Minnesota Session Laws - 1986, Regular Session

  

                         Laws of Minnesota 1986 

                        CHAPTER 452-S.F.No. 1065 
           An act relating to transportation; regulating 
          recreational vehicles; regulating all-terrain 
          vehicles; regulating routes to the trunk highway 
          system; prescribing fees; providing penalties; 
          appropriating money; amending Minnesota Statutes 1984, 
          sections 84.92; 84.922, subdivisions 1, 3, 5, 6, 7, 8, 
          and by adding subdivisions; 84.925; 84.927; 84.928; 
          85.018; 100.273, subdivision 9; 161.117; 168.012, 
          subdivision 3a; 169.045; 169.825, subdivision 8; and 
          296.16, subdivision 1; proposing coding for new law in 
          Minnesota Statutes, chapter 84. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1984, section 84.92, is 
amended to read: 
    84.92 [DEFINITIONS.] 
    Subdivision 1.  [SCOPE.] The definitions in this section 
apply to sections 84.92 to 84.929 and Laws 1984, chapter 647, 
sections 1 to section 9.  
    Subd. 1a.  [AGRICULTURAL ZONE.] "Agricultural zone" means 
the areas in Minnesota lying south and west of a line starting 
at the Minnesota-North Dakota border and formed by rights-of-way 
of trunk highway no. 10, thence easterly along trunk highway no. 
10 to trunk highway no. 23, thence easterly along trunk highway 
no. 23 to trunk highway no. 95, thence easterly along trunk 
highway no. 95 to its termination at the Minnesota-Wisconsin 
border. 
    Subd. 2.  [COMMISSIONER.] "Commissioner" means the 
commissioner of natural resources.  
    Subd. 3.  [DEALER.] "Dealer" means a person engaged in the 
business of selling three-wheel off-road all-terrain vehicles at 
wholesale or retail. 
    Subd. 4.  [MANUFACTURER.] "Manufacturer" means a person 
engaged in the business of manufacturing three-wheel off-road 
all-terrain vehicles.  
    Subd. 5.  [OWNER.] "Owner" means a person, other than a 
person with a security interest, having a property interest in 
or title to a three-wheel off-road an all-terrain vehicle and 
entitled to the use and possession of the vehicle.  
    Subd. 6.  [PERSON.] "Person" means an individual or an 
organization as defined in section 336.1-201, paragraph (30).  
    Subd. 7.  [REGISTER.] "Register" means the act of assigning 
a registration number to a three-wheel off-road an all-terrain 
vehicle.  
    Subd. 8.  [ALL-TERRAIN VEHICLE.] "Three-wheel off-road 
All-terrain vehicle" or "vehicle" means a motorized 
flotation-tired vehicle of not less than three low pressure 
tires, but not more than six tires, that is limited in engine 
displacement of less than 800 cubic centimeters and total dry 
weight less than 600 pounds.  
    Sec. 2.  Minnesota Statutes 1984, section 84.922, 
subdivision 1, is amended to read: 
    Subdivision 1.  [GENERAL REQUIREMENTS.] Unless exempted in 
subdivision 8, after January 1, 1985, a person may not operate a 
three-wheel off-road an all-terrain vehicle within the state 
unless the vehicle has been registered.  After January 1, 1985, 
a person may not sell a vehicle without furnishing the buyer a 
bill of sale on a form prescribed by the commissioner.  
    Sec. 3.  Minnesota Statutes 1984, section 84.922, 
subdivision 3, is amended to read: 
    Subd. 3.  [REGISTRATION CARD.] The commissioner shall 
provide to the registrant a registration card that includes the 
registration number, the date of registration, the make and 
serial number of the vehicle, the owner's name and address, and 
additional information the commissioner may require.  
Information concerning each registration shall be retained by 
the commissioner.  Upon a satisfactory showing that the 
registration card has been lost or destroyed the commissioner 
shall issue a replacement registration card upon payment of a 
fee of $4.  The fees collected from replacement registration 
cards shall be deposited in the three-wheel off-road all-terrain 
vehicle account.  
    Sec. 4.  Minnesota Statutes 1984, section 84.922, 
subdivision 5, is amended to read: 
    Subd. 5.  [FEES FOR REGISTRATION.] (a) The fee for 
registration of each vehicle under this section shall be $15 for 
three calendar years.  The commissioner or commissioner of 
public safety shall charge an additional $3 per registration 
granted, other than those registered by a dealer or manufacturer 
under paragraph (b) or (c), is $18 for three years and $4 for a 
duplicate or transfer. 
    (b) The total registration fee for all-terrain vehicles 
owned by a dealer and operated for demonstration or testing 
purposes is $50 per year.  Dealer registrations are not 
transferable. 
    (c) The total registration fee for all-terrain vehicles 
owned by a manufacturer and operated for research, testing, 
experimentation, or demonstration purposes is $150 per year.  
Manufacturer registrations are not transferable.  
    (d) The fees collected under this subdivision shall must be 
credited to the three-wheel off-road all-terrain vehicle account.
    Sec. 5.  Minnesota Statutes 1984, section 84.922, 
subdivision 6, is amended to read: 
    Subd. 6.  [RENEWAL.] Every owner of a three-wheel an 
all-terrain vehicle must renew registration in a manner 
prescribed by the commissioner upon payment of the registration 
fees in subdivision 5.  
    Sec. 6.  Minnesota Statutes 1984, section 84.922, 
subdivision 7, is amended to read: 
    Subd. 7.  [VEHICLES OWNED BY STATE OR POLITICAL 
SUBDIVISION.] A registration number must be issued without the 
payment of a fee for three-wheel all-terrain vehicles owned by 
the state or a political subdivision upon application.  
