Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1986, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1986
CHAPTER 454-S.F.No. 1910
An act relating to transportation; providing for the
licensing, taxation, ownership, and operation of motor
vehicles; providing for the standards and construction
of certain highways and payment of street and highway
expenses; providing definitions; providing penalties;
appropriating money; amending Minnesota Statutes 1984,
sections 65B.67, subdivisions 3 and 4a; 162.06,
subdivision 5; 162.14, subdivision 2; 168.27,
subdivisions 1 and 22; 168.28; 169.07; 169.44, by
adding a subdivision; 169.99, by adding a subdivision;
171.02, subdivision 3; 171.05, by adding a
subdivision; 171.07, subdivision 5; 171.12, by adding
a subdivision; and 173.08, subdivision 1; Minnesota
Statutes 1985 Supplement, sections 168.011,
subdivision 4; 168.012, subdivision 1c; 168.013,
subdivisions 1c and 1e; 168.27, subdivision 24;
171.27; and 221.033, subdivision 3; Laws 1974, chapter
151, section 3; Laws 1977, chapter 402, section 2;
Laws 1985, chapter 299, section 40; Laws 1985, First
Special Session chapter 15, section 9, subdivision 5;
proposing coding for new law in Minnesota Statutes,
chapters 65B; 160; 161; and 163; repealing Minnesota
Statutes 1984, section 171.15, subdivision 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. [65B.481] [DRIVER TO HAVE PROOF OF INSURANCE IN
POSSESSION.]
Every driver shall have in his immediate possession at all
times when operating a motor vehicle evidence that insurance
covering the vehicle is in effect. On demand of a peace
officer, an authorized representative of the department of
public safety, or an officer authorized by law to enforce the
laws relating to the operation of motor vehicles on public
streets and highways, the driver must produce proof of insurance
in the form of a valid insurance policy or an identification
card issued by an insurer. No person shall be in violation of
this section if the person provides the required proof of
insurance to the officer within seven days or to the court on or
before the date set for appearance. The commissioner of public
safety may suspend the license of any operator who violates this
section. Commercial vehicles required to file proof of
insurance pursuant to chapter 221 and school buses as defined in
section 171.01, subdivision 21 are exempt from this section.
Sec. 2. Minnesota Statutes 1984, section 65B.67,
subdivision 3, is amended to read:
Subd. 3. [VIOLATION BY DRIVER.] Any other person who
operates a motor vehicle or motorcycle upon a public highway,
street or road in this state with knowledge who knows or has
reason to know that the owner does not have security complying
with the terms of section 65B.48 in full force and effect is
guilty of a misdemeanor and shall be sentenced as provided in
subdivision 4.
Sec. 3. Minnesota Statutes 1984, section 65B.67,
subdivision 4a, is amended to read:
Subd. 4a. The commissioner of public safety may shall
revoke the registration of any motor vehicle or motorcycle, and
may suspend the driver's license of any operator, without
preliminary hearing upon a showing by department records,
including accident reports required to be submitted by section
169.09, or other sufficient evidence that security required by
section 65B.48 has not been provided and maintained. Before
reinstatement of the registration, there shall be filed with the
commissioner of public safety the written certificate of an
insurance carrier authorized to do business in the state stating
that security has been provided as required by section 65B.48.
The commissioner of public safety may require the certificate of
insurance provided to satisfy this subdivision to be certified
by the insurance carrier to be noncancelable for a period not to
exceed one year. The commissioner of public safety may also
require a certificate of insurance to be filed with respect to
all vehicles required to be insured under section 65B.48 and
owned by any person whose driving privileges have been suspended
or revoked as provided in this section before reinstating the
person's driver's license.
Sec. 4. [160.81] [HIGHWAYS IN RECREATION AREAS.]
Subdivision 1. [JOINT STANDARDS.] The commissioner of
transportation, in consultation with the commissioner of natural
resources, shall establish standards for trunk highway segments
located in areas of unusual scenic interest. The rules shall:
(1) define "areas of unusual scenic interest," which must
include major recreational areas, historic areas and major
publicly and privately owned tourist attractions;
(2) prescribe standards for right-of-way, shoulders and
parking areas for trunk highway segments in such areas; and
(3) prescribe standards for scenic overlooks, parking piers
and other parking areas, tourist information facilities, public
water access points and other facilities intended to expand the
recreational use of trunk highway segments in such areas.
Subd. 2. [PLAN.] The commissioner of transportation, in
consultation with the commissioner of natural resources, shall
prepare a plan for the recreational uses of trunk highway
right-of-way and adjacent public land in areas of unusual scenic
interest. The plan must provide for the enhancement of such
recreational uses by the construction of new recreational
facilities or the improvement or rehabilitation of existing
recreational facilities, as enumerated in subdivision 1, clause
(3). The plan must provide for joint development of these
facilities by the departments of transportation and natural
resources, where feasible, and must contain provisions
permitting local units of government and regional development
commissions to participate in the planning and development of
recreational facilities.
