360.59 Aircraft registration and listing for taxation.
Subdivision 1. Date of listing and application; form. Every owner of aircraft in this state, except as exempted by sections 360.54 and 360.55, shall, before July 1, in each fiscal year thereafter, or as soon after such date of becoming the owner thereof, file with the commissioner, on a blank provided by the commissioner, a listing for taxation and application for the registration of such aircraft, in such form and stating such information as the commissioner may require. The said owner shall certify that the statements made are correct and true, and any false statement willfully and knowingly made in regard thereto shall be deemed a perjury and punished accordingly. The listing and application for registration by dealers or manufacturers' agents within the state of aircraft received for sale or use within the state shall be accepted as compliance with the requirements of sections 360.54 to 360.67 imposed upon the manufacturer.
Subd. 2. Agent or lienor may list. Any act required herein of an owner may be performed in the owner's behalf by a duly authorized agent. Any person having a lien upon, or claim to, any aircraft may pay any tax due thereon to prevent the penalty for delayed registration from accruing, but the registration certificate and number plates shall not be issued until legal ownership is definitely determined.
Subd. 3. Issuance of certificate. The commissioner shall file such application and upon approval thereof and upon payment of the aircraft tax as provided in sections 360.54 to 360.67, together with all arrears and penalties, if any, and upon the delivery to the commissioner of the duly endorsed registration certificate of the former owner, if any, or proof of loss provided in lieu thereof, shall assign to it a distinctive number and issue to the owner a registration certificate which shall contain the name, place of residence, with street and number, if in a city, and post office address of the owner, a specific description of the aircraft, and the number assigned, together with a place on the face of the certificate in which the owner shall immediately upon receipt thereof place the owner's signature and on the reverse side thereof, an assignment and notice of sale or termination of ownership with places for the signature of both seller and purchaser, and a place for assignment of the tax that has been paid. The registration certificate shall be retained by the owner until surrender as herein provided. In the case of listing and registration by manufacturers' agents or dealers of aircraft not using the air space overlying the state of Minnesota and the airports thereof no registration certificate shall be issued, but a duplicate of such list may be retained by the dealer or manufacturer as the registration certificate.
Subd. 4. Number plates. The commissioner, upon such approval and payment, shall also issue to the applicant number plates, decalcomania labels, or stamps bearing an abbreviation of the state name and the number assigned to the aircraft. After being issued for use upon an aircraft no number plate, label, or stamp shall be transferred to another aircraft. Such number plates, labels, or stamps shall be securely attached in a conspicuous place on the aircraft for which they are issued.
Subd. 5. Commissioner to approve. The commissioner shall approve applications and issue number plates for any aircraft. When an applicant is listing the same aircraft for taxation and registration for the second and succeeding time the registration certificate issued for the prior year need not be delivered to the commissioner; but in case of a transfer or sale the registration certificate therefor issued or proof of loss thereof by sworn statement shall be delivered to the commissioner. The commissioner shall be satisfied from the records that all taxes and fees due hereunder shall have been paid, and endorsements upon said certificate or sworn proof of loss in writing signed by the seller and purchaser, shall furnish proof that the applicant for registration is paying or receiving credit for the tax upon the aircraft of which the applicant is the rightful possessor.
Subd. 6. Expiration of registration certificate. The registered owner's right to the registration certificate provided for herein and the right to use the number plates issued therewith shall expire upon the termination of ownership of any person in the aircraft for which the same was issued, and in any event at midnight on June 30 of the fiscal year for which the registration certificate was issued.
Subd. 7. Transfer of ownership. Upon the transfer of ownership, destruction, theft, dismantling as such, or the permanent removal by the owner thereof from this state of any aircraft registered in accordance with the provisions of sections 360.511 to 360.67, the right of the owner of such aircraft to use the registration certificate and number plates assigned such aircraft shall expire, and such certificate and any existing plates shall be, by such owner, forthwith returned with transportation prepaid to the commissioner with a signed notice of the date and manner of termination of ownership, giving the name and post office address, with street and number, if in a city, of the person to whom transferred; provided, however, that whenever the ownership of an aircraft shall be transferred to another who shall forthwith register the same in that person's name, the commissioner may permit the manual delivery of such plates to the new owner of such aircraft. On becoming the owner by gift, trade, or purchase of any aircraft for which a registration certificate has been theretofore issued under the provisions of sections 360.511 to 360.67, a person, including a dealer or manufacturer, shall, within seven days after acquiring ownership, join with the registered owner in transmitting with an application the said registration certificate with the assignment and notice of sale duly executed upon the reverse side thereof, or in case of loss of such certificate, with such proof of loss by sworn statements in writing as shall be satisfactory to the commissioner. Upon the transfer of any aircraft by a manufacturer or dealer, for use within the state, whether by sale, lease, or otherwise, such manufacturer or dealer shall, within seven days after such transfer, transmit the transferee's application for registration thereof and such manufacturer or dealer shall each month file with the commissioner a notice or report containing the date of such transfer, a description of such aircraft, and the name, street and number of residence, if in a city, and post office address of the transferee.
