Key: (1) language to be deleted (2) new language
Laws of Minnesota 1984 CHAPTER 549-S.F.No. 1520 An act relating to motor vehicles; defining terms; increasing certain gross vehicle weight tax to comply with international registration plan; authorizing repair and servicing permit for commercial zone trucks; providing time limitation for applying for quarterly registration of farm trucks; increasing certain fees; clarifying display and use of drive-away, in-transit plates; clarifying requirement to submit forms to registrar of motor vehicles; prohibiting transfer of certain plates; providing for transfer of amateur radio and citizen band plates; prescribing uniform fee for issuance of duplicate plates except for exempt vehicles; increasing minimum tax requirements for qualification for installment payments and prescribing a fee; increasing penalty fees for late installment payments; clarifying certain duties of deputy registrars relating to reports and deposits of taxes and fees; requiring payment of one month's registration tax before issuance of certificate of title; authorizing certain replacement bumpers; requiring protective headgear to comply with standards established by the commissioner of public safety; amending Minnesota Statutes 1982, sections 168.011, subdivisions 9 and 13; 168.013, subdivision 16; 168.018; 168.041, subdivision 6; 168.053, subdivision 1; 168.09, subdivisions 2 and 3; 168.10, subdivisions 1, 1a, 1b, 1c, and 1d; 168.101, subdivision 2; 168.12, subdivisions 1 and 2b; 168.27, subdivisions 2, 3, and 10; 168.29; 168.31, subdivisions 1 and 4; 168.33, subdivision 2; 168A.08; 169.01, subdivisions 10, 11, and 50; 169.59, subdivision 3; 169.743; Minnesota Statutes 1983 Supplement, sections 168.013, subdivision 1e; 168.12, subdivision 2; 169.73, subdivision 4; and 169.974, subdivisions 2 and 6; repealing Minnesota Statutes 1982, sections 168.27, subdivision 5; 168.31, subdivision 3; 169.672; 169.755; and Minnesota Statutes 1983 Supplement, section 168.46. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 1982, section 168.011, subdivision 9, is amended to read: Subd. 9. [BUS; INTERCITY BUS.] (a) "Bus" meansanyevery motor vehicle designedand usedforthecarryingofmore thaneight personsten passengers and used for transporting persons, and every motor vehicle, other than a taxicab, designed and used for transporting persons for compensation. The term "bus" does not include a vehicle designed for carrying more than ten passengers but not more than 14 passengers and operated for the personal or family use of the owner or operater. (b) "Intercity bus" means any bus operating as a common passenger carrier over regular routes and between fixed termini, but excluding all buses operating wholly within the limits of one city, or wholly within two or more contiguous cities, or between contiguous cities and a terminus outside the corporate limits of such cities, and not more than 20 miles distant measured along the fixed route from such corporate limits. Sec. 2. Minnesota Statutes 1982, section 168.011, subdivision 13, is amended to read: Subd. 13. [TRAILER.] "Trailer" means any vehicle designed for carrying property or passenger on its own structure and for being drawn by a motor vehicle but shall not include a trailer drawn by a truck-tractor semitrailer combination, or an auxiliary axle on a motor vehicle which carries a portion of the weight of the motor vehicle to which it is attached. Sec. 3. Minnesota Statutes 1983 Supplement, section 168.013, subdivision 1e, is amended to read: Subd. 1e. [TRUCKS; TRACTORS; COMBINATIONS; EXCEPTIONS.] On trucks and tractors except those in this chapter defined as farm trucks, and urban trucks, and on truck-tractor and semitrailer combinations except those defined as farm combinations and urban combinations and on commercial zone vehicles, the tax based on total gross weight shall be graduated according to the Minnesota base rate schedule prescribed in this subdivision, but in no event less than $120. Minnesota Base Rate Schedule Scheduled taxes include five percent surtax provided for in subdivision 14 TOTAL GROSS WEIGHT IN POUNDS TAX A 0 - 1,500 $ 15 B 1,501 - 3,000 20 C 3,001 - 4,500 25 D 4,501 - 6,000 35 E 6,001 - 9,000 45 F 9,001 - 12,000 70 G 12,001 - 15,000 105 H 15,001 - 18,000 145 I 18,001 - 21,000 190 J 21,001 -27,00026,000 270 K27,00126,001 - 33,000 360 L 33,001 - 39,000 470 M 39,001 - 45,000 590 N 45,001 - 51,000 710 O 51,001 - 57,000 860 P 57,001 - 63,000 1010 Q 63,001 - 69,000 1180 R 69,001 - 73,280 1320 S 73,281 - 78,000 1520 T 78,001 - 81,000 1620 For each vehicle with a gross weight in excess of 81,000 pounds an additional tax of $50 is imposed for each ton or fraction thereof in excess of 81,000 pounds, subject to subdivision 12. Truck-tractors except those herein defined as farm and urban truck-tractors and commercial zone vehicles shall be taxed in accord with the foregoing gross weight tax schedule on the basis of the combined gross weight of the truck-tractor and any semitrailer or semitrailers which the applicant proposes to combine with the truck-tractor. In addition, to the gross weight tax imposed on the truck-tractor, each semitrailer shall be taxed a fee of $10 for a one-year period or $50 for a five-year period whichever the applicant elects. Commercial zone trucks include only trucks, truck-tractors, and semitrailer combinations which are: (1) used by an authorized local cartage carrier operating under a permit issued under section 221.296 and whose gross transportation revenue consists of at least 60 percent obtained solely from local cartage carriage, and are operated solely within an area composed of two contiguous cities of the first class and municipalities contiguous thereto as defined by section 221.011, subdivision 17; or, (2) operated by an interstate carrier registered under section 221.61 or 221.62, or by an authorized local cartage carrier or other carrier receiving operating authority under chapter 221, and operated solely within a zone exempt from regulation by the interstate commerce commission pursuant to United States Code, title 49, section 10526(b). The license plates issued for commercial zone vehicles shall be plainly marked. A person operating a commercial zone vehicle outside the zone or area in which its operation is authorized is guilty of a misdemeanor and, in addition to the penalty therefor, shall have the registration of the vehicle as a commercial zone vehicle revoked by the registrar and shall be required to reregister the vehicle at 100 percent of the full annual tax prescribed in the Minnesota base rate schedule, and no part of this tax shall be refunded during the balance of the registration year. On commercial zone trucks the tax shall be based on the total gross weight of the vehicle and during the first eight years of vehicle life shall be 75 percent of the Minnesota base rate schedule. During the ninth and succeeding years of vehicle life the tax shall be 50 percent of the Minnesota base rate schedule, except as otherwise provided in this subdivision. On commercial zone trucks, during the ninth and succeeding years of vehicle life, the tax shall be: (a) for the 1982 registration year, 35 percent