Subd. 3. [RECREATIONAL FACILITIES.] The commissioner of
transportation may, in areas of unusual scenic interest:
(1) construct, improve, and maintain recreational
facilities, including parking areas, scenic overlooks, and
tourist information facilities, on trunk highway right-of-way
and adjacent areas; and
(2) construct, improve, and maintain access ramps and
turnoffs to connect trunk highways with recreational land owned
by the department of natural resources.
Subd. 4. [APPLICABILITY OF ADMINISTRATIVE PROCEDURE ACT.]
Promulgation of the recreational use plan under subdivision 2 is
subject to chapter 14, the administrative procedure act. The
standards established under subdivision 1 are not subject to the
administrative procedure act.
Sec. 5. [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. 294. Beginning at the intersection of business
route no. 71 (old trunk highway no. 71) and Civic Center Road
(formerly 15th Avenue N.E.) in Willmar, at or near the South
Line of Government Lot 1, Section 2, Township 119 North, Range
35 West; thence extending in a general easterly, northerly, and
northwesterly direction into and through the grounds of the
Willmar state hospital to the intersection with old trunk
highway no. 71 about 400 feet northerly of the South Line of
Government Lot 1, Section 1, Township 119 North, Range 35 West.
Subd. 2. [SUBSTITUTION.] The route established in
subdivision 1 is substituted for route no. 294 as contained and
described in Minnesota Statutes 1984, section 161.115. Route
no. 294 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. 6. [161.52] [TOURIST INFORMATION CENTERS.]
For the fiscal year ending June 30, 1988, and subsequent
years, the payment of the cost of staffing and operating tourist
information centers located on trunk highways, including
interstate highways, by the commissioner of transportation is
subject to the following restrictions:
(a) For the fiscal year ending June 30, 1988, not more than
two-thirds of the cost may be paid from the trunk highway fund.
(b) For the fiscal year ending June 30, 1989, not more than
one-third of the cost may be paid from the trunk highway fund.
(c) For the fiscal year ending June 30, 1990, no part of
the cost may be paid from the trunk highway fund.
That portion of the cost not paid from the trunk highway
fund must be paid either by the commissioner from funds
appropriated for that purpose from sources other than the trunk
highway fund, or by local sources of funding.
Sec. 7. Minnesota Statutes 1984, section 162.06,
subdivision 5, is amended to read:
Subd. 5. [STATE PARK ROAD ACCOUNT.] After deducting for
administrative costs and for the disaster account and research
account as heretofore provided from the remainder of the total
sum provided for in subdivision 1, there shall be deducted a sum
equal to the three quarters of one percent of the remainder but
not to exceed the sum of $200,000 $600,000 annually. The sum so
deducted shall be set aside in a separate account and shall be
used for the establishment, location, relocation, construction,
reconstruction and improvement of those roads included in the
county state-aid highway system under Minnesota Statutes 1961,
Section 162.02, Subdivision 6 which border and provide
substantial access to an outdoor recreation unit as defined in
section 86A.04 or which provide access to the headquarters of or
the principal parking lot located within a state park such a
unit. At the request of the commissioner of natural resources
the counties wherein such roads are located shall do such work
as requested in the same manner as on any other county state-aid
highway and shall be reimbursed for such construction,
reconstruction or improvements from the amount set aside by this
subdivision. Before requesting a county to do work on a county
state-aid highway as provided in this subdivision, the
commissioner of natural resources must obtain approval for the
project from the county state-aid screening board. The
screening board, before giving its approval, must obtain a
written comment on the project from the county engineer of the
county requested to undertake the project. Any sums paid to
counties in accordance with this subdivision shall reduce the
money needs of said counties in the amounts necessary to
equalize their status with those counties not receiving such
payments. Any balance of the amount so set aside, at the end of
each year shall be transferred to the county state-aid highway
fund.
Sec. 8. Minnesota Statutes 1984, section 162.14,
subdivision 2, is amended to read:
Subd. 2. [PURPOSES FOR WHICH MONEY IS APPORTIONED.] Money
so apportioned to each such city shall be used for aid in the
establishment, location, construction, reconstruction,
improvement, and maintenance of the municipal state-aid street
system within each city including the expense of sidewalks,
signals and safety devices, including systems that permit an
emergency vehicle operator to activate a green traffic signal
for the emergency vehicle, on such system approved by the
commissioner, provided that in the event of hardship or in the
event that the municipal state-aid street system of any
municipality is improved to the standards set forth in the
commissioner's rules and regulations, and subject to the consent
of the commissioner and under rules and regulations of the
commissioner, a portion of the money so apportioned may be used
on other streets or roads within the city. The governing body
of any such city may, subject to the consent of the
commissioner, and under the rules and regulations of the
commissioner, use a portion of the money so apportioned on any
state trunk highway or county state-aid highway within the
city. The amount of money to be appropriated by such cities
from other funds for use in the establishment, location,
construction, reconstruction, improvement, and maintenance of
the municipal state-aid street system within the city is hereby
left to the direction of the individual governing bodies of the
cities.