    Sec. 7.  Minnesota Statutes 1984, section 84.922, 
subdivision 8, is amended to read: 
    Subd. 8.  [EXEMPTIONS.] A registration is not required for 
the following:  
    (1) vehicles being used for work exclusively on 
agricultural lands;  
    (2) vehicles owned and used by the United States, another 
state, or a political subdivision;  
    (3) vehicles covered by a valid license of another state or 
county country that have not been within this state for more 
than 30 consecutive days; and 
    (4) vehicles used exclusively in organized track racing 
events; and 
    (5) vehicles being used on private land with the permission 
of the landowner.  
    Sec. 8.  Minnesota Statutes 1984, section 84.922, is 
amended by adding a subdivision to read: 
    Subd. 9.  [LICENSING BY POLITICAL SUBDIVISIONS.] No 
political subdivision of this state shall require licensing or 
registration of all-terrain vehicles covered by sections 84.92 
to 84.929. 
    Sec. 9.  Minnesota Statutes 1984, section 84.922, is 
amended by adding a subdivision to read: 
    Subd. 10.  [REGISTRATION BY MINORS PROHIBITED.] No person 
under the age of 18 may register an all-terrain vehicle. 
    Sec. 10.  [84.924] [RULEMAKING; ACCIDENT REPORT.] 
    Subdivision 1.  [COMMISSIONER OF NATURAL RESOURCES.] With a 
view of achieving proper use of all-terrain vehicles consistent 
with protection of the environment, the commissioner of natural 
resources shall adopt rules under chapter 14 relating to: 
    (1) registration of all-terrain vehicles and display of 
registration numbers; 
    (2) use of all-terrain vehicles insofar as game and fish 
resources are affected; 
    (3) use of all-terrain vehicles on public lands and waters 
under the jurisdiction of the commissioner of natural resources; 
    (4) uniform signs to be used by the state, counties, and 
cities necessary or desirable to control, direct, or regulate 
the operation and use of all-terrain vehicles; and 
    (5) specifications relating to all-terrain vehicle mufflers.
    Subd. 2.  [COMMISSIONER OF PUBLIC SAFETY.] The commissioner 
of public safety may adopt rules under chapter 14 regulating the 
use of all-terrain vehicles on streets and highways. 
    Subd. 3.  [ACCIDENT REPORT; REQUIREMENT AND FORM.] The 
operator of an all-terrain vehicle involved in an accident 
resulting in injury requiring medical attention or 
hospitalization to or death of a person or total damage to an 
extent of $100 or more shall promptly forward a written report 
of the accident to the commissioner of natural resources on a 
form prescribed by the commissioner. 
    Sec. 11.  Minnesota Statutes 1984, section 84.925, is 
amended to read: 
    84.925 [EDUCATION AND TRAINING PROGRAM.] 
    Subdivision 1.  [PROGRAM ESTABLISHED.] The commissioner 
shall establish a comprehensive three-wheel off-road all-terrain 
vehicle environmental and safety education and training program, 
including the preparation and dissemination of vehicle 
information and safety advice to the public, the training of 
three-wheel off-road all-terrain vehicle operators, and the 
issuance of three-wheel off-road all-terrain vehicle safety 
certificates to vehicle operators over the age of 12 years who 
successfully complete the three-wheel off-road all-terrain 
vehicle environmental and safety education and training course.  
For the purpose of administering the program and to defray a 
portion of the expenses of training and certifying vehicle 
operators, the commissioner shall collect a fee of not to exceed 
$5 from each person who receives the training and shall deposit 
the fee in the three-wheel off-road all-terrain vehicle 
account.  The commissioner shall cooperate with private 
organizations and associations, private and public corporations, 
and local governmental units in furtherance of the program 
established under this section.  The commissioner shall consult 
with the commissioner of public safety in regard to training 
program subject matter and performance testing that leads to the 
certification of vehicle operators.  
    Subd. 2.  [YOUTHFUL OPERATORS.] (a) A person under the age 
of 14 years may not operate a three-wheel off-road an 
all-terrain vehicle on any public land or water under the 
jurisdiction of the commissioner unless accompanied by an adult 
on the vehicle or on an accompanying three-wheel off-road 
all-terrain vehicle or on a device towed by the same or an 
accompanying three-wheel off-road all-terrain vehicle.  However, 
a person 12 years of age or older may operate a three-wheel 
off-road an all-terrain vehicle on public lands and waters under 
the jurisdiction of the commissioner if he has in his immediate 
possession a valid three-wheel off-road all-terrain vehicle 
safety certificate issued by the commissioner.  
    (b) It is unlawful for the owner of a three-wheel off-road 
an all-terrain vehicle to allow the vehicle to be operated 
contrary to the provisions of this section.  
    Sec. 12.  [84.9254] [SIGNAL FROM OFFICER TO STOP.] 
    It is unlawful for an all-terrain vehicle operator, after 
having received a visual or audible signal from a law 
enforcement officer to come to a stop, to (1) operate an 
all-terrain vehicle in willful or wanton disregard of the signal 
to stop, (2) interfere with or endanger the law enforcement 
officer or any other person or vehicle, or (3) increase speed or 
attempt to flee or elude the officer. 
    Sec. 13.  [84.9256] [YOUTHFUL OPERATORS; PROHIBITIONS.] 
    Subdivision 1.  [PROHIBITIONS ON YOUTHFUL OPERATORS.] (a) 
Despite section 84.928 to the contrary, a person under 12 years 
of age shall not make a direct crossing of a trunk, county 
state-aid, or county highway as the operator of an all-terrain 
vehicle, or operate the vehicle upon a street or highway within 
a municipality.  