of the tax imposed in the Minnesota base rate schedule; (b) for the 1983 registration year, 40 percent of the tax imposed in the Minnesota base rate schedule; (c) for the 1984 registration year, 45 percent of the tax imposed in the Minnesota base rate schedule; (d) for the 1985 registration year, and each succeeding year, 50 percent of the tax imposed in the Minnesota base rate schedule. On trucks, truck-tractors and semitrailer combinations, except those defined as farm trucks and farm combinations, and except for those urban trucks and combinations and commercial zone vehicles specifically provided for in this subdivision, the tax for the first eight years of vehicle life shall be 100 percent of the tax imposed in the Minnesota base rate schedule, and during the ninth and succeeding years of vehicle life, the tax shall be 75 percent of the Minnesota base rate prescribed by this subdivision, except as otherwise provided in this subdivision. On trucks, truck-tractors and semitrailer combinations, except those defined as farm trucks and farm combinations, and except for those urban trucks and combinations and commercial zone vehicles specifically provided for in this subdivision, during each of the first eight years of vehicle life the tax shall be: (a) for the registration year 1982, 83 percent of the tax imposed in the Minnesota base rate schedule; (b) for the registration year 1983, 89 percent of the tax imposed in the Minnesota base rate schedule; (c) for the registration year 1984, 95 percent of the tax imposed in the Minnesota base rate schedule; (d) for the registration year 1985, and each succeeding year, 100 percent of the tax imposed in the Minnesota base rate schedule. Sec. 4. Minnesota Statutes 1982, section 168.013, subdivision 16, is amended to read: Subd. 16. [REPAIR AND SERVICING PERMIT.] Upon the written application of the owner of a motor vehicle registered and taxed as a commercial zone truck, an urban truck, a truck tractor, a semitrailer, or any combination thereof in accordance with this section, the registrar may grant permission in writing to such owner to operate such vehicle to and from a repair shop or service station outside of its licensed zone of operation for the limited purpose of repair or servicing. The application and any permit issued under this subdivision shall state the location of the repair or servicing facility, together with such other information and subject to such conditions as the registrar may specify. Any motor vehicle operated under such a permit shall carry no load. Sec. 5. Minnesota Statutes 1982, section 168.018, is amended to read: 168.018 [QUARTERLY REGISTRATION OF FARM TRUCKS.] The owner of any farm truck as defined in section 168.011, subdivision 17, may elect to register and license the farm truck only for one or more quarters of a registration year, at a tax of one-fourth of the annual tax on the vehicle plus $5 for each quarterly registration. The owner may not apply for quarterly registration or renewal until seven days before the selected quarter or concurrent quarters. The expiration date of a registration shall be displayed on the license plate in such a manner as the registrar shall direct. No farm truck registered on a quarterly basis shall be operated on the public streets and highways more than ten days beyond the end of the quarter for which it is registered unless the registration has been renewed for another quarter or for the remainder of the registration year. For purposes of this section registration quarters shall begin on March 1, June 1, September 1, and December 1. Sec. 6. Minnesota Statutes 1982, section 168.041, subdivision 6, is amended to read: Subd. 6. Any such violator or owner may apply to the registrar of motor vehicles for new registration plates which shall bear a special series number which may be readily identified by traffic law enforcement officers. A fee of$3$5 shall accompany the application. The registrar of motor vehicles shall forthwith notify the court of such application. The court may return the registration certificate of such violator or owner to the registrar of motor vehicles, together with its consent to the issuance of such registration plates to such violator or owner. Thereupon the registrar of motor vehicles shall issue such new registration plates. Until the drivers license of such violator is reinstated, any new registration plates issued to him or to an owner whose plates have been impounded shall bear a special series number. Sec. 7. Minnesota Statutes 1982, section 168.053, subdivision 1, is amended to read: Subdivision 1. Any person, firm, or corporation engaged in the business of transporting motor vehicles, not his own, by delivering, by drive-away or towing methods, either singly or by means of the full mount method, the saddle mount method, the tow-bar method, or any other combination thereof, and under their own power, vehicles over the highways of the state from the manufacturer or any other point of origin, to any point of destination, within or without the state, shall make application to the registrar for a drive-away in transit license. This application for annual license shall be accompanied by a registration fee of $250 and contain such information as the registrar may require. Upon the filing of the application and the payment of the fee, the registrar shall issue to each drive-away operator a general distinguishing number, which number must be carried and displayedby each motor vehicle inlike manner as is now provided by law for vehicles while beingoperated upon the public highwayson the power unit consistent with section 169.79 and such number shall remain on the vehiclefrom the manufacturer, or any point of origin, to any point ofdestinationwhile being operated withinor beyondthe state. Additional plates bearing the same distinguishing number desired by any drive-away operator may be secured from the registrar of motor vehicles upon the payment of a fee of $2 for each set of additional license plates. Any person, firm, or corporation engaging in the business as a drive-away operator, of transporting and delivering by means of full mount method, the saddle mount method, the tow-bar method, or any combination thereof, and under their own power, motor vehicles, who fails or refuses to file or cause to be filed an application, as is required by law, and to pay the fees therefor as the law requires, shall be found guilty of violating the provisions of sections 168.053 to 168.057; and, upon conviction, fined not less than $50, and not more than $100, and all costs of court. Each day so operating without securing the license and plates as required therein shall constitute a separate offense within the meaning thereof. Sec. 8. Minnesota Statutes 1982, section 168.09, subdivision 2, is amended to read: Subd. 2. When a motor vehicle registered in Minnesota, has during the calendar year for which it is so registered, been re-registered for the following year, the display on such motor vehicle of the plates issued for such motor vehicle on its re-registration for the following year shall on and after November 15 of the calendar year in which it was so re-registered constitute compliance