Sec. 9. [163.161] [IMPASSABLE CITY THROUGHFARES.]
When a written complaint signed by five or more freeholders
of a statutory city of not more than 5,000 population is
presented to the county board stating that a city throughfare
located outside an urban area as defined in section 169.01,
subdivision 59 has not been properly maintained and because of
the improper maintenance is not reasonably passable the county
board shall consider and act upon the complaint in the same
manner provided for a complaint under section 163.16.
Sec. 10. Minnesota Statutes 1985 Supplement, section
168.011, subdivision 4, is amended to read:
Subd. 4. [MOTOR VEHICLE.] "Motor vehicle" means any
self-propelled vehicle not operated exclusively upon railroad
tracks and any vehicle propelled or drawn by a self-propelled
vehicle and includes vehicles known as trackless trolleys which
are propelled by electric power obtained from overhead trolley
wires but not operated upon rails, except snowmobiles and
manufactured homes. After July 31, 1985, motor vehicle does not
include a three-wheel off-road vehicle as defined in section
84.92, subdivision 8; except that if the three-wheel off-road
vehicle was licensed as a motor vehicle before August 1, 1985,
the owner may continue to license it as a motor vehicle until it
is conveyed or otherwise transferred to another owner, is
destroyed, or fails to comply with the registration and
licensing requirements of this chapter.
Sec. 11. Minnesota Statutes 1985 Supplement, section
168.012, subdivision 1c, is amended to read:
Subd. 1c. (a) The annual administrative fee for trailer
license plates issued to a tax-exempt vehicle under this section
is $5 for each plate. (b) The annual fee for license plates
issued to all other tax-exempt vehicles is a $5 administrative
handling fee and $10 for two plates per vehicle. The license
plate fee for a tax-exempt vehicle, except a trailer, is $10 for
two plates per vehicle, payable only on the first tax-exempt
registration of the vehicle. (c) On or after March 1, 1986, The
registration period for a tax-exempt vehicle is biennial and new
plates will be issued for the life of the vehicle. Fees are The
administrative fee is due on March 1 biennially and payable the
preceding January 1, with validating stickers issued at time of
payment. If the tax-exempt vehicle is newly registered for less
than the two-year period, the fee must be apportioned by
six-month increments, but in no event may the fee be less than
$5 per vehicle.
(b) The owner of a tax-exempt vehicle shall apply for
tax-exempt license plates, and pay the administrative and plate
fees, and the filing fee under section 168.33, subdivision 7,
only to a deputy registrar in the county in which the vehicle is
domiciled.
Sec. 12. Minnesota Statutes 1985 Supplement, section
168.013, subdivision 1c, is amended to read:
Subd. 1c. [FARM TRUCKS.] (1) On farm trucks having a gross
weight of not more than 57,000 pounds, the tax shall be based on
total gross weight and shall be 45 percent of the Minnesota base
rate prescribed by subdivision 1e during each of the first eight
years of vehicle life, but in no event less than $35, and during
the ninth and succeeding years of vehicle life the tax shall be
27 percent of the Minnesota base rate prescribed by subdivision
1e, but in no event less than $21, except as otherwise provided
in this subdivision. On farm trucks having a gross weight of
not more than 57,000 pounds during each of the first eight years
of vehicle life, the tax shall be 45 percent of the tax imposed
in the Minnesota base rate schedule.
On farm trucks having a gross weight of not more than
57,000 pounds during the ninth and succeeding years of vehicle
life, the tax shall be 27 percent of the Minnesota base rate
schedule.
(2) On farm trucks having a gross weight of more than
57,000 pounds, the tax shall be 60 percent of the Minnesota base
rate during each of the first eight years of vehicle life and 36
percent of the Minnesota base rate during the ninth and
succeeding years, except as otherwise provided in this
subdivision. On farm trucks having a gross weight of more than
57,000 pounds during the first eight years of vehicle life, the
tax shall be 60 percent of the tax imposed in the Minnesota base
rate schedule.
On farm trucks having a gross weight of more than 57,000
pounds, during the ninth and succeeding years of vehicle life,
the tax shall be 36 percent of the tax imposed in the Minnesota
base rate schedule.
In addition to the gross weight tax imposed on a
truck-tractor or truck used as a 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.