    (b) A person 12 years of age but less than 14 years may 
make a direct crossing of a trunk, county state-aid, or county 
highway only if that person possesses a valid all-terrain 
vehicle safety certificate and is accompanied by a person over 
18 years of age or holding a valid driver's license.  A person 
under the age of 14 years shall not operate an all-terrain 
vehicle on public land or water under the jurisdiction of the 
commissioner unless accompanied by one of the following listed 
persons on the same vehicle, if designed for more than one 
person, or an accompanying all-terrain vehicle:  the person's 
parent, legal guardian, or other person 18 years of age or older 
or holding a valid driver's license. 
     However, a person 12 years of age or older may operate an 
all-terrain vehicle on public lands and waters under the 
jurisdiction of the commissioner if that person possesses a 
valid all-terrain vehicle safety certificate issued by the 
commissioner. 
    (c) A person 14 years of age or older, but less than 16 
years of age, may make a direct crossing of a trunk, county 
state-aid, or county highway only if that person possesses a 
valid all-terrain vehicle safety certificate issued by the 
commissioner or a valid motor vehicle operator's license. 
    Subd. 2.  [HELMET REQUIRED.] A person less than 16 years of 
age shall not operate an all-terrain vehicle on public land 
unless wearing a safety helmet approved by the commissioner of 
public safety. 
    Subd. 3.  [PROHIBITIONS ON OWNER.] It is unlawful for the 
owner of an all-terrain vehicle to permit it to be operated 
contrary to this section. 
    Subd. 4.  [SUSPENSION.] When the judge of a juvenile court, 
or its duly authorized agent, determines that a person, while 
less than 18 years of age, has violated sections 84.92 to 
84.929, or other state or local law or ordinance regulating the 
operation of an all-terrain vehicle, the judge or duly 
authorized agent shall immediately report the determination to 
the commissioner and (1) may recommend the suspension of the 
person's all-terrain vehicle safety certificate, or (2) may 
recommend to the commissioner of public safety, the suspension 
of the person's driver's license.  The commissioner may suspend 
the certificate without a hearing. 
    Sec. 14.  Minnesota Statutes 1984, section 84.927, is 
amended to read: 
    84.927 [REGISTRATION FEES; UNREFUNDED GASOLINE TAX; 
ALLOCATION.] 
    Subdivision 1.  [REGISTRATION REVENUE.] Fees from the 
registration of three-wheel off-road all-terrain vehicles and 
the unrefunded gasoline tax attributable to all-terrain vehicle 
use under section 296.16 shall be deposited in the state 
treasury and credited to the three-wheel off-road all-terrain 
vehicle account. 
    Subd. 2.  [PURPOSES.] Subject to appropriation by the 
legislature, money in the three-wheel off-road all-terrain 
vehicle account may only be spent for the following purposes:  
    (1) the education and training program under section 84.925;
    (2) administration and implementation of sections 84.92 to 
84.929 and Laws 1984, chapter 647, sections 1 to 9 and 10; and 
    (3) acquisition, maintenance, and development of vehicle 
trails and use areas; 
    (4) grant-in-aid programs to counties and municipalities to 
construct and maintain all-terrain vehicle trails and use areas; 
and 
    (5) grants-in-aid to local safety programs. 
    The distribution of funds made available through 
grant-in-aid programs must be guided by the statewide 
comprehensive outdoor recreation plan. 
    Sec. 15.  Minnesota Statutes 1984, section 84.928, is 
amended to read: 
    84.928 [OPERATION ON STREETS AND HIGHWAYS REQUIREMENTS; 
LOCAL REGULATION.] 
    Subdivision 1.  [OPERATION ON STREETS AND HIGHWAYS.] Except 
as provided in chapter 168 or in this section, a three-wheel 
off-road vehicle may not be driven or operated on a highway (a) 
A person shall not operate an all-terrain vehicle upon the 
roadway, shoulder, or inside bank or slope of a trunk, county 
state-aid, or county highway in this state and, in the case of a 
divided trunk or county highway, on the right-of-way between the 
opposing lanes of traffic, except as provided in sections 84.92 
to 84.929.  A person shall not operate an all-terrain vehicle 
within the 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 transporation to and 
from work on agricultural lands.  A person shall not operate an 
all-terrain vehicle within the 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.  A person shall not operate an all-terrain vehicle at 
any time within the right-of-way of an interstate highway or 
freeway within this state. 
    A (b) An all-terrain vehicle may make a direct crossing of 
a street or highway provided:  
    (1) the crossing is made at an angle of approximately 90 
degrees to the direction of the highway 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 highway;  
    (3) the driver yields the right of way to all oncoming 
traffic that constitutes an immediate hazard;  
    (4) in crossing a divided highway, the crossing is made 
only at an intersection of the highway with another public 
street or highway; 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.  
    (c) 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, 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, and the crossing is made without 
undue delay. 
    (d) 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, with 
reflector material of a minimum area of 16 square inches mounted 
on each side forward of the handlebars, 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. 
    (e) An all-terrain vehicle may be operated upon a public 
street or highway 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. 
    (f) Chapter 169 applies 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. 
    (g) 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. 
    Subd. 2.  [OPERATION GENERALLY.] It is unlawful for a 
person to 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; or 
    (5) in a tree nursery or planting in a manner which damages 
or destroys growing stock. 
