plaintiff's affidavit of compliance with the 
 provisions of this chapter is attached to the summons.  

    Subd. 2.    Continuance of court proceeding; costs.  The 
 court in which the action is pending may order such continuance 
 as may be necessary to afford the defendant reasonable 
 opportunity to defend any such action, not exceeding 90 days 
 from the date of filing of the action in such court.  The fee of 
 $2 paid by the plaintiff to the commissioner at the time of 
 service of such proceedings shall be taxed in the plaintiff's 
 cost if the plaintiff prevails in the suit.  The said 
 commissioner shall keep a record of all such processes so served 
 which shall show the day and hour of such service.  

    HIST: 1945 c 285 s 35; 1949 c 582 s 1; 1953 c 395 s 1; 1959 c 
 617 s 1; 1969 c 1129 art 1 s 18; 1986 c 444 

  170.56 Repealed, 1974 c 408 s 33 

  170.57 Repealed, 1974 c 408 s 33 

  170.58 Repealed, 1974 c 408 s 33