Sec. 13. Minnesota Statutes 1985 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, on truck-tractor and semitrailer combinations except
those defined as farm 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 - 26,000 270
K 26,001 - 33,000 360
L 33,001 - 39,000 475
M 39,001 - 45,000 595
N 45,001 - 51,000 715
O 51,001 - 57,000 865
P 57,001 - 63,000 1015
Q 63,001 - 69,000 1185
R 69,001 - 73,280 1325
S 73,281 - 78,000 1525
T 78,001 - 81,000 1625
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
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.
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 221.60, 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 each of 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 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 each of 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 commercial zone vehicles specifically provided
for in this subdivision, during each of the first eight years of
vehicle life the tax shall be 100 percent of the tax imposed in
the Minnesota base rate schedule.
Sec. 14. Minnesota Statutes 1984, section 168.27,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] For the purposes of this
section, the following terms have the meanings given them:
(1) "Leasing motor vehicles" means furnishing a motor
vehicle for a fee under a bailor-bailee relationship where no
incidences of ownership are intended to be transferred other
than the right to use the vehicle for a stated period of time.
(2) "Brokering motor vehicles" means arranging sales
between willing buyers and sellers of motor vehicles and
receiving a fee for said service.
(3) "Wholesaling motor vehicles" means selling new or used
motor vehicles to dealers for resale to the public.
(4) "Auctioning motor vehicles" means arranging for and
handling the sale of motor vehicles, not the property of the
auctioneer, to the highest bidder.
(5) "Dealer" includes new motor vehicle dealers, used motor
vehicle dealers, brokers, wholesalers, auctioneers and lessors
of new or used motor vehicles.
(6) "Commercial building" means a building adapted to
commercial use and located in an area zoned for commercial or
other less restrictive nonresidential use by the governmental
unit in which it is located.
(7) "Horse trailer" is a trailer designed and used to carry
horses and other livestock, which has not more than three axles
and a maximum gross weight capacity of not more than 24,000
pounds.
Sec. 15. Minnesota Statutes 1984, section 168.27,
subdivision 22, is amended to read:
Subd. 22. [MOTORIZED BICYCLES, BOAT AND SNOWMOBILE
TRAILERS.] Any person, copartnership or corporation having a
permanent enclosed commercial building or structure either owned
in fee or leased and engaged in the business, either exclusively
or in addition to any other occupation, of selling motorized
bicycles, boat trailers, horse trailers or snowmobile trailers,
may apply to the registrar for a dealer's license. Upon payment
of a $10 fee the registrar shall license the applicant as a
dealer for the remainder of the calendar year in which the
application was received. Thereafter the license may be renewed
on or before the second day of January of each year by payment
of a fee of $10. The registrar shall issue to each dealer, upon
his request, dealer plates as provided in subdivision 16 upon
payment of $3 for each plate, and the plates may be used in the
same manner and for the same purposes as is provided in
subdivision 16. Except for motorized bicycle dealers, the
registrar shall also issue to the dealer, upon his request, "in
transit" plates as provided in subdivision 17 upon payment of a
fee of $2 for each plate. This subdivision shall not be
construed to abrogate any of the provisions of this section as
the same relates to the duties, responsibilities and
requirements of persons, copartnerships or corporations engaged
in the business, either exclusively or in addition to other
occupations, of selling motor vehicles or manufactured homes.
Sec. 16. Minnesota Statutes 1985 Supplement, section
168.27, subdivision 24, is amended to read:
Subd. 24. [BONDS.] All persons licensed hereunder shall
keep in full force and effect a bond with a corporate surety to
be approved by the registrar of motor vehicles in amounts as
herein provided; in the case of boat, snowmobile trailer, horse
trailer or motorized bicycle dealers in the amount of $5,000;
and as to all other persons in the amount of $25,000. The bond
shall be conditioned on the faithful performance by the licensee
of the obligations imposed by the laws of this state, including
the conduct required of a licensee by this section and other
sections governing the sale or transfer of motor vehicles, and
the payment of all taxes, license fees and penalties. The bond
shall be for the benefit of the state of Minnesota and any
transferor, seller, or purchaser of a motor vehicle for any
monetary loss caused by failure of the licensee to meet the
obligations enumerated above. Proceedings on the forfeiture of
the bonds shall be commenced in the district court of the county
wherein the business of the licensed person was carried on, or
if in more than one county, the county in which the offense
occurred.
Sec. 17. Minnesota Statutes 1984, section 168.28, is
amended to read:
168.28 [VEHICLES SUBJECT TO TAX; EXCEPTIONS.]
