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2006 Minnesota Statutes

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

84.928 OPERATION REQUIREMENTS; LOCAL REGULATION.
    Subdivision 1. Operation on roads and rights-of-way; class 1 vehicles. (a) Unless
otherwise allowed in sections 84.92 to 84.929, a person shall not operate a class 1 all-terrain
vehicle in this state along or on the roadway, shoulder, or inside bank or slope of a public road
right-of-way of a trunk, county state-aid, or county highway other than in the ditch or the outside
bank or slope of a trunk, county state-aid, or county highway unless prohibited under paragraph
(b).
(b) A road authority as defined under section 160.02, subdivision 25, may after a public
hearing restrict the use of class 1 all-terrain vehicles in the ditch or outside bank or slope of a
public road right-of-way under its jurisdiction.
(c) The restrictions in paragraphs (a), (b), (g), (h), and (i) do not apply to the operation of a
class 1 all-terrain vehicle on the shoulder, inside bank or slope, ditch, or outside bank or slope of a
trunk, interstate, county state-aid, or county highway when the class 1 all-terrain vehicle is:
(1) owned by or operated under contract with a publicly or privately owned utility or pipeline
company; and
(2) used for work on utilities or pipelines.
(d) The commissioner may limit the use of a right-of-way for a period of time if the
commissioner determines that use of the right-of-way causes:
(1) degradation of vegetation on adjacent public property;
(2) siltation of waters of the state;
(3) impairment or enhancement to the act of taking game; or
(4) a threat to safety of the right-of-way users or to individuals on adjacent public property.
(e) The commissioner must notify the road authority as soon as it is known that a closure will
be ordered. The notice must state the reasons and duration of the closure.
(f) A person may operate a class 1 all-terrain vehicle registered for private use and used for
agricultural purposes or a class 2 all-terrain vehicle on a public road right-of-way of a trunk,
county state-aid, or county highway in this state if the class 1 or class 2 all-terrain vehicle is
operated on the extreme right-hand side of the road, and left turns may be made from any part of
the road if it is safe to do so under the prevailing conditions.
(g) A person shall not operate a class 1 all-terrain vehicle within the public road right-of-way
of a trunk, county state-aid, or county highway from April 1 to August 1 in the agricultural zone
unless the vehicle is being used exclusively as transportation to and from work on agricultural
lands. This paragraph does not apply to an agent or employee of a road authority, as defined in
section 160.02, subdivision 25, or the Department of Natural Resources when performing or
exercising official duties or powers.
(h) A person shall not operate a class 1 all-terrain vehicle within the public road right-of-way
of a trunk, county state-aid, or county highway between the hours of one-half hour after sunset to
one-half hour before sunrise, except on the right-hand side of the right-of-way and in the same
direction as the highway traffic on the nearest lane of the adjacent roadway.
(i) A person shall not operate a class 1 all-terrain vehicle at any time within the right-of-way
of an interstate highway or freeway within this state.
    Subd. 1a. Crossing a public road right-of-way. (a) An all-terrain vehicle may make a direct
crossing of a public road right-of-way provided:
(1) the crossing is made at an angle of approximately 90 degrees to the direction of the road
and at a place where no obstruction prevents a quick and safe crossing;
(2) the vehicle is brought to a complete stop before crossing the shoulder or main traveled
way of the road;
(3) the driver yields the right-of-way to all oncoming traffic that constitutes an immediate
hazard;
(4) in crossing a divided road, the crossing is made only at an intersection of the road with
another public road; and
(5) if the crossing is made between the hours of one-half hour after sunset to one-half hour
before sunrise or in conditions of reduced visibility, only if both front and rear lights are on.
(b) An all-terrain vehicle may be operated upon a bridge, other than a bridge that is part of
the main traveled lanes of an interstate highway, or roadway shoulder or inside bank of a public
road right-of-way when required for the purpose of avoiding obstructions to travel when no
other method of avoidance is possible; provided the all-terrain vehicle is operated in the extreme
right-hand lane, the entrance to the roadway is made within 100 feet of the bridge or obstacle,
and the crossing is made without undue delay.
(c) A person shall not operate an all-terrain vehicle upon a public street or highway unless the
vehicle is equipped with at least one headlight and one taillight, each of minimum candlepower
as prescribed by rules of the commissioner, and with brakes conforming to standards prescribed
by rule of the commissioner, and all of which are subject to the approval of the commissioner
of public safety.
(d) An all-terrain vehicle may be operated upon a public road right-of-way other than as
provided by paragraph (b) in an emergency during the period of time when and at locations where