with subdivision 1 requiring display of plates except as provided insubdivisionsubdivisions 3 and 4. Sec. 9. Minnesota Statutes 1982, section 168.09, subdivision 3, is amended to read: Subd. 3. Plates or other insignia issued for a motor vehicle registered under the provisions of section 168.187 for a calendar year shall be displayed on the motor vehicle not later than 12:01 a.m. on March 2 of the year unless extended by the registrar for the period of time required for the issuance of the new plates or insignia. Plates or other insignia issued for a self-propelled motor vehicle registered for over 27,000 pounds except a motor vehicle registered under the provision of sections 168.017 and 168.187 shall be displayed on the vehicle not later than 12:01 a.m. on March 2 of the year, nor earlier than 12:01 a.m. on February 15 of the year, unless otherwise extended by the registrar for the period of time required for the issuance of the new plates or insignia. Plates or other insignia issued for a self-propelled vehicle registered for 27,000 pounds or less and all other motor vehicles except those registered under the provisions of section 168.017 or 168.187 shall be displayed not later than 12:01 a.m. on March 2 of the year, and not earlier thanNovember 15January 1 of theprecedingyear unless otherwise extended by the registrar for the period of time required for the issuance of the new plates or insignia. The commissioner of public safety shall register all motor vehicles with the exception of those registered under sections 168.017 or 168.187 for a period of 14 months for the registration year 1978 to implement the provisions of this subdivision. The registration year for all vehicles as provided in this section shall be from March 1 to the last day of February for 1979 and succeeding years. Sec. 10. Minnesota Statutes 1982, section 168.10, subdivision 1, is amended to read: Subdivision 1. [APPLICATION.] Except as provided in subdivisions 1a, 1b, 1c, 1d and 1g, every owner of any motor vehicle in this state, not exempted by section 168.012 or 168.26, shall as soon as ownership of a motor vehicle is acquired and annually thereafter during the periodNovember 15to March 1 following, both dates inclusiveprovided in section 168.31, file with the commissioner of public safety on a blank provided by him a listing for taxation and application for the registration of such vehicle, stating the first, middle and last names, the dates of birth, and addresses of all owners thereof who are natural persons, the full names and addresses of all other owners, the name and address of the person from whom purchased, make of motor vehicle, year and number of the model, manufacturer's identification number or serial number, type of body, the weight of the vehicle in pounds, for trailers only, its rated load carrying capacity and for buses only, its seating capacity, and such other information as the commissioner may require. Any false statement wilfully and knowingly made in regard thereto shall be deemed perjury and punished accordingly. The listing and application for registration by dealers or manufacturers' agents within the state, of motor vehicles received for sale or use within the state shall be accepted as compliance with the requirements of this chapter, imposed upon the manufacturer. Registration shall be refused a motor vehicle if the original identification or serial number has been destroyed, removed, altered, covered or defaced. However, if the commissioner is satisfied on the sworn statements of the owner or owners or such other persons as he may deem advisable that the applicant is the legal owner, a special identification number in the form prescribed by the commissioner shall be assigned to the motor vehicle. When it has been determined that the number had been affixed to such vehicle in a manner prescribed by the commissioner, the vehicle may thereafter be registered in the same manner as other motor vehicles. In the case of a new or rebuilt motor vehicle manufactured or assembled without an identification or serial number, the commissioner may assign an identification number to the motor vehicle in the same manner as prescribed heretofore. Sec. 11. Minnesota Statutes 1982, section 168.10, subdivision 1a, is amended to read: Subd. 1a. [COLLECTOR'S VEHICLES, PIONEER LICENSE.] Any motor vehicle manufactured prior to 1936 and owned and operated solely as a collector's item shall be listed for taxation and registration as follows: An affidavit shall be executed stating the name and address of the owner, the name and address of the person from whom purchased, the make of the motor vehicle, year and number of the model, the manufacturer's identification number and that the vehicle is owned and operated solely as a collector's item and not for general transportation purposes. If the registrar is satisfied that the affidavit is true and correct and the owner pays a$6$25 tax, the registrar shall list such vehicle for taxation and registration and shall issue number plates. The number plates so issued shall bear the inscription "Pioneer," "Minnesota" and the registration number but no date. The number plates are valid without renewal as long as the vehicle is in existence and shall be issued for the applicant's use only for such vehicle. The registrar has the power to revoke said plates for failure to comply with this subdivision.In the event of the defacement, loss or destruction of suchnumber plates, the registrar, upon receiving and filing a swornstatement of the vehicle owner, setting forth the circumstances,together with any defaced plates and the payment of a $2 fee,shall issue duplicate plates specially designed for thatpurpose. The registrar shall then note on his records the issueof such new number plates and shall proceed in such manner as hemay deem advisable to cancel and call in the original plates.Sec. 12. Minnesota Statutes 1982, section 168.10, subdivision 1b, is amended to read: Subd. 1b. [COLLECTOR'S VEHICLE, CLASSIC CAR LICENSE.] Any motor vehicle manufactured between and including the years 1925 and 1948, and designated by the registrar of motor vehicles as a classic car because of its fine design, high engineering standards, and superior workmanship, and owned and operated solely as a collector's item shall be listed for taxation and registration as follows: An affidavit shall be executed stating the name and address of the owner, the name and address of the person from whom purchased, the make of the motor vehicle, year and number of the model, the manufacturer's identification number and that the vehicle is owned and operated solely as a collector's item and not for general transportation purposes. If the registrar is satisfied that the affidavit is true and correct and that the motor vehicle qualifies to be classified as a classic car, and the owner pays a$6$25 tax, the registrar shall list such vehicle for taxation and registration and shall issue number plates. The number plates so issued shall bear the inscription "Classic Car," "Minnesota," and the registration number but no date. The number plates are valid without renewal as long as the vehicle is in existence and shall be issued for the applicant's use only for such vehicle. The registrar has the power to revoke said plates for failure to comply with this subdivision.In the event of the defacement, loss or destruction of suchnumber plates, the registrar, upon receiving and filing a swornstatement of the vehicle owner, setting forth the circumstances,together with any defaced plates and the payment of a $2 fee,shall issue duplicate plates specially designed for thatpurpose. The registrar shall then note on his records the issueof such new number plates and shall proceed in such manner as hemay deem advisable to cancel and call in the original plates.The following cars built between and including 1925 and 1948 are classic: A.C. Adler Alfa Romeo Alvis Speed 20, 25, and 4.3 litre. Amilcar Aston Martin Auburn All 8-cylinder and 12-cylinder models. Audi Austro-Daimler Avions Voisin 12 Bentley Blackhawk B.M.W. Models 327, 328, and 335 only. Brewster (Heart-front Ford) Bugatti Buick 1931 through 1942: series 90 only. Cadillac All 1925 through 1935. 