Every motor vehicle (except those exempted in section
168.012, and except those exempted in section 168.012 which are
being towed upon the streets and highways and which shall not be
deemed to be using the streets and highways within the meaning
of this section) shall be deemed to be one using the public
streets and highways and hence as such subject to taxation under
this act if such motor vehicle has since April 23, 1921, used
such public streets or highways, or shall actually use them, or
if it shall come into the possession of an owner other than as a
manufacturer, dealer, warehouseman, mortgagee or pledgee. New
and unused motor vehicles in the possession of a dealer solely
for the purpose of sale, and used or secondhand motor vehicles
which have not theretofore used the public streets or highways
of this state which are in the possession of a dealer solely for
the purpose of sale and which are duly listed as herein
provided, shall not be deemed to be vehicles using the public
streets or highways. The driving or operating of a motor
vehicle upon the public streets or highways of this state by a
motor vehicle dealer or any employee of such motor vehicle
dealer for demonstration purposes or for any purpose incident to
the usual and customary conduct and operation of his business in
which he has been licensed under section 168.27 to engage, or
solely for the purpose of moving it from points outside or
within the state to the place of business or storage of a
licensed dealer within the state or solely for the purpose of
moving it from the place of business of a manufacturer, or
licensed dealer within the state to the place of business or
residence of a purchaser outside the state, shall not be deemed
to be using the public streets or highways in the state within
the meaning of this chapter or of the Constitution of the State
of Minnesota, Article 14, and shall not be held to make the
motor vehicle subject to taxation under this chapter as one
using the public streets or highways, if during such driving or
moving the dealer's plates herein provided for shall be duly
displayed upon such vehicle. Any dealer or distributor may
register a motor vehicle prior to its assessment or taxation as
personal property, and pay the license fee and tax thereon for
the full calendar year as one using the public streets and
highways, and thereafter such vehicle shall be deemed to be one
using the public streets and highways and shall not be subject
to assessment or taxation as personal property during the
calendar year for which it is so registered, whether or not such
vehicle shall actually have used the streets or highways.
Sec. 18. Minnesota Statutes 1984, section 169.07, is
amended to read:
169.07 [UNAUTHORIZED SIGNS.]
No person shall place, maintain, or display upon or in view
of any highway any unauthorized sign, signal, marking, or device
which purports to be or is an imitation of or resembles an
official traffic-control device or railroad sign or signal, or
which attempts to direct the movement of traffic, or which hides
from view or interferes with the effectiveness of any official
traffic-control device or any railroad sign or signal, and no
person shall place or maintain, nor shall any public authority
permit, upon any highway any traffic sign or signal bearing
thereon any commercial advertising. This shall not be deemed to
prohibit (1) the erection upon private property adjacent to
highways of signs giving useful directional information and of a
type that cannot be mistaken for official signs, or (2) the
temporary placement by auctioneers licensed or exempt from
licensing under section 330.01, for a period of not more than
eight consecutive hours, on or adjacent to the right-of-way of a
highway not more than four signs directing motorists to the
location of an auction. The signs must conform to standards for
size, content, placement, and location for such signs
promulgated by the commissioner of transportation. The rules
may require a permit for each such sign but no fee may be
charged for the permit.
Every such prohibited sign, signal, or marking is hereby
declared to be a public nuisance, and the authority having
jurisdiction over the highways is hereby empowered to remove the
same, or cause it to be removed, without notice.
Sec. 19. Minnesota Statutes 1984, section 169.44, is
amended by adding a subdivision to read:
Subd. 18. [MOTOR COACH USED FOR SCHOOL ACTIVITIES.] A
school district or an area vocational technical institute shall
not acquire a motor coach. Motor coaches acquired by school
districts or area vocational technical institutes before the
effective date of this section may be used by school districts
or area vocational technical institutes only to transport
students participating in school activities, their instructors,
and supporting personnel, to and from school activities. The
motor coaches shall not in any way be outwardly equipped and
identified as school buses. A motor coach operated under this
subdivision is not a school bus for purposes of section
124.225. By August 1, 1986, the state board of education shall
adopt rules governing the equipment, identification, operation,
inspection, and certification of motor coaches operated under
this subdivision. After January 1, 1998, a school district or
area vocational technical institute shall not own or operate a
motor coach for any purpose.
Sec. 20. Minnesota Statutes 1984, section 169.99, is
amended by adding a subdivision to read:
Subd. 1b. The uniform traffic ticket must provide a blank
or space wherein an officer who issues a citation for a
violation of section 169.141 must specify whether the speed was
greater than ten miles per hours in excess of the speed
designated under that section.
Sec. 21. Minnesota Statutes 1984, section 171.02,
subdivision 3, is amended to read:
Subd. 3. [MOTORIZED BICYCLES.] No motorized bicycle shall
be operated on any public roadway by any person who does not
possess a valid drivers license, unless the person has obtained
a motorized bicycle operator's permit or motorized bicycle
instruction permit from the commissioner of public safety.