the condition of the roadway renders travel by automobile impractical.
(e) Chapters 169 and 169A apply to the operation of all-terrain vehicles upon streets and
highways, except for those provisions relating to required equipment and except those provisions
which by their nature have no application.
(f) A sled, trailer, or other device being towed by an all-terrain vehicle must be equipped
with reflective materials as required by rule of the commissioner.
(g) A driver's license is not required to operate an all-terrain vehicle along or on a public
road right-of-way if the right-of-way encompasses a trail administered by the commissioner and
designated for all-terrain vehicle use or multiple use.
(h) A road authority as defined in section 160.02, subdivision 25, may by permit designate
corridor access trails on public road rights-of-way for purposes of accessing established all-terrain
vehicle trails. A driver's license is not required to operate an all-terrain vehicle on a designated
corridor access trail.
    Subd. 2. Operation generally. A person may not drive or operate an all-terrain vehicle:
(1) at a rate of speed greater than reasonable or proper under the surrounding circumstances;
(2) in a careless, reckless, or negligent manner so as to endanger or to cause injury or damage
to the person or property of another;
(3) without headlight and taillight lighted at all times if the vehicle is equipped with
headlight and taillight;
(4) without a functioning stoplight if so equipped;
(5) in a tree nursery or planting in a manner that damages or destroys growing stock;
(6) without a brake operational by either hand or foot;
(7) with more than one person on the vehicle, except as allowed under section 84.9257;
(8) at a speed exceeding ten miles per hour on the frozen surface of public waters within 100
feet of a person not on an all-terrain vehicle or within 100 feet of a fishing shelter;
(9) with a snorkel device that has a raised air intake six inches or more above the vehicle
manufacturer's original air intake, except within the Iron Range Off-Highway Vehicle Recreation
Area as described in section 85.013, subdivision 12a, or other public off-highway vehicle
recreation areas; or
(10) in a manner that violates operation rules adopted by the commissioner.
    Subd. 3.[Repealed, 1994 c 615 s 28]
    Subd. 4. Operation prohibited on airports. Except for employees and agents while acting
incident to the operation of the airport, it is unlawful for a person to drive or operate an all-terrain
vehicle on an airport defined in section 360.013, subdivision 39.
    Subd. 5. Organized contests, use of highways and public lands and waters. Nothing in
this section or chapter 169 prohibits the use of all-terrain vehicles within the right-of-way of a
state trunk or county state-aid highway or upon public lands or waters under the jurisdiction of the
commissioner of natural resources, in an organized contest or event, subject to the consent of the
official or board having jurisdiction over the highway or public lands or waters.
In permitting the contest or event, the official or board having jurisdiction may prescribe
restrictions or conditions as they may deem advisable.
    Subd. 6. Regulations by political subdivisions. (a) Notwithstanding any law to the contrary,
a city or town, acting through its governing body, may by resolution or ordinance prohibit the
operation of all-terrain vehicles on city streets or town roads in its jurisdiction provided the
regulations are otherwise consistent with sections 84.92 to 84.929.
(b) A county or city, or a town acting by its town board, may regulate the operation of
all-terrain vehicles on public lands, waters, and property under its jurisdiction other than public
road rights-of-way within its boundaries, by resolution or ordinance of the governing body and by
giving appropriate notice, provided:
(1) the regulations must be consistent with sections 84.92 to 84.929 and rules adopted under
section 84.924;
(2) an ordinance may not impose a fee for the use of public land or water under the
jurisdiction of either the Department of Natural Resources or other agency of the state, or for the
use of an access to it owned by the state or a county or a city; and
(3) an ordinance may not require an all-terrain vehicle operator to possess a motor vehicle
driver's license while operating an all-terrain vehicle.
(c) Notwithstanding any law to the contrary, a county board by ordinance may allow the
operation of all-terrain vehicles on the road right-of-way shoulder, or inside bank or slope of a
county highway or county state-aid highway, if:
(1) the highway is in the agricultural zone; or
(2) safe operation in the ditch or outside slope is impossible, and the county posts the
appropriate notice.
    Subd. 7.[Repealed, 1989 c 331 s 26]
    Subd. 8. Operation; class 2 vehicles. Except as provided in section 84.926, subdivision
4, operation of class 2 all-terrain vehicles on public lands is limited to forest roads, minimum
maintenance roads, and trails designated or signed for class 2 all-terrain vehicles.
History: 1984 c 647 s 7; 1986 c 452 s 15; 1987 c 149 art 2 s 2; 1987 c 368 s 5; 1989 c 331
s 17-19; 1994 c 635 art 2 s 1; 2000 c 478 art 2 s 7; 1Sp2001 c 2 s 83; 2003 c 128 art 1 s 33;
1Sp2005 c 1 art 2 s 46,47; 2006 c 281 art 2 s 7,8

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