    Subd. 3.  [OPERATING UNDER INFLUENCE OF ALCOHOL OR 
CONTROLLED SUBSTANCE.] A person may not operate or be in control 
of an all-terrain vehicle while under the influence of alcohol, 
as provided in section 169.121, subdivision 1, or a controlled 
substance defined in section 152.01, subdivision 4.  A person 
violating this subdivision is guilty of a crime and is 
punishable in accordance with the provisions of section 169.121, 
subdivisions 3 and 4. 
    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 5. 
    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.] Despite 
any provision in this section to the contrary, a county board, 
by resolution, may permit the operation of all-terrain vehicles 
upon the roadway, shoulder, or inside bank or slope of a county 
highway or county state-aid highway if the roadway is in the 
agricultural zone or if safe operation in the ditch or outside 
bank or slope of the highway is impossible, in which case the 
county board shall provide appropriate notice. 
    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 and on streets and 
highways within its boundaries, by resolution or ordinance of 
the governing body and by giving appropriate notice, provided 
the regulations are consistent with sections 84.92 to 84.929 and 
rules adopted under section 10.  However, the local governmental 
unit may not adopt an ordinance which (1) imposes 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 
city, or (2) requires an all-terrain vehicle operator to possess 
a motor vehicle driver's license while operating an all-terrain 
vehicle. 
    Subd. 7.  [LIABILITY TO ROAD OR TRAIL AUTHORITY.] When a 
road, trail, or highway right-of-way is used as provided by 
sections 84.92 to 84.928, 85.018, 100.273, subdivision 9, and 
296.16, the authority having jurisdiction and the officers and 
employees of the authority are exempt from liability for any 
claim by any person arising from that use.  This section shall 
have no effect on the liability of any party or organization 
having responsibility for the maintenance of a trail or roadway 
for all-terrain vehicles. 
    Sec. 16.  Minnesota Statutes 1984, section 85.018, is 
amended to read: 
    85.018 [TRAIL USE; VEHICLES REGULATED, RESTRICTED.] 
    Subdivision 1.  [DEFINITIONS.] For the purposes of this 
section,: 
    (a) "Trail" means a recreational trail, which is funded in 
whole or in part by state grants-in-aid to a local unit of 
government.  
    (b) "Commissioner" means the commissioner of the state 
agency from which the grants-in-aid are received.  
    Subd. 2.  [AUTHORITY OF LOCAL GOVERNMENT.] (a) A local 
government unit that receives state grants-in-aid for any trail, 
with the concurrence of the commissioner, and the landowner or 
land lessee, may: 
    (a) (1) designate the trail for use by snowmobiles or for 
nonmotorized use from December 1 to April 1 of any year; and 
    (b) (2) issue any permit required under subdivisions 3 to 5.
    (b) A local government unit that receives state 
grants-in-aid under section 84.927, subdivision 2, for any 
trail, with the concurrence of the commissioner, and landowner 
or land lessee, may: 
    (1) designate the trail specifically for use at various 
times of the year by all-terrain vehicles, for nonmotorized use 
such as ski touring, snowshoeing, and hiking, and for multiple 
use, but not for motorized and nonmotorized use at the same 
time; and 
    (2) issue any permit required under subdivisions 3 to 5. 
    (c) A local unit of government that receives state 
grants-in-aid for any trail, with the concurrence of the 
commissioner and landowner or land lessee, may designate certain 
trails for joint use by snowmobiles and all-terrain vehicles. 
    Subd. 3.  [MOTORIZED USE; PERMITS, RESTRICTIONS.] Motorized 
use of trails shall be allowed only by permit between April 2 
and November 30 of any year Permits may be issued for motorized 
vehicles, other than those designated, to use a trail designated 
for use by snowmobiles or all-terrain vehicles.  Notice of the 
permit must be conspicuously posted, at the expense of the 
permit holder, at no less than one-half mile intervals along the 
trail, for the duration of the permit.  Permits shall require 
that permit holders return the trail and any associated facility 
to their original condition if any damage is done by the 
permittee.  Limited permits for special events such as races may 
be issued and shall require the removal of any trail markers, 
banners and other material used in connection with the special 
event.  
    Subd. 4.  [NONMOTORIZED USE TRAILS; WINTER.] From December 
1 to April 1 of any year No motorized vehicle shall be operated 
on a trail designated for nonmotorized use such as ski touring 
or snowshoe use.  
    Subd. 5.  [SNOWMOBILE AND ALL-TERRAIN VEHICLE TRAILS 
RESTRICTED.] (a) From December 1 to April 1 in any year no use 
of a motorized vehicle other than a snowmobile, unless 
authorized by permit, lease or easement, shall be permitted on a 
trail designated for use by snowmobiles. 
    (b) From December 1 to April 1 in any year no use of a 
motorized vehicle other than an all-terrain vehicle, unless 
authorized by permit, shall be permitted on a trail designated 
for use by all-terrain vehicles. 
    Subd. 6.  [EXCEPTIONS.] The following motor vehicles are 
exempt from the provisions of subdivisions 3 to 5:  
    (a) military, fire, emergency or law enforcement vehicles 
used for official or emergency purposes;  
    (b) vehicles registered to the county, state or federal 
government;  
    (c) vehicles authorized by permit, lease or contract;  
    (d) vehicles owned by private persons engaged in the upkeep 
and maintenance of the trail systems under the direction of the 
local unit of government that manages the trail; and 
    (e) vehicles registered to or operated with the permission 
of a land owner on whose lands the trail system has been 
constructed, but only with respect to operation on the land of 
that owner.  
    Subd. 7.  [STREETS AND HIGHWAYS.] This section does not 
apply to any portion of a trail located on any street or highway 
as defined in section 169.01.  
    Subd. 8.  [ENFORCEMENT.] The provisions of this section may 
be enforced by officers of the department of natural resources 
as provided in section 97.50. 