The operator's permit may be issued to any person who has
attained the age of 15 years and who has passed the examination
prescribed by the commissioner. The instruction permit may be
issued to any person who has attained the age of 15 years and
who has passed the written portion of the examination prescribed
by the commissioner. The commissioner may promulgate rules and
regulations prescribing the content of the examination and the
information to be contained on the permit permits.
The fees for motorized bicycle operator's permit permits
are as follows:
(a) Examination and operator's permit,
valid for one year $4
(b) Duplicate $2
(c) Renewal permit before age 18 19
and valid until age 18 19 $6
(d) Renewal permit after age 18 19
and valid for four years $10
(e) Duplicate of any renewal permit $3
(f) Written examination and
instruction permit, valid for
30 days $4
Sec. 22. Minnesota Statutes 1984, section 171.05, is
amended by adding a subdivision to read:
Subd. 3. Notwithstanding any provision in subdivision 1 to
the contrary, the department, upon application and payment of
the fee prescribed in section 1, may issue a motorized bicycle
instruction permit to an applicant who is 15 years of age and
who has successfully completed the written portion of the
examination prescribed by the commissioner. The holder of this
instruction permit who has the permit in possession may operate
a motorized bicycle within one mile of the holder's residence
for the purpose of practicing to take the operator portion of
the examination prescribed by the commissioner.
Sec. 23. Minnesota Statutes 1984, section 171.07,
subdivision 5, is amended to read:
Subd. 5. The department may provide a donor document to
each person making application for a driver's license or a
Minnesota identification card whereby any such person, 18 years
of age or more, may execute an anatomical gift, pursuant to the
provisions of the uniform anatomical gift act, sections 525.921
to 525.93. The commissioner of public safety shall prescribe
the form of the donor document. If the donor is 18 years of age
or older, the donor document must be signed by the donor in the
presence of two witnesses who must sign the donor document in
the donor's presence. If the donor cannot sign, the donor
document may be signed for the donor at the donor's direction,
in the donor's presence, and in the presence of two witnesses
who must sign the donor document in the donor's presence. If
the donor is a minor, the donor document must be signed by the
minor donor, and both of the minor donor's parents, a legal
guardian, or the parent or parents having legal custody. If the
minor cannot sign, the donor document may not be signed for the
minor. The department shall identify donors of anatomical gifts
by the designation "donor" on the front side of the donor's
driver's license or Minnesota identification card. The
designation "donor" shall constitute sufficient legal authority
for the removal of all body organs or parts upon death of the
donor for the purpose of transplantation and the designation
shall be removed only upon written notice to the department. No
designation may be noted upon the driver's license or Minnesota
identification card of any person under 18. Delivery of the
license or Minnesota identification card during the donor's
lifetime is not necessary to make the gift valid.
Sec. 24. Minnesota Statutes 1984, section 171.12, is
amended by adding a subdivision to read:
Subd. 6. [CERTAIN CONVICTIONS NOT RECORDED.] The
department shall not keep on the record of a driver any
conviction for a violation of section 169.141 unless the
violation consisted of a speed greater than ten miles per hour
in excess of the lawful speed designated under that section.
Sec. 25. Minnesota Statutes 1985 Supplement, section
171.27, is amended to read:
171.27 [EXPIRATION OF LICENSES.]
The expiration date for each driver's license, other than
provisional licenses, is the birthday of the driver in the
fourth year following the date of issuance of the license. The
birthday of the driver shall be as indicated on the application
for a driver's license. A license may be renewed on or before
expiration or within one year after expiration upon application,
payment of the required fee, and passing the examination
required of all drivers for renewal. Driving privileges shall
be extended or renewed on or preceding the expiration date of an
existing driver's license unless the commissioner believes that
the licensee is no longer qualified as a driver.
The expiration date for each provisional license shall be
the 18th 19th birthday of the licensee. Upon the provisional
licensee attaining the age of 18 19 and upon the application,
payment of the required fee, and passing the examination
required of all drivers for renewal, a driver's license shall be
issued if the commissioner deems the record of the provisional
licensee to be satisfactory.
Any valid Minnesota driver's license issued to a person
then or subsequently on active duty with the Armed Forces of the
United States, or the person's spouse, shall continue in full
force and effect without requirement for renewal until 90 days
after the date of the person's discharge from such service,
provided that a spouse's license must be renewed if the spouse
is residing within the state at the time the license expires or
within 90 days after the spouse returns to Minnesota and resides
within the state.