1936-1948: Series 67, 70, 72, 75, 80, 85 and 90 only. 1938-1941: 60 special only. Chrysler 1926 through 1930: Imperial 80. 1931: Imperial 8 Series CG. 1932: Series CG, CH and CL. 1933: Series CL. 1934: Series CW. 1935: Series CW. All Newports and Thunderbolts. Cord Cunningham Dagmar Model 25-70 only. Daimler Delage Delahaye Doble Dorris Duesenberg du Pont Franklin All models except 1933-34 Olympic Sixes. Frazer Nash Hispano Suiza Horch Hotchkiss Invicta Isotta Fraschini Jaguar Jordan Speedway Series 'Z' only. Kissel 1925, 1926 and 1927: Model 8-75. 1928: Model 8-90, and 8-90 White Eagle. 1929: Model 8-126, and 8-90 White Eagle. 1930: Model 8-126. 1931: Model 8-126. Lagonda Lancia La Salle 1927 through 1933 only. Lincoln All models K, L, KA, and KB. 1941: Model 168H. 1942: Model 268H. Lincoln Continental 1939 through 1948. Locomobile All models 48 and 90. 1927: Model 8-80. 1928: Model 8-80. 1929: Models 8-80 and 8-88. Marmon All 16-cylinder models. 1925: Model 74. 1926: Model 74. 1927: Model 75. 1928: Model E75. 1930: Big 8 model. 1931: Model 88, and Big 8. Maybach McFarlan Mercedes Benz All models 2.2 litres and up. Mercer M.G. 6-cylinder models only. Minerva Packard 1925 through 1934: All models. 1935 through 1942: Models 1200, 1201, 1202, 1203, 1204, 1205, 1207, 1208, 1400, 1401, 1402, 1403, 1404, 1405, 1407, 1408, 1500, 1501, 1502, 1506, 1507, 1508, 1603, 1604, 1605, 1607, 1608, 1705, 1707, 1708, 1806, 1807, 1808, 1906, 1907, 1908, 2006, 2007, and 2008 only. 1946 and 1947: Models 2106 and 2126 only. Peerless 1926 through 1928: Series 69. 1930-1931: Custom 8. 1932: Deluxe Custom 8. Pierce Arrow Railton Renault Grand Sport model only. Reo 1930-1931: Royale Custom 8, and Series 8-35 and 8-52 Elite 8. 1933: Royale Custom 8. Revere Roamer 1925: Series 8-88, 6-54e, and 4-75. 1926: Series 4-75e, and 8-88. 1927-1928: Series 8-88. 1929: Series 8-88, and 8-125. 1930: Series 8-125. Rohr Rolls Royce Ruxton Salmson Squire Stearns Knight Stevens Duryea Steyr Stutz Sunbeam Talbot Vauxhall Series 30-98 only. Wills Saint Claire No commercial vehicles such as hearses, ambulances, or trucks are considered to be classic cars. Sec. 13. Minnesota Statutes 1982, section 168.10, subdivision 1c, is amended to read: Subd. 1c. [COLLECTOR'S VEHICLE, COLLECTOR LICENSE.] Any motor vehicle, including any truck, that is at least 20 model years old and manufactured after 1935, or any motor vehicle of a defunct make defined as any car or truck originally licensed as a separate identifiable make as designated by the division of motor vehicles, and owned and operated solely as a collector's vehicle, shall be listed for taxation and registration as follows: An affidavit shall be executed stating the name and address of the person from whom purchased and of the new owner, the make of the motor vehicle, year and number of the model, the manufacturer's identification number and that the vehicle is owned and operated solely as a collector's item and not for general transportation purposes. The owner must also prove that he or she also has one or more vehicles with regular license plates. If the registrar is satisfied that the affidavit is true and correct and the owner pays a$20$25 tax, the registrar shall list the vehicle for taxation and registration and shall issue number plates. The number plates issued shall bear the inscription "Collector," "Minnesota" and the registration number, but no date. The number plates are valid without renewal as long as the vehicle is in existence and shall be issued for the applicant's use only for the vehicle. The registrar has the power to revoke the plates for failure to comply with this subdivision.In the event of the defacement, loss or destruction of thenumber plates, the registrar, upon receiving and filing a swornstatement of the vehicle owner, setting forth the circumstances,together with any defaced plates and the payment of a $2 fee,shall issue duplicate plates specially designed for thatpurpose. The registrar shall then note on his records the issueof the new number plates and shall proceed in the manner as hemay deem advisable to cancel and call in the original plates.Sec. 14. Minnesota Statutes 1982, section 168.10, subdivision 1d, is amended to read: Subd. 1d. [COLLECTORS VEHICLES, STREET ROD LICENSE.] Any modernized motor vehicle manufactured prior to the year 1949 or designed and manufactured to resemble such vehicle shall be listed for taxation and registration as follows: An affidavit shall be executed stating the name and address of the person from whom purchased and of the new owner, the make of the motor vehicle, year number of model, and the manufacturer's identification number. The affidavit shall further state that the vehicle is owned and operated solely as a street rod and not for general transportation purposes. The owner must also prove that he or she has one or more vehicles with regular license plates. If the registrar is satisfied that the affidavit is true and correct and the owner pays a $25 tax, the registrar shall list such vehicle for taxation and registration and shall issue number plates. The number plates issued shall bear the inscription "Street Rod", "Minnesota" and the registration number but no date. The number plates are valid without renewal as long as the vehicle is in existence and shall be issued for the applicant's use only for such vehicle. The registrar has the power to revoke such plates for failure to comply with this subdivision.In the event of the defacement, loss or destruction of suchnumber plates, the registrar, upon receiving and filing a swornstatement of the vehicle's owner, setting forth thecircumstances, together with any defaced plates and the paymentof a $5 fee, shall issue duplicate plates specially designed forthat purpose. The registrar shall then note on his records theissue of such new number plates and shall proceed in such amanner as he may deem advisable to cancel and call in theoriginal plates.Sec. 15. Minnesota Statutes 1982, section 168.101, subdivision 2, is amended to read: Subd. 2. Any person who knowingly sells or in any manner knowingly transfers title of a passenger automobile or truck to a person who is prohibited