    Sec. 17.  Minnesota Statutes 1984, section 100.273, 
subdivision 9, is amended to read: 
    Subd. 9.  Violation of any provision of this section is a 
misdemeanor.  Upon a person's conviction for violating any 
provision of this section, any license issued to him pursuant to 
chapter 98, or any registration pursuant to section 84.82 or 
84.922, under which he was exercising or attempting to exercise 
a privilege while violating this section shall immediately 
become null and void. 
    Sec. 18.  Minnesota Statutes 1984, section 168.012, 
subdivision 3a, is amended to read: 
    Subd. 3a.  [MOTORIZED GOLF CARTS SPECIAL HANDICAPPED 
PERMITS.] Motorized golf carts and four-wheel all-terrain 
vehicles operated under permit and on roadways designated 
pursuant to section 169.045 are exempt from the provisions of 
this chapter. 
    Sec. 19.  Minnesota Statutes 1984, section 169.045, is 
amended to read: 
    169.045 [MOTORIZED GOLF CARTS; OPERATION; REGULATION 
SPECIAL VEHICLE USE ON ROADWAY BY HANDICAPPED.] 
    Subdivision 1.  [DESIGNATION OF ROADWAYS, PERMIT.] The 
governing body of any home rule charter or statutory city or 
town may by ordinance authorize the operation of motorized golf 
carts, or four-wheel all-terrain vehicles, on designated 
roadways or portions thereof under its jurisdiction.  
Authorization to operate a motorized golf cart or four-wheel 
all-terrain vehicle is by permit only.  Permits are restricted 
to physically handicapped persons defined in section 169.345, 
subdivision 2.  For purposes of this section, a four-wheel 
all-terrain vehicle is a motorized flotation-tired vehicle with 
four low-pressure tires that is limited in engine displacement 
of less than 800 cubic centimeters and total dry weight less 
than 600 pounds. 
    Subd. 2.  [ORDINANCE.] The ordinance shall designate the 
roadways, prescribe the form of the application for the permit, 
require evidence of insurance complying with the provisions of 
section 65B.48, subdivision 5 and may prescribe conditions, not 
inconsistent with the provisions of this section, under which a 
permit may be granted.  Permits may be granted for a period of 
not to exceed one year, and may be annually renewed.  A permit 
may be revoked at any time if there is evidence that the 
permittee cannot safely operate the motorized golf cart or 
four-wheel all-terrain vehicle on the designated roadways.  The 
ordinance may require, as a condition to obtaining a permit, 
that the applicant submit a certificate signed by a physician 
that the applicant is able to safely operate a motorized golf 
cart or four-wheel all-terrain vehicle on the roadways 
designated. 
    Subd. 3.  [TIMES OF OPERATION.] Motorized golf carts and 
four-wheel all-terrain vehicles may only be operated on 
designated roadways from sunrise to sunset. They shall not be 
operated in inclement weather or when visibility is impaired by 
weather, smoke, fog or other conditions, or at any time when 
there is insufficient light to clearly see persons and vehicles 
on the roadway at a distance of 500 feet.  
    Subd. 4.  [SLOW MOVING VEHICLE EMBLEM.] Motorized golf 
carts shall display the slow moving vehicle emblem provided for 
in section 169.522, when operated on designated roadways.  
    Subd. 5.  [CROSSING INTERSECTING HIGHWAYS.] The operator, 
under permit, of a motorized golf cart or four-wheel all-terrain 
vehicle may cross any street or highway intersecting a 
designated roadway.  
    Subd. 6.  [APPLICATION OF TRAFFIC LAWS.] Every person 
operating a motorized golf cart or four-wheel all-terrain 
vehicle under permit on designated roadways has all the rights 
and duties applicable to the driver of any other vehicle under 
the provisions of this chapter, except when those provisions 
cannot reasonably be applied to motorized golf carts or 
four-wheel all-terrain vehicles and except as otherwise 
specifically provided in subdivision 7.  
    Subd. 7.  [NONAPPLICATION OF CERTAIN LAWS.] The provisions 
of chapter 171, are not applicable to persons operating 
motorized golf carts or four-wheel all-terrain vehicles under 
permit on designated roadways pursuant to this section.  Except 
for the requirements of section 169.70, the provisions of this 
chapter relating to equipment on vehicles is not applicable to 
motorized golf carts or four-wheel all-terrain vehicles 
operating, under permit, on designated roadways. 
    For purposes of the Minnesota base rate schedule, for 
vehicles with six or more axles in the "S" and "T" categories, 
the base rates are $1,520 and $1,620 respectively. 
    Sec. 20.  Minnesota Statutes 1984, section 169.825, 
subdivision 8, is amended to read: 
    Subd. 8.  [PNEUMATIC-TIRED VEHICLES.] No vehicle or 
combination of vehicles equipped with pneumatic tires shall be 
operated upon the highways of this state:  
    (a) Where the gross weight on any wheel exceeds 9,000 
pounds, except that on designated routes the gross weight on any 
single wheel shall not exceed 10,000 pounds;  
    (b) Where the gross weight on any single axle exceeds 
18,000 pounds, except that on designated routes the gross weight 
on any single axle shall not exceed 20,000 pounds;  
    (c) Where, prior to July 1, 1989, the maximum wheel load 
exceeds 600 pounds per inch of tire width or the manufacturer's 
recommended load, whichever is less. 