Sec. 26. Minnesota Statutes 1984, section 173.08,
subdivision 1, is amended to read:
Subdivision 1. [ADVERTISING DEVICES RESTRICTED.] No
advertising device, excepting the advertising devices described
and permitted under sections 173.01 to 173.27, shall be erected
or maintained in an adjacent area, after June 8, 1971, except
the following:
(a) Directional and other official signs, including, but
not limited to, signs pertaining to natural wonders, scenic and
historical attractions, which are required or authorized by law,
and which comply with regulations which shall be promulgated by
the commissioner relative to their lighting, size, spacing and
other requirements as may be appropriate to implement sections
173.01 to 173.27;
(b) Advertising devices advertising the sale or lease of
property upon which they are located, provided that there shall
not be more than one such sign, advertising the sale or lease of
the same property, visible to traffic proceeding in any one
direction on any one interstate or primary highway;
(c) Advertising devices advertising activities conducted on
the property on which they are located, including, without
limiting the generality of the foregoing, goods sold, stored,
manufactured, processed or mined thereon, services rendered
thereon, and entertainment provided thereon;
(d) Advertising devices stating the name and address of the
owner, lessee or occupant of such property or information
otherwise required or authorized by law to be posted or
displayed thereon;
(e) Public utility signs;
(f) Service club and religious notices;
(g) Advertising devices of which the advertising copy or
the name of the owner thereof is in no part visible from the
traveled way of the aforesaid highways;
(h) Advertising devices which are located, or which are to
be located, in business areas and which comply, or will comply
when erected, with the provisions of sections 173.01 to 173.27;
(i) Signs placed temporarily by auctioneers under section
169.07.
Sec. 27. Minnesota Statutes 1985 Supplement, section
221.033, subdivision 3, is amended to read:
Subd. 3. [VARIANCE, RULES.] The commissioner shall adopt
rules which provide a procedure for granting a variance from
those regulations adopted under subdivision 1 which prescribe
specifications for tank motor vehicles used to transport
gasoline. The variance may be granted only to persons who
transport gasoline in for tank motor vehicles with a capacity of
3,000 gallons or less that are used to transport gasoline and
which were designed and manufactured between 1950 and
1975 according to American society of mechanical engineers
specifications in effect at the time of manufacture to transport
petroleum products. The commissioner shall prescribe
alternative requirements to assure the safety of the tank motor
vehicles operated under the variance, and shall register each
tank motor vehicle operated under the variance.
Sec. 28. Laws 1974, chapter 151, section 3, is amended to
read:
Sec. 3. This act shall take effect upon the construction
of the trunk highway 12 Route No. 4 and Route No. 49 bypass of
Willmar.
Section 29. Laws 1977, chapter 402, section 2, is amended
to read:
Sec. 2. [LEXINGTON AVENUE SOUTH OF LARPENTEUR.]
The city of Saint Paul may not take or use existing park
land for the redesign, reconstruction or widening of Lexington
avenue south of Larpenteur avenue only if the redesign,
reconstruction or widening:
(a) does not result in a traveled way on Lexington avenue
between Horton avenue and Hoyt avenue greater than 32 feet,
except for turning lanes, and
(b) is consistent with the Como Park master plan approved
by the metropolitan council.
Sec. 30. [VARIANCE NOT REQUIRED.]
Notwithstanding any other provision of law that section of
Lexington avenue which is located within Como Park in the city
of Saint Paul does not require a variance from municipal
state-aid engineering standards in order to be redesigned,
reconstructed or widened, and is eligible for inclusion in the
money needs of the city on the same basis as other municipal
state-aid streets in the city.
Sec. 31. [HIGH OCCUPANCY VEHICLES.]
Subdivision 1. [HIGH OCCUPANCY LANES.] The commissioner of
transportation shall, in the design of any controlled access
highway within the metropolitan area as defined in Minnesota
Statutes, section 473.02, subdivision 5, consider the inclusion
in the design of one or more lanes of traffic reserved
exclusively for vehicles carrying two or more persons.
Subd. 2. [EXCLUSIVE BUS LANES.] The commissioner of
transportation shall, in the management of controlled access
highways within the metropolitan area as defined in Minnesota
Statutes, section 473.02, subdivision 5, which have entrance
ramps reserved exclusively for buses, consider the use of such
ramps by any vehicle carrying two or more persons.
Sec. 32. [RECONVEYANCE.]
Notwithstanding any other law, the proceeds from the
conveyance of excess real estate in the city of St. Cloud that
was acquired for the improvement of marked trunk highway No. 15
in the St. Cloud metropolitan area must be placed by the state
treasurer in a separate account if the excess real estate is
conveyed before the improvement is completed. All money in this
account is hereby appropriated to the commissioner for
expenditure only to pay the costs of completing the improvement
of marked trunk highway No. 15 in the St. Cloud metropolitan
area. The commissioner shall pay any money so appropriated
which is in excess of the amount required to complete the
improvement to the state treasurer for deposit in the trunk
highway fund. For purposes of this section "St. Cloud
metropolitan area" means the cities of St. Cloud, St. Joseph,
Sauk Rapids, Waite Park and Sartell and all towns contiguous to
those cities. For purposes of this section, "improvement" means
the segment of trunk highway No. 15 between county road No. 137
in St. Cloud and Benton Drive in Sauk Rapids.