from owning a passenger automobile or truck under the provisions of subdivision 1 shall be guilty of a misdemeanor. Any person who knowingly fails to mail in the application for registration or transfer to the registrar of motor vehicles or otherwisesubmitsfails to submit said forms to him within 14 days following date of sale shall be guilty of a misdemeanor. Sec. 16. Minnesota Statutes 1982, section 168.12, subdivision 1, is amended to read: Subdivision 1. [NUMBER PLATES; VISIBILITY, PERIODS OF ISSUANCE.] The registrar, upon the approval and payment, shall issue to the applicant the number plates required by law, bearingan abbreviation ofthe state name and the number assigned. The number assigned may be a combination of a letter or sign with figures. The color of the plates and the color of the abbreviation of the state name and the number assigned shall be in marked contrast. The plates shall be lettered, spaced, or distinguished to suitably indicate the registration of the vehicle according to the rules of the registrar, and when a vehicle is registered on the basis of total gross weight, the plates issued shall clearly indicate by letters or other suitable insignia the maximum gross weight for which the tax has been paid. These number plates shall be so treated as to be at least 100 times brighter than the conventional painted number plates. When properly mounted on an unlighted vehicle, these number plates, when viewed from a vehicle equipped with standard headlights, shall be visible for a distance of not less than 1,500 feet and readable for a distance of not less than 110 feet. The registrar shall issue these number plates for the following periods: (1) Number plates issued pursuant to sections 168.27, subdivisions 16 and 17, and 168.053 shall be for a one year period; (2) New number plates issued pursuant to section 168.012, subdivision 1, shall be issued to a vehicle for as long as it is owned by the exempt agency and shall not be transferable from one vehicle to another but may be transferred with the vehicle from one tax exempt agency to another; (3) Plates issued for passenger automobiles as defined in section 168.011, subdivision 7, shall be issued for the life of the vehicle; and (4) Plates for any vehicle not specified in clauses (1), (2) and (3), except for trailers as hereafter provided, shall be issued for the life of the vehicle. Beginning with number plates issued for the year 1981, plates issued for trailers with a total gross weight of 3,000 pounds or less shall be issued for the life of the trailer and shall be not more than seven inches in length and four inches in width. The registrar shall issue for each registration a tab or sticker to designate the year of registration. This tab or sticker shall show the calendar year or years for which issued, and is valid only for that period.Unless the motor vehicle forwhich aThe numberplateplates, number, tabtabs, orsticker isstickers issued, is permanently lost, is destroyed,or is removed from the state, no number plate, number, tab, orstickerfor a motor vehicle may not be transferred to another motor vehicle during the period for which it is issued. Notwithstanding any other provision of this subdivision, number plates issued to a vehicle which is used for behind-the-wheel instruction in a driver education course in a public school may be transferred to another vehicle used for the same purpose without payment of any additional fee. The registrar shall be notified of each transfer of number plates under this paragraph, and may prescribe a form for notification. Sec. 17. Minnesota Statutes 1983 Supplement, section 168.12, subdivision 2, is amended to read: Subd. 2. [AMATEUR RADIO STATION LICENSEE; SPECIAL LICENSE PLATES.] Any applicant who is an owner or joint owner of a passenger automobile, van or pickup truck, or a self-propelled recreational vehicle, and a resident of this state, and who holds an official amateur radio station license, or a citizens radio service class D license, in good standing, issued by the Federal Communications Commission shall upon compliance with all laws of this state relating to registration and the licensing of motor vehicles and drivers, be furnished with license plates for the motor vehicle, as prescribed by law, upon which, in lieu of the numbers required for identification under subdivision 1, shall be inscribed the official amateur call letters of the applicant, as assigned by the Federal Communications Commission. The applicant shall pay in addition to the registration tax required by law, the sum of $10 for the special license plates, and at the time of delivery of the special license plates the applicant shall surrender to the registrar the current license plates issued for the motor vehicle. This provision for the issue of special license plates shall apply only if the applicant's vehicle is already registered in Minnesota so that the applicant has valid regular Minnesota plates issued for that vehicle under which to operate it during the time that it will take to have the necessary special license plates made. If the applicant owns or jointly owns more than one motor vehicle of the type specified in this subdivision he may apply for special plates for each of not more than two vehicles, and, if each application complies with this subdivision, the registrar shall furnish the applicant with the special plates, inscribed with the official amateur call letters and other distinguishing information as the registrar considers necessary, for each of the two vehicles. And the registrar may make reasonable regulations governing the use of the special license plates as will assure the full compliance by the owner and holder of the special plates, with all existing laws governing the registration of motor vehicles, the transfer and the use thereof.When the ownership of a motor vehicle forwhich special license plates have been furnished by theregistrar, changes from one person to another, the speciallicense plates herein authorized shall be promptly removed fromthe motor vehicle by the seller and returned to the registrar,at which time the seller or the buyer of the motor vehicle shallbe entitled to receive license plates for the motor vehicle asprovided in section 168.15.Despite any contrary provision of subdivision 1, the special license plates issued under this subdivision may be transferred to another motor vehicle upon the payment of a fee of $5. The fee must be paid into the state treasury and credited to the highway user tax distribution fund. The registrar must be notified of the transfer and may prescribe a form for the notification. Sec. 18. Minnesota Statutes 1982, section 168.12, subdivision 2b, is amended to read: Subd. 2b. [FIREFIGHTERS; SPECIAL LICENSE PLATE.] The registrar shall issue special license plates to any applicant who is both a member of a fire department receiving state aid under chapter 69 and an owner or joint owner of a passenger automobile, station wagon, van, or pickupwith a gross weight of9,000 pounds or lesstruck, upon payment of a fee of $10 and upon payment of the registration tax required by law for the vehicle and compliance with other laws of this state relating to