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2007 Minnesota Statutes

This is a historical version of this statute section. Also view the most recent published version.

65B.43 DEFINITIONS.
    Subdivision 1. Scope. The following words and phrases, shall, for the purpose of sections
65B.41 to 65B.71, have the meanings ascribed to them, except where the context clearly indicates
a different meaning.
    Subd. 2. Motor vehicle. "Motor vehicle" means every vehicle, other than a motorcycle or
other vehicle with fewer than four wheels, which (a) is required to be registered pursuant to
chapter 168, and (b) is designed to be self-propelled by an engine or motor for use primarily upon
public roads, highways or streets in the transportation of persons or property, and includes a trailer
with one or more wheels, when the trailer is connected to or being towed by a motor vehicle.
    Subd. 3. Maintenance or use of a motor vehicle. "Maintenance or use of a motor vehicle"
means maintenance or use of a motor vehicle as a vehicle, including, incident to its maintenance
or use as a vehicle, occupying, entering into, and alighting from it. Maintenance or use of a motor
vehicle does not include (1) conduct within the course of a business of repairing, servicing, or
otherwise maintaining motor vehicles unless the conduct occurs off the business premises, or
(2) conduct in the course of loading and unloading the vehicle unless the conduct occurs while
occupying, entering into or alighting from it.
    Subd. 4. Owner. "Owner" means a person, other than a lienholder or secured party, who
owns or holds legal title to a motor vehicle or is entitled to the use and possession of a motor
vehicle subject to a security interest held by another person. If a motor vehicle is the subject of
a lease having an initial term of six months or longer, the lessee shall be deemed the owner for
the purposes of sections 65B.41 to 65B.71, and 169.09, subdivision 5a, notwithstanding the fact
that the lessor retains title to the vehicle and notwithstanding the fact that the lessee may be
the owner for the purposes of chapter 168A.
    Subd. 5. Insured. "Insured" means an insured under a plan of reparation security as provided
by sections 65B.41 to 65B.71, including the named insured and the following persons not
identified by name as an insured while (a) residing in the same household with the named insured
and (b) not identified by name in any other contract for a plan of reparation security complying
with sections 65B.41 to 65B.71 as an insured:
(1) a spouse,
(2) other relative of a named insured, or
(3) a minor in the custody of a named insured or of a relative residing in the same household
with a named insured.
A person resides in the same household with the named insured if that person's home is
usually in the same family unit, even though temporarily living elsewhere.
    Subd. 6. Income. "Income" means salary, wages, tips, commissions, professional fees,
and other earnings from work or tangible things of economic value produced through work in
individually owned businesses, farms, ranches or other work.
    Subd. 7. Loss. "Loss" means economic detriment resulting from the accident causing the
injury, consisting only of medical expense, income loss, replacement services loss and, if the
injury causes death, funeral expense, survivor's economic loss and survivor's replacement services
loss. Noneconomic detriment is not loss; however, economic detriment is loss although caused by
pain and suffering or physical or mental impairment.
    Subd. 8. Noneconomic detriment. "Noneconomic detriment" means all dignitary losses
suffered by any person as a result of injury arising out of the ownership, maintenance, or use of a
motor vehicle including pain and suffering, loss of consortium, and inconvenience.
    Subd. 9. Reparation obligor. "Reparation obligor" means an insurer or self-insurer obligated
to provide the benefits required by sections 65B.41 to 65B.71, including natural persons, firms,
partnerships, associations, corporations, governmental units, trusts and syndicates.
    Subd. 10. Basic economic loss benefits. "Basic economic loss benefits" means benefits as
described in section 65B.44.
    Subd. 11. Injury. "Injury" means bodily harm to a person and death resulting from such harm.
    Subd. 12. Commercial vehicle. "Commercial vehicle" means:
(a) any motor vehicle used as a common carrier,
(b) any motor vehicle, other than a passenger vehicle defined in section 168.011, subdivision
7
, which has a curb weight in excess of 5,500 pounds apart from cargo capacity, or
(c) any motor vehicle while used in the for-hire transportation of property.
Commercial vehicle does not include a "commuter van," which for purposes of this chapter
shall mean a motor vehicle having a capacity of seven to 16 persons which is used principally
to provide prearranged transportation of persons to or from their place of employment or to or
from a transit stop authorized by a local transit authority which vehicle is to be operated by a
person who does not drive the vehicle as a principal occupation but is driving it only to or from
the principal place of employment, to or from a transit stop authorized by a local transit authority
or for personal use as permitted by the owner of the vehicle.
    Subd. 13. Motorcycle. "Motorcycle" means a self-propelled vehicle designed to travel on
fewer than four wheels which has an engine rated at greater than five horsepower, and includes (1)
a trailer with one or more wheels, when the trailer is connected to or being towed by a motorcycle;
and (2) a motorized bicycle as defined in section 169.01, subdivision 4a, but does not include an
electric-assisted bicycle as defined in section 169.01, subdivision 4b.
    Subd. 14. Commissioner. Except where otherwise indicated, "commissioner" means the
commissioner of commerce of the state of Minnesota.
    Subd. 15. Plan of reparation security. "Plan of reparation security" means a contract,
self-insurance, or other legal means under which there is an obligation to pay the benefits
described in section 65B.49.
    Subd. 16. Uninsured motor vehicle. "Uninsured motor vehicle" means a motor vehicle or
motorcycle for which a plan of reparation security meeting the requirements of sections 65B.41
to 65B.71 is not in effect.
    Subd. 17. Underinsured motor vehicle. "Underinsured motor vehicle" means a motor
vehicle or motorcycle to which a bodily injury liability policy applies at the time of the accident
but its limit for bodily injury liability is less than the amount needed to compensate the insured
for actual damages.
    Subd. 18. Uninsured motorist coverage. "Uninsured motorist coverage" means coverage
for the protection of persons insured under that coverage who are legally entitled to recover
damages for bodily injury from owners or operators of uninsured motor vehicles and hit-and-run
motor vehicles.
    Subd. 19. Underinsured motorist coverage. "Underinsured motorist coverage" means
coverage for the protection of persons insured under that coverage who are legally entitled to
recover damages for bodily injury from owners or operators of underinsured motor vehicles.
    Subd. 20. Political subdivision. "Political subdivision" means any statutory or home
rule charter city; county; town; school district; or metropolitan council, board or commission
operating under chapter 473.
History: 1974 c 408 s 3; 1975 c 18 s 1,2; 1976 c 233 s 6; 1978 c 674 s 57; 1979 c 190 s 1;
1983 c 289 s 114 subd 1; 1984 c 592 s 60-62; 1984 c 655 art 1 s 92; 1985 c 168 s 1-5; 1985 c 309
s 1-4; 1986 c 444; 1987 c 269 s 2; 1989 c 140 s 2; 1996 c 435 s 2; 2005 c 163 s 88

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