    After July 1, 1989, the maximum wheel load may not exceed 
the following: 
   Axle Group                   Maximum Weight in Pounds 
                                Per Inch of Tire Width
   Single                                 600
   Tandem                                 450
   Tridem and quad axle groups            400
or the manufacturer's recommended load, whichever is less;  
    (d) Where the gross weight on any axle of a tridem exceeds 
15,000 pounds, except that for vehicles to which an additional 
axle has been added prior to June 1, 1981, the maximum gross 
weight on any axle of a tridem may be up to 16,000 pounds 
provided the gross weight of the tridem combination does not 
exceed 37,000 pounds where the first and third axles of the 
tridem are spaced seven feet apart; 38,500 pounds where the 
first and third axles of the tridem are spaced eight feet apart; 
and 39,900 pounds where the first and third axles of the tridem 
are spaced nine feet apart.  
    (e) Where the gross weight on any group of axles exceeds 
the weights permitted under this section with any or all of the 
interior axles disregarded and their gross weights subtracted 
from the gross weight of all axles of the group under 
consideration. 
    Sec. 21.  Minnesota Statutes 1984, section 296.16, 
subdivision 1, is amended to read:  
    Subdivision 1.  [INTENT.] All gasoline received in this 
state and all gasoline produced in or brought into this state 
except aviation gasoline and marine gasoline shall be determined 
to be intended for use in motor vehicles in this state. 
    Approximately three-fourths of one percent of all gasoline 
received in this state and three-fourths of one percent of all 
gasoline produced or brought into this state, except gasoline 
used for aviation purposes, is being used as fuel for the 
operation of motor boats on the waters of this state and of the 
total revenue derived from the imposition of the gasoline fuel 
tax for uses other than in motor boats, three-fourths of one 
percent of such revenues is the amount of tax on fuel used in 
motor boats operated on the waters of this state.  
    Approximately three-fourths of one percent of all gasoline 
received in and produced or brought into this state, except 
gasoline used for aviation purposes, is being used as fuel for 
the operation of snowmobiles in this state, and of the total 
revenue derived from the imposition of the gasoline fuel tax for 
uses other than in snowmobiles, three-fourths of one percent of 
such revenues is the amount of tax on fuel used in snowmobiles 
operated in this state. 
    Approximately 0.15 of one percent of all gasoline received 
in or produced or brought into this state, except gasoline used 
for aviation purposes, is being used for the operation of 
all-terrain vehicles in this state, and of the total revenue 
derived from the imposition of the gasoline fuel tax, 0.15 of 
one percent is the amount of tax on fuel used in all-terrain 
vehicles operated in this state. 
    Sec. 22.  [TRUNK HIGHWAY SYSTEM; NEW ROUTE SUBSTITUTED FOR 
EXISTING ROUTE.] 
    Subdivision 1.  [ADDITIONAL ROUTE.] There is added to the 
trunk highway system a new route in Minnesota Statutes, section 
161.115, described as follows: 
    Route No. 240.  Beginning at a point on Route No. 69, at or 
near Annandale; thence extending in a general northerly 
direction to a point on Route No. 3. 
    Subd. 2.  [SUBSTITUTION.] The route established in 
subdivision 1 is substituted for route numbered 240 as contained 
and described in Minnesota Statutes 1984, section 161.115.  
Route numbered 240 as contained and described in that section is 
discontinued and removed from the trunk highway system.  
    Subd. 3.  [DIRECTIONS TO REVISOR.] The revisor of statutes, 
in compiling the next and subsequent editions of Minnesota 
Statutes, shall substitute the route established in subdivision 
1 for the route discontinued and removed from the trunk highway 
system in subdivision 2. 
    Sec. 23.  [TRUNK HIGHWAY SYSTEM; NEW ROUTE SUBSTITUTED FOR 
EXISTING ROUTE.] 
    Subdivision 1.  [ADDITIONAL ROUTE.] There is added to the 
trunk highway system a new route in Minnesota Statutes, section 
161.115, described as follows: 
    Route No. 241.  Beginning at a point in or adjacent to St. 
Michael; then extending in a general easterly direction to a 
point on Route No. 392. 
    Subd. 2.  [SUBSTITUTION.] The route established in 
subdivision 1 is substituted for route numbered 241 as contained 
and described in Minnesota Statutes 1984, section 161.115.  
Route numbered 241 as contained and described in that section is 
discontinued and removed from the trunk highway system.  
    Subd. 3.  [DIRECTIONS TO REVISOR.] The revisor of statutes, 
in compiling the next and subsequent editions of Minnesota 
Statutes, shall substitute the route established in subdivision 
1 for the route discontinued and removed from the trunk highway 
system in subdivision 2. 
    Sec. 24.  [TRUNK HIGHWAY SYSTEM; NEW ROUTE SUBSTITUTED FOR 
EXISTING ROUTE.] 
    Subdivision 1.  [ADDITIONAL ROUTE.] There is added to the 
trunk highway system a new route in Minnesota Statutes, section 
161.115, described as follows: 
    Route No. 279.  Beginning at a point on Route No. 390 in 
Dakota county southwesterly of Fort Snelling; thence extending 
in a general northerly direction across the Minnesota River to a 
point on Route No. 116 in Minneapolis. 
    Subd. 2.  [SUBSTITUTION.] The route established in 
subdivision 1 is substituted for route numbered 279 as contained 
and described in Minnesota Statutes 1984, section 161.115.  
Route numbered 279 as contained and described in that section is 
discontinued and removed from the trunk highway system.  
    Subd. 3.  [DIRECTIONS TO REVISOR.] The revisor of statutes, 
in compiling the next and subsequent editions of Minnesota 
Statutes, shall substitute the route established in subdivision 
1 for the route discontinued and removed from the trunk highway 
system in subdivision 2. 