registration and licensing of motor vehicles and drivers. In lieu of the identification required under subdivision 1, the special license plates shall be inscribed with a symbol of a Maltese Cross together with five numbers. No applicant shall receive more than two sets of plates for vehicles owned or jointly owned by the applicant. Special plates issued under this subdivision may only be used during the period that the owner or joint owner of the vehicle is a member of a fire department as specified in this subdivision. When the person to whom the special plates were issued is no longer a member of a fire department or when the vehicle ownership is transferred, the special license plates shall be removed from the vehicle and returned to the registrar. Upon return of the special plates, the owner or purchaser of the vehicle is entitled to receive regular plates for the vehicle without cost for the remainder of the registration period for which the special plates were issued. Firefighter license plates issued pursuant to this subdivision may be transferred to another motor vehicle upon payment of $5, which fee shall be paid into the state treasury and credited to the highway user tax distribution fund. The commissioner of public safety may adopt rules under the administrative procedure act, sections 14.01 to 14.70, to govern the issuance and use of the special plates authorized in this subdivision. All fees from the sale of special license plates for firefighters shall be paid into the state treasury and credited to the highway user tax distribution fund. Sec. 19. Minnesota Statutes 1982, section 168.27, subdivision 2, is amended to read: Subd. 2. [NEW MOTOR VEHICLE DEALER.] No person shall engage in the business of selling or arranging the sale of new motor vehicles or shall offer to sell, solicit, arrange, or advertise the sale of new motor vehicles without first acquiring a new motor vehicle dealer license. A new motor vehicle dealer licensee shall be entitled thereunder to sell, broker, wholesale or auction and to solicit and advertise the sale, broker, wholesale or auction of new motor vehicles covered by his franchise and any used motor vehicles or to lease and to solicit and advertise the lease of new motor vehicles and any used motor vehicles and such sales or leases may be either for consumer use at retail or for resale to a dealer. Nothing herein shall be construed to require an applicant for a dealer license who proposes to deal in new and unused motor vehicle bodies to have a bona fide contract or franchise in effect with the manufacturer or distributor of any motor vehicle chassis upon which the new and unused motor vehicle body is mounted. Sec. 20. Minnesota Statutes 1982, section 168.27, subdivision 3, is amended to read: Subd. 3. [USED MOTOR VEHICLE DEALER.] No person shall engage in the business of selling or arranging the sale of used motor vehicles or shall offer to sell, solicit, arrange, or advertise the sale of used motor vehicles without first acquiring a used motor vehicle dealer license. A used motor vehicle dealer licensee shall be entitled thereunder to sell, lease, broker, wholesale or auction and to solicit and advertise the sale, lease, broker, wholesale or auction of any used motor vehicles for consumer use at retail or for resale to a dealer. Sec. 21. Minnesota Statutes 1982, section 168.29, is amended to read: 168.29 [DUPLICATE PLATES.] In the event of the defacement, loss or destruction of any number plates, the registrar, upon receiving and filing a sworn statement of the vehicle 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$3$5 shall issue a new set of plates, provided that if the$3$5 fee exceeds the annual tax, the fee shall be the same as the annual tax. Duplicate plates for tax-exempt vehicles licensed under section 168.012, subdivision 1, are furnished by the registrar at cost. The registrar shall then note on his records the issue of such new number plates and shall proceed in such manner as he may deem advisable to cancel and call in the original plates so as to insure against their use on another motor vehicle. Duplicate registration certificates plainly marked as duplicates may be issued in like cases upon the payment of a50 cent$1 fee. Sec. 22. Minnesota Statutes 1982, section 168.31, subdivision 1, is amended to read: Subdivision 1. [TIME PAYABLE.] The tax required under this chapter to be paid upon a motor vehicle for each calendar year becomes due when the vehicle first uses the public streets or highways in the state, and upon January 1 each year thereafter, except those vehicles which are taxed under section 168.017 and vehicles registered under 168.09, subdivision 3. Taxes due upon January 1 become payable upon November 15 preceding the calendar year for which they are assessedexcept those upon motorvehicles which shall first use the public streets and highwaysof this state between November 15 and the next followingDecember 31. The tax required to register vehicles for the registration year March 1 to the last day of February is due on March 1 and payableNovember 15January 1 preceding.The taxthat becomes due January 1 next following upon those motorvehicles becomes payable at the time the tax for the currentyear becomes payable. Taxes due upon January 1 becomedelinquent after January 10 unless paid. Taxes due when thevehicle first uses the public streets or highways in the stateshall become delinquent upon the expiration of seven days afterthe tax became due unless paid.The tax required to register vehicles under the provisions of section 168.017 is due the first day of the month commencing the 12 month registration period and payable during the 45 days preceding the due date. Nothing in this section shall preclude prepayment. Sec. 23. Minnesota Statutes 1982, section 168.31, subdivision 4, is amended to read: Subd. 4. [INSTALLMENTS.] If the tax for a vehicle assessed under section 168.013 or 168.187 amounts to more than$300$400, the owner may pay such tax by installments. The owner shall tender with his application for registration one-third of the annual tax due or$300$400, whichever is greater, plus any penalties or arrears. The remainder of the tax due shall be paid in two equal installments; the due date of the first installment shall be the first day of the fifth month of the registration period for which the tax is assessed and the second installment shall be due on the first day of the ninth month of the registration period for which the tax is assessed. The registrar shall issue no registration certificate until the full amount of the tax has been paid. In lieu of such registration certificate, the registrar shall issue to the owner a receipt for installments paid, which receipt shall be displayed upon the windshield of the vehicle as evidence that under the provisions of this section the vehicle may be operated on the streets and highways of this state. If an owner of a vehicle fails to pay an installmentwithin seven days afteron or before the due date thereof, the vehicle shall not use the public streets or highways in this state until the installment or installments of the tax remaining due on such vehicle shall have been paid in full