Sec. 33. Laws 1985, First Special Session chapter 15,
section 9, subdivision 5, is amended to read:
Subd. 5. Construct rest areas
near the cities listed in this
subdivision 4,099,000
(a) Baptism River, on trunk
highway 61 156,000
This appropriation is added to the
appropriation in Laws 1983, chapter
344, section 6, subdivision 8, as
amended by Laws 1984, chapter 597,
section 54.
(b) Bigelow, on trunk highway 60,
including a travel information center 1,191,000
One-half the cost of staffing and
operating the travel information center
must be paid from sources other than
the trunk highway fund. The
commissioner may proceed with
construction only after agreements to
provide this funding are obtained.
(c) Orr, on trunk highway 53,
including a travel information center 573,000
$341,000 is for construction of parking
spaces.
$232,000 is for a grant to the city of
Orr for site acquisition and
development and construction of a
travel information center.
The costs of maintaining, staffing, and
operating the rest area and travel
information center must not be paid
from the trunk highway fund.
(d) St. Cloud, on trunk highway 10,
including a travel information center 1,145,000
One-half the cost of staffing and
operating the travel information center
must be paid from sources other than
the trunk highway fund. The
commissioner may proceed with
construction only after agreements to
provide this funding are obtained.
(e) St. Peter, on trunk highway 169 1,034,000
Sec. 34. Laws 1985, chapter 299, section 40, is amended to
read:
Sec. 40. [SPECIAL PERMIT.]
Subdivision 1. [PERMIT TO BE ISSUED.] Notwithstanding any
law to the contrary the commissioner of transportation shall
issue one special permit authorizing the operation for testing
purposes of a three vehicle combination consisting of a motor
vehicle, a "motorized hitch" and a trailer. The permit is valid
for one year from the date of issuance. The annual fee for the
permit is $30. The permit is subject to all applicable
provisions of Minnesota Statutes 1984, section 169.86, except as
otherwise provided in this subdivision. The holder of the
permit is responsible for all liability for personal injury,
property damage or time lost, which may occur as a result of the
operation of the combination for which the permit is issued, and
must, if a claim is made against the state or a department,
division officer or employee thereof arising from such
operation, defend, indemnify and hold them harmless.
Subd. 2. [REPEALER.] This section is repealed July 31, 1986
1987.
Sec. 35. [PREPAID FEES FOR TAX-EXEMPT VEHICLES CARRIED
FORWARD.]
The owner of a tax-exempt vehicle registered for the
two-year period beginning March 1, 1986, whose fees for
administrative handling, license plates, and filing exceeded $20
per vehicle, may apply the excess toward payment of
administrative handling fees for tax-exempt vehicles in
subsequent registration periods, as provided in this section.
Only payments made before the effective date of section 5 may be
applied to subsequent administrative handling fees. The
registrar shall notify each owner of a tax-exempt vehicle of the
amount of the credit, if any, for which the owner is eligible
under this section.
Sec. 36. [EXCHANGE OF LAND.]
Until July 1, 1988, the commissioner of transportation may
contract to dispose of and replace existing land, buildings, and
associated property located in the southwest quadrant of the
intersection of marked interstate highway no. 494 and France
Avenue South in the city of Bloomington. The property may be
replaced with land, buildings and associated property at a new
location if replacement would result in a clear public benefit.
A clear public benefit results if the following conditions are
satisfied:
(1) the present use of the property to be replaced is not
the highest and best use of the property compared to other
property located in the immediate, surrounding area;
(2) replacement will promote commercial and economic
development and employment in the area;
(3) replacement will not result in diminished service
provided by the department or result in significantly increased
future costs for the department due solely to the relocation of
its facilities;
(4) the replacement will result in a significant economic
benefit or interest to the state; and
(5) the procedures to effectuate replacement include an
open, competitive contracting process.
The commissioner may enter into a contract for purposes of this
paragraph only after presenting a report detailing the terms of
the contract to the chairs of the house appropriations committee
and the senate finance committee.
Sec. 37. [REPEALER.]
Minnesota Statutes 1984, section 171.15, subdivision 2, is
repealed.
Sec. 38. [EFFECTIVE DATES.]
Sections 5, 19, 27, 28, 32 and 34 are effective the day
following final enactment. Sections 29 and 30 are effective on
approval by the St. Paul city council and compliance with
Minnesota Statutes 1984, section 645.021.
Approved March 25, 1986
Official Publication of the State of Minnesota
Revisor of Statutes