    Sec. 25.  [TRUNK HIGHWAY SYSTEM; NEW ROUTE SUBSTITUTED FOR 
EXISTING ROUTE.] 
    Subdivision 1.  [ADDITIONAL ROUTE.] There is added to the 
trunk highway system a new route in Minnesota Statutes, section 
161.115, described as follows: 
    Route No. 108.  Beginning at the terminus of Route No. 12 
on the easterly limits of the city of St. Paul; thence extending 
in a westerly direction through the city of St. Paul to a point 
on the easterly limits of Hennepin County. 
    Subd. 2.  [SUBSTITUTION.] The route established in 
subdivision 1 is substituted for route numbered 108 as contained 
and described in Minnesota Statutes 1984, section 161.115.  
Route numbered 108 as contained and described in that section is 
discontinued and removed from the trunk highway system.  
    Subd. 3.  [DIRECTIONS TO REVISOR.] The revisor of statutes, 
in compiling the next and subsequent editions of Minnesota 
Statutes, shall substitute the route established in subdivision 
1 for the route discontinued and removed from the trunk highway 
system in subdivision 2. 
    Sec. 26.  [TRUNK HIGHWAY SYSTEM; NEW ROUTE SUBSTITUTED FOR 
EXISTING ROUTE.] 
    Subdivision 1.  [ADDITIONAL ROUTE.] There is added to the 
trunk highway system a new route in Minnesota Statutes, section 
161.115, described as follows: 
    Route No. 156.  Beginning at a point on Route No. 394 in 
the city of Minneapolis and extending in a northerly and 
westerly direction to a point on Route No. 62 easterly of the 
Great Northern Railway. 
    Subd. 2.  [SUBSTITUTION.] The route established in 
subdivision 1 is substituted for route numbered 156 as contained 
and described in Minnesota Statutes 1984, section 161.115.  
Route numbered 156 as contained and described in that section is 
discontinued and removed from the trunk highway system.  
    Subd. 3.  [DIRECTIONS TO REVISOR.] The revisor of statutes, 
in compiling the next and subsequent editions of Minnesota 
Statutes, shall substitute the route established in subdivision 
1 for the route discontinued and removed from the trunk highway 
system in subdivision 2. 
    Sec. 27.  [TRUNK HIGHWAY SYSTEM; REMOVAL OF ROUTE NO. 129.] 
    Subdivision 1.  [ROUTE DISCONTINUED.] Route No. 129 as 
contained and described in Minnesota Statutes 1984, section 
161.115, is discontinued and removed from the trunk highway 
system.  
    Subd. 2.  [DIRECTIONS TO REVISOR.] The revisor of statutes, 
in compiling the next and subsequent editions of Minnesota 
Statutes, shall delete the route specified in subdivision 1. 
    Sec. 28.  [TRUNK HIGHWAY SYSTEM; REMOVAL OF ROUTE NO. 114.] 
    Subdivision 1.  [ROUTE DISCONTINUED.] Route No. 114 as 
contained and described in Minnesota Statutes 1984, section 
161.115, is discontinued and removed from the trunk highway 
system.  
    Subd. 2.  [DIRECTIONS TO REVISOR.] The revisor of statutes, 
in compiling the next and subsequent editions of Minnesota 
Statutes, shall delete the route specified in subdivision 1. 
    Sec. 29.  Minnesota Statutes 1984, section 161.117, is 
amended to read:  
    161.117 [TRUNK HIGHWAYS; ADDITIONAL ROUTES.] 
    There may be added by order of the commissioner of 
transportation to the trunk highway system new routes described 
as follows: 
    (1) Route No. 380.  Beginning at a point on Route No. 390 
at its intersection with Shepard Road in the city of St. Paul; 
thence extending in a northeasterly direction generally 
following along the course of Shepard Road to a point on Route 
No. 112; thence extending in a northeasterly direction to a 
point on Route No. 392 easterly of the downtown area of St. 
Paul; providing a connector route between Route No. 390 and 
Route Nos. 112 and 392; 
    (2) Route No. 382.  Beginning at a point on Route No. 390 
at its junction with Route No. 111, thence extending in a 
general northerly direction, within the corridor of the right of 
way already acquired on May 31, 1975, for Route No. 390, to a 
point on Short Line Road; thence extending in a northeasterly 
direction within said corridor of right of way to the 
intersection of Pleasant Avenue and Kellogg Boulevard in the 
city of St. Paul. 
    (3) Route No. 383.  Beginning at a point on Route No. 393 
in the city of Bloomington and continuing in a northerly 
direction above the present alignment of Hennepin county state 
aid highway No. 18 to its intersection with Route No. 3 in or 
near the city of Brooklyn Park.  
    (4) Route No. 384.  Beginning at a point on Route No. 393 
in the city of Eden Prairie and continuing in an easterly 
direction along the present alignment of Hennepin county state 
aid highway No. 62 to its intersection with Route No. 116. 
    (5) Route No. 385.  Beginning at a point on Route No. 394 
in the city of Minneapolis and continuing in an easterly 
direction to a point on University Avenue in the city of 
Minneapolis. 
    Sec. 30.  [TRANSFERS OF JURISDICTION.] 
    Subdivision 1.  [DUTIES OF COMMISSIONER.] The commissioner 
of transportation shall assume ownership of all right-of-way now 
owned by Hennepin county for the routes added to the trunk 
highway system under section 29. 