for the licensed year together withpenalties ashereinafter provided. If the balance of the tax due on thevehicle is not paid within seven days after the due datethereof, the owner, in addition to the balance of the tax, shallpaya penalty at the rate offifty cents$1 per day for the remainder of the month in which the balance of the tax becomes due and$2$4 a month for each succeeding month or fraction thereofinduring which the balance of the tax remains unpaid. Upon the payment of the balance of the tax and the penalties, the registrar shall issue a registration certificate to the owner of the vehicle in the manner provided by law. The registrar shall deny installment payment privileges provided in this subdivision in the subsequent year to any owner on any or all vehicles of such owner who during the current year fails to pay any installment due within one month after the due date. Sec. 24. Minnesota Statutes 1982, section 168.33, subdivision 2, is amended to read: Subd. 2. [POWERS.] The registrar shall have the power to appoint, hire and discharge and fix the compensation of the necessary employees, in the manner provided by law, as may be required to enable him to properly carry out the duties imposed upon him by the provisions of this chapter. As of April 14, 1976, the registrar may appoint, and for cause discontinue, a deputy registrar for any city as the public interest and convenience may require, without regard to whether the county auditor of the county in which the city is situated has been appointed as the deputy registrar for the county or has been discontinued as the deputy registrar for the county, and without regard to whether the county in which the city is situated has established a county license bureau which issues motor vehicle licenses as provided in section 373.32. Effective August 1, 1976, the registrar may appoint, and for cause discontinue, a deputy registrar for any city as the public interest and convenience may require, if the auditor for the county in which the city is situated chooses not to accept appointment as the deputy registrar for the county or is discontinued as a deputy registrar, or if the county in which the city is situated has not established a county license bureau which issues motor vehicle license as provided in section 373.32. Any person appointed by the registrar as a deputy registrar for any city shall be a resident of the county in which the city is situated. The registrar may appoint, and for cause discontinue, the county auditor of each county as a deputy registrar. The auditor, with the approval of the director of motor vehicles, may appoint, and for cause discontinue, the clerk or equivalent officer of each city or any other person as a deputy registrar as public interest and convenience may require, regardless of his county of residence. Notwithstanding any other provision, a person other than a county auditor or a director of a county license bureau, who was appointed by the registrar before August 1, 1976, as a deputy registrar for any city, may continue to serve as deputy registrar and may be discontinued for cause only by the registrar. The county auditor shall be responsible for the acts of deputy registrars appointed by him. Each such deputy, before entering upon the discharge of his duties, shall take and subscribe an oath to faithfully discharge his duties and to uphold the laws of the state. If a deputy registrar appointed hereunder is not an officer or employee of a county or city, such deputy shall in addition give bond to the state in the sum of $10,000, or such larger sum as may be required by the registrar, conditioned upon the faithful discharge of his duties as deputy registrar. Each deputy registrar appointed hereunder shall keep and maintain, in a convenient public place within the place for which he is appointed, a registration and motor vehicle tax collection bureau, to be approved by the registrar, for the registration of motor vehicles and the collection of motor vehicle taxes thereon. He shall keep such records and make such reports to the registrar as that officer, from time to time, may require. Such records shall be maintained at the facility of the deputy registrar. The records and facilities of the deputy registrar shall at all times be open to the inspection of the registrar or his agents. He shall reportdailyto the registrar by the next working day following receipt all registrations made and taxes and fees collected by him. The filing fee imposed pursuant to subdivision 7 shall be deposited in the treasury of the place for which he is appointed, or if such deputy is not a public official, he shall retain the filing fee, but the registration tax and any additional fees for delayed registration he has collected he shall depositeach dayby the next working day following receipt in an approved state depository to the credit of the state through the state treasurer. The place for which the deputy registrar is appointed through its governing body shall provide the deputy registrar with facilities and personnel to carry out the duties imposed by this subdivision if such deputy is a public official. In all other cases, the deputy shall maintain a suitable facility for serving the public. Sec. 25. Minnesota Statutes 1982, section 168A.08, is amended to read: 168A.08 [GROUNDS FOR REFUSAL TO ISSUE CERTIFICATE.] The department shall refuse issuance of a certificate of title if any required fee is not paid or ifit has reasonablegrounds to believe that: (1) the department has reasonable grounds to believe that the applicant is not the owner of the vehicle; (2) the department has reasonable grounds to believe that the application contains a false or fraudulent statement;or if(3) the applicant fails to furnish required information or documents or any additional information the department reasonably requires; or (4) the applicant has not paid at least one month's registration tax or registered the vehicle under section 168.187. Sec. 26. Minnesota Statutes 1982, section 169.01, subdivision 10, is amended to read: Subd. 10. [TRAILER.] "Trailer" meanseveryany vehiclewithout motive powerdesigned for carryingpersons orproperty or passengers on its own structure and for being drawn by a motor vehicleand so constructed that no part of its weightrests upon the towing vehiclebut does not include a trailer drawn by a truck-tractor semitrailer combination or an auxiliary axle on a motor vehicle which carries a portion of the weight of the motor vehicle to which it is attached. Sec. 27. Minnesota Statutes 1982, section 169.01, subdivision 11, is amended to read: Subd. 11. [SEMITRAILER.] "Semitrailer" meanseverya vehiclewithout motive powerof the trailer type so designedforcarrying persons or property and for being drawn by a motorvehicle and so constructed that someand used in conjunction with a truck-tractor that a considerable part of its own weightandor that of its load rests uponorand is carried byanother vehiclethe truck-tractor and includes a trailer drawn by a truck-tractor semitrailer combination. Sec. 28. Minnesota Statutes 1982, section 169.01, subdivision 50, is amended to read: Subd. 50. [BUS.] "Bus" means every motor vehicle designed