Subd. 8. Amendment, suspension, modification, revocation. All registrations and issue of number plates shall be subject to amendment, suspension, modification, or revocation by the commissioner summarily for any violation of or neglect to comply with the provisions of sections 360.511 to 360.67. In any case where the proper registration of an aircraft is dependent upon procuring information entailing such delay as to unreasonably deprive the owner of the use of the aircraft, the commissioner may issue a tax receipt and plates conditionally. In any case when revoking a registration for cause, the commissioner shall have authority to demand the return of the number plates and registration certificate and, if necessary, to seize the number plates issued for such registration.
Subd. 9. Defacement or destruction of number plates. In the event of the defacement, loss, or destruction of any number plates the commissioner upon receiving and filing a sworn statement of the aircraft owner, setting forth the circumstances of the defacement, loss, destruction, or theft of the number plates, together with any defaced plates and the payment of the fee of $1 shall issue a new set of plates especially designed for that purpose. The commissioner shall then note on the records the issue of such new number plates and shall proceed in such manner as the commissioner may deem advisable to cancel and call in the original plates so as to insure against their use on another aircraft. Duplicate registration certificates plainly marked as duplicates may be issued in like cases upon the payment of a 25 cents fee.
Subd. 10. Certificate of insurance. Every owner of aircraft in this state when applying for registration, reregistration, or transfer of ownership shall supply any information the commissioner reasonably requires to determine that the aircraft during the period of its contemplated operation is covered by an insurance policy with limits of not less than $25,000 per passenger seat liability both for passenger bodily injury or death and for property damage; not less than $25,000 for bodily injury or death to each nonpassenger in any one accident; and not less than $50,000 per occurrence for bodily injury or death to nonpassengers in any one accident. The information shall include but is not limited to the name and address of the owner, the period of contemplated use or operation, if any, and, if insurance coverage is then presently required, the name of the insurer, the insurance policy number, the term of the coverage, policy limits, and any other data the commissioner requires. No certificate of registration shall be issued pursuant to subdivision 3 in the absence of the information required by this subdivision. In the event of cancellation of aircraft insurance by the insurer, the insurer shall notify the Department of Transportation at least ten days prior to the date on which the insurance coverage is to be terminated. Unless proof of a new policy of insurance is filed with the department meeting the requirements of this subdivision during the period of the aircraft's contemplated use or operation, the registration certificate for the aircraft shall be revoked forthwith. Provided, however, that nothing in this subdivision shall be construed to require an owner of aircraft to maintain passenger seat liability coverage on aircraft for which an experimental certificate has been issued by the administrator of the Federal Aviation Administration pursuant to Code of Federal Regulations, title 14, sections 21.191 to 21.195 and 91.42, whereunder persons operating the aircraft are prohibited from carrying passengers in the aircraft. Whenever the aircraft becomes certificated to carry passengers, passenger seat liability coverage shall be required as provided in this subdivision. The requirements of this subdivision shall not apply to any aircraft built by the original manufacturer prior to December 31, 1939 and owned and operated solely as a collector's item, if the owner files an affidavit with the commissioner. The affidavit shall state the owner's name and address, the name and address of the person from whom the aircraft was purchased, the make, year, and model number of the aircraft, the federal aircraft registration number, the manufacturer's identification number, and that the aircraft is owned and operated solely as a collector's item and not for general transportation purposes.
HIST: 1945 c 411 s 9; 1949 c 161 s 7-9; 1957 c 146 s 2; 1957 c 147 s 1,2; 1965 c 161 s 10,11; 1969 c 929 s 1; 1969 c 1077 s 1; 1976 c 166 s 7; 1976 c 241 s 3; 1977 c 365 s 3; 1978 c 501 s 1; 1986 c 444
Official Publication of the State of Minnesota
Revisor of Statutes