    Subd. 2.  [TRANSFER TO HENNEPIN COUNTY.] The commissioner 
shall transfer to Hennepin county the following trunk highway 
segments and associated right-of-way: 
    (1) Excelsior Boulevard from its intersection with marked 
Trunk Highway No. 100 in the city of St. Louis Park to its 
intersection with marked Trunk Highway No. 121 on the westerly 
limits of the city of Minneapolis; 
    (2) Excelsior Boulevard, Lake Street, and Lyndale Avenue 
from the intersection of Excelsior Boulevard and marked Trunk 
Highway No. 121 on the westerly limits of the city of 
Minneapolis, to the intersection of Lake Street and Lyndale 
Avenue and thence northerly along Lyndale Avenue to its 
intersection with Franklin Avenue near marked Interstate Highway 
No. 94, in the city of Minneapolis; 
    (3) marked Trunk Highway No. 7 and West Lake Street from 
its intersection with marked Trunk Highway No. 100 in the city 
of St. Louis Park to its intersection with Excelsior Boulevard 
in the city of Minneapolis; 
    (4) that portion of previous marked Trunk Highway No. 12 in 
the city of Wayzata from its intersection with the current 
alignment of marked Trunk Highway No. 12 to its intersection 
with marked Trunk Highway No. 101; 
    (5) marked Trunk Highway No. 12 on its alignment on 
University Avenue in the city of Minneapolis, from its 
intersection with Washington Avenue to the easterly limits of 
the city of Minneapolis; 
    (6) marked Trunk Highway No. 52 on its alignment on 
University Avenue, Fourth Street Southeast and Oak Street in the 
city of Minneapolis, from its intersection with marked 
Interstate Highway No. 35W to its intersection with Washington 
Avenue; 
    (7) marked Trunk Highway No. 81 from its intersection with 
marked Interstate Highway No. 94 in the city of Minneapolis to 
its intersection with marked Trunk Highway No. 100 in the city 
of Robbinsdale; 
    (8) marked Trunk Highway No. 88 from its intersection with 
marked Interstate Highway No. 35W to the easterly limits of 
Hennepin county; 
    (9) New Brighton Boulevard from its intersection with 
marked Interstate Highway No. 35W to its intersection with 
Broadway Street Northeast, in the city of Minneapolis; 
    (10) marked Trunk Highway No. 101 from its intersection 
with marked Interstate Highway No. 94 in Rogers to the southerly 
limits of Hennepin county; 
    (11) Lake Street from its intersection with marked Trunk 
Highway No. 55 in the city of Minneapolis to the easterly limits 
of Hennepin county; 
    (12) marked Trunk Highway No. 121 from its intersection 
with Excelsior Boulevard on the westerly limits of the city of 
Minneapolis to its intersection with West Fifty-Eighth Street in 
the city of Minneapolis; 
    (13) marked Trunk Highway No. 152 from its intersection 
with marked Trunk Highway No. 101 in the city of Dayton to its 
intersection with present marked Trunk Highway No. 169 in the 
city of Brooklyn Park; 
    (14) marked Trunk Highway No. 169 from its intersection 
with present marked Trunk Highway No. 152 in the city of 
Brooklyn Park to its intersection with marked Trunk Highway No. 
100 in the city of Robbinsdale; and 
    (15) marked Trunk Highway No. 252 from its intersection 
with marked Trunk Highway No. 169 in the city of Champlin to its 
intersection with Ninety-Third Avenue North in the city of 
Brooklyn Park. 
    Subd. 3.  [TRANSFERS; CONDITIONS.] All right-of-way 
transferred to the commissioner of transportation by Hennepin 
county under sections 22 to 32 and 35 is subject to Minnesota 
Statutes, section 161.18.  All right-of-way transferred to 
Hennepin county by the commissioner of transportation under 
sections 22 to 32 and 35 vests the county, without compensation 
therefor, with all rights, titles, easements, and appurtenances 
held by or vested in the state of Minnesota prior to the 
transfer of ownership.  All transfers of right-of-way under 
sections 22 to 32 and 35 include the transfer of ownership of 
interchange ramps and loops, bridges, signals, lighting devices, 
and all other appurtenances within the right-of-way. 
    Sec. 31.  [STATUTORY PROVISIONS.] 
    Minnesota Statutes, section 161.082, subdivision 2, does 
not apply to transfers of trunk highways to Hennepin county 
under sections 22 to 32 and 35. 
    Sec. 32.  [AGREEMENT REQUIRED.] 
    No transfer of a highway or associated right-of-way under 
sections 22 to 32 and 35 is effective unless the transfer has 
been mutually agreed upon by the commissioner of transportation 
and Hennepin county and a copy of the agreement, signed by the 
commissioner and the chair of the Hennepin county board, has 
been filed in the office of the commissioner.  
    Sec. 33.  [APPROPRIATION.] 
    $475,000 is appropriated from the all-terrain vehicle 
account to the commissioner of natural resources to administer 
sections 1 to 17.  For the development and administration of 
trails under this act, the complement of the commissioner of 
natural resources is increased by two positions. 
    Sec. 34.  [APPLICABILITY.] 
    Section 21 applies to gasoline received in or produced or 
brought into this state on and after January 1, 1986. 
    Sec. 35.  [EFFECTIVE DATE.] 
    Sections 22 to 28 are each effective on the day following 
certification by the commissioner of transportation to the 
secretary of state that the ownership of a trunk highway and 
associated right-of-way are no longer needed for trunk highway 
purposes by reason of that section having been transferred to 
Hennepin county in accordance with sections 22 to 32 and this 
section, or by reason of route description revisions required by 
the transfer.  Section 30, subdivisions 1 and 2, are effective 
the day following final enactment, subject to the provisions of 
section 32.  Section 30, subdivision 3, and sections 29, 31 and 
32 are effective the day following final enactment. 
    Approved March 25, 1986