for carrying more than ten passengers and used for the transportation of persons, and every motor vehicle other than a taxicab designed and used for the transportation of persons for compensation. The term "bus" does not include a vehicle designed for carrying more than ten passengers but not more than 14 passengers and operated for the personal or family use of the owner or operator. Sec. 29. Minnesota Statutes 1983 Supplement, section 169.73, subdivision 4, is amended to read: Subd. 4. [MAXIMUM BUMPER HEIGHT.] Notwithstanding the restrictions contained in subdivision 3, bumpers required under this section shall not exceed a height of 20 inches on any passenger automobile or station wagon or 25 inches on any four-wheel drive multipurpose type vehicle or truck having a manufacturer's rated capacity of 2,000 pounds or less when the vehicle is being operated on a public highway. The height of the bumper shall be determined by measuring from the bottom of the bumper, excluding any vertical bumper attachments, to the ground. A vehicle which has an original bumper which does not exceed a height of 30 inches may be modified by attaching a full width bumper to the regular bumper to meet the height requirement. The attached bumper must be at least 4.5 inches in vertical height, be centered on the vehicle's centerline, extend at least ten inches on either side of the frame, and be attached to the frame in at least four places with angle braces at no less than 45 degrees so that it effectively transfers impact to an extent equal to or greater than the original bumper. Competent evidence that a vehicle was originally manufactured with bumpers higher than prescribed in this subdivision shall be an affirmative defense in any action under this section. Sec. 30. Minnesota Statutes 1982, section 169.59, subdivision 3, is amended to read: Subd. 3. [BACK-UP LIGHTS.] Any vehicle may be equipped with not more than two back-up lamps, either separately or in combination with another lamp, and not more than two rear cornering lamps, except thatno such back-up lamp shallthe lamps must not be continuously lighted when the vehicle is in forward motion, nor shall it project a glaring light. Sec. 31. Minnesota Statutes 1982, section 169.743, is amended to read: 169.743 [BUG DEFLECTORS.] Bug deflectors shall be permitted but not required on motor vehicles. No bug deflector shall be sold, offered for sale, or used which is composed of other than non-illuminated material. No person shall operate any motor vehicle equipped with a bug deflector of nontransparent material having more than one inch of material extending above the highest part of the front of the hood, excluding any decorative ornament, and no person shall operate any motor vehicle equipped with a bug deflector of transparent material having more than three inches of material extending above the highest part of the front of the hood, excluding any decorative ornament; provided that trucks and truck tractors of 12,000 pounds gross vehicle weight or larger may be operated with a clear, uncolored bug deflector extending no more than six inches above the highest part of the front of the hood, excluding any decorative ornament. Sec. 32. Minnesota Statutes 1983 Supplement, section 169.974, subdivision 2, is amended to read: Subd. 2. [LICENSE REQUIREMENTS.] No person shall operate a motorcycle on any street or highway unless he has a valid standard driver's license with a two-wheeled vehicle endorsement as provided by law. No such two-wheeled vehicle endorsement shall be issued unless the person applying therefor has in possession a valid two-wheeled vehicle instruction permit as provided herein, has passed a written examination and road test administered by the department of public safety for such endorsement, and, in the case of applicants under 18 years of age, shall present a certificate or other evidence of having successfully completed an approved two-wheeled vehicle driver's safety course in this or another state, in accordance with rules promulgated by the state board of education for courses offered through the public schools, or rules promulgated by the commissioner of public safety for courses offered by a private or commercial school or institute. The commissioner of public safety may waive the road test for any applicant if he determines that the applicant possesses a valid license to operate a two-wheeled vehicle issued by a jurisdiction that requires a comparable road test for license issuance. A two-wheeled vehicle instruction permit shall be issued to any person over 16 years of age, who is in possession of a valid driver's license, who is enrolled in an approved two-wheeled vehicle driver's safety course, and who has passed a written examination for such permit and has paid such fee as the commissioner of public safety shall prescribe. A two-wheeled vehicle instruction permit shall be effective for 45 days, and may be renewed under rules to be prescribed by the commissioner of public safety. No person who is operating by virtue of a two-wheeled vehicle instruction permit shall: (a) Carry any passengers on the streets and highways of this state on the motorcycle which he is operating; (b) Drive the motorcycle at night time; (c) Drive the motorcycle on any highway marked by the commissioner as an interstate highway pursuant to title 23 of the United States Code.; or (d) Drive the motorcycle without wearing protective headgearof a type approvedthat complies with standards established by the commissioner of public safety. Notwithstanding the provisions of this subdivision, the commissioner of public safety may, however, issue a special motorcycle permit, restricted or qualified in such manner as he shall deem proper, to any person demonstrating a need therefor and unable to qualify for a standard driver's license. Sec. 33. Minnesota Statutes 1983 Supplement, section 169.974, subdivision 6, is amended to read: Subd. 6. [NEGLIGENCE; DAMAGES WITHOUT PROTECTIVE HEADGEAR.] In an action to recover damages for negligence resulting in any head injury to an operator or passenger of a motorcycle, evidence of whether or not the injured person was wearing protective headgearof a type approvedthat complied with standards established by the commissioner of public safety shall be admissible only with respect to the question of damages for head injuries. Damages for head injuries of any person who was not wearing protective headgear shall be reduced to the extent that those injuries could have been avoided by wearing protective headgearof a type approvedthat complied with standards established by the commissioner of public safety. For the purposes of this subdivision "operator or passenger" means any operator or passenger regardless of whether that operator or passenger was required by law to wear protective headgearapprovedthat complied with standards established by the commissioner of public safety. Sec. 34. [REPEALER.] Minnesota Statutes 1982, sections 168.27, subdivision 5; 168.31, subdivision 3; 169.672; and 169.755; and Minnesota Statutes 1983 Supplement, section 168.46, are repealed. Approved April 25, 1984
Official Publication of the State of Minnesota
Revisor of Statutes