1 | 1 | | 1.1 A bill for an act |
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2 | 2 | | 1.2 relating to natural resources; modernizing statutes related to the registration, |
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3 | 3 | | 1.3 transfer, and operation of snowmobiles; amending Minnesota Statutes 2022, |
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4 | 4 | | 1.4 sections 84.788, subdivision 5; 84.82, subdivision 2, by adding a subdivision; |
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5 | 5 | | 1.5 84.821, subdivision 2; 84.84; 84.86, subdivision 1; 84.87, subdivision 1; repealing |
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6 | 6 | | 1.6 Minnesota Rules, parts 6100.5000, subparts 3, 4, 5; 6100.5700, subpart 4. |
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7 | 7 | | 1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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8 | 8 | | 1.8 Section 1. Minnesota Statutes 2022, section 84.788, subdivision 5, is amended to read: |
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9 | 9 | | 1.9 Subd. 5.Report of ownership transfers; fee.(a) Application for transfer of ownership |
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10 | 10 | | 1.10of an off-highway motorcycle registered under this section must be made to the commissioner |
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11 | 11 | | 1.11within 15 days of the date of transfer. |
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12 | 12 | | 1.12 (b) An application for transfer must be executed by the registered current owner and the |
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13 | 13 | | 1.13purchaser using a bill of sale that includes the vehicle serial number. |
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14 | 14 | | 1.14 (c) The purchaser is subject to the penalties imposed by section 84.774 if the purchaser |
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15 | 15 | | 1.15fails to apply for transfer of ownership as provided under this subdivision. |
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16 | 16 | | 1.16 Sec. 2. Minnesota Statutes 2022, section 84.82, subdivision 2, is amended to read: |
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17 | 17 | | 1.17 Subd. 2.Application, issuance, issuing fee.(a) Application for registration or |
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18 | 18 | | 1.18reregistration shall be made to the commissioner or an authorized deputy registrar of motor |
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19 | 19 | | 1.19vehicles in a format prescribed by the commissioner and shall state the legal name and |
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20 | 20 | | 1.20address of every owner of the snowmobile. |
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21 | 21 | | 1.21 (b) A person who purchases a snowmobile from a retail dealer shall make application |
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22 | 22 | | 1.22for registration to the dealer at the point of sale. The dealer shall issue a dealer temporary |
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23 | 23 | | 1Sec. 2. |
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24 | 24 | | REVISOR CKM/HL 23-0064112/12/22 |
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25 | 25 | | State of Minnesota |
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26 | 26 | | This Document can be made available |
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27 | 27 | | in alternative formats upon request |
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28 | 28 | | HOUSE OF REPRESENTATIVES |
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29 | 29 | | H. F. No. 609 |
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30 | 30 | | NINETY-THIRD SESSION |
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31 | 31 | | Authored by Hansen, R.,01/19/2023 |
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32 | 32 | | The bill was read for the first time and referred to the Committee on Environment and Natural Resources Finance and Policy 2.121-day registration permit to each purchaser who applies to the dealer for registration. The |
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33 | 33 | | 2.2temporary permit must contain the dealer's identification number and phone number. Each |
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34 | 34 | | 2.3retail dealer shall submit completed registration and fees to the deputy registrar at least once |
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35 | 35 | | 2.4a week. No fee may be charged by a dealer to a purchaser for providing the temporary |
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36 | 36 | | 2.5permit. |
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37 | 37 | | 2.6 (c) Upon receipt of the application and the appropriate fee, the commissioner or deputy |
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38 | 38 | | 2.7registrar shall issue to the applicant, or provide to the dealer, an assigned registration number |
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39 | 39 | | 2.8or a commissioner or deputy registrar temporary 21-day permit. The registration number |
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40 | 40 | | 2.9must be printed on a registration decal issued by the commissioner or a deputy registrar. |
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41 | 41 | | 2.10Once issued, the registration number decal must be affixed to the snowmobile in a clearly |
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42 | 42 | | 2.11visible and permanent manner for enforcement purposes as the commissioner of natural |
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43 | 43 | | 2.12resources shall prescribe according to subdivision 3b. A dealer subject to paragraph (b) |
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44 | 44 | | 2.13shall provide the registration materials or temporary permit to the purchaser within the |
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45 | 45 | | 2.14temporary 21-day permit period. The registration is not valid unless signed by at least one |
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46 | 46 | | 2.15owner. |
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47 | 47 | | 2.16 (d) Each deputy registrar of motor vehicles acting pursuant to section 168.33 shall also |
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48 | 48 | | 2.17be a deputy registrar of snowmobiles. The commissioner of natural resources in agreement |
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49 | 49 | | 2.18with the commissioner of public safety may prescribe the accounting and procedural |
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50 | 50 | | 2.19requirements necessary to ensure efficient handling of registrations and registration fees. |
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51 | 51 | | 2.20Deputy registrars shall strictly comply with these accounting and procedural requirements. |
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52 | 52 | | 2.21 (e) In addition to other fees prescribed by law, an issuing fee of $4.50 is charged for |
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53 | 53 | | 2.22each snowmobile registration renewal, duplicate or replacement registration card, and |
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54 | 54 | | 2.23replacement decal, and an issuing fee of $7 is charged for each snowmobile registration and |
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55 | 55 | | 2.24registration transfer issued by: |
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56 | 56 | | 2.25 (1) a registrar or a deputy registrar and must be deposited in the manner provided in |
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57 | 57 | | 2.26section 168.33, subdivision 2; or |
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58 | 58 | | 2.27 (2) the commissioner and must be deposited in the state treasury and credited to the |
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59 | 59 | | 2.28snowmobile trails and enforcement account in the natural resources fund. |
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60 | 60 | | 2.29 Sec. 3. Minnesota Statutes 2022, section 84.82, is amended by adding a subdivision to |
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61 | 61 | | 2.30read: |
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62 | 62 | | 2.31 Subd. 3b.Display of registration decal.(a) A person must not operate a snowmobile |
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63 | 63 | | 2.32in the state or allow another to operate the person's snowmobile in the state unless the |
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64 | 64 | | 2Sec. 3. |
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65 | 65 | | REVISOR CKM/HL 23-0064112/12/22 3.1snowmobile has its unexpired registration decal affixed to each side of the snowmobile and |
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66 | 66 | | 3.2the decals are legible. |
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67 | 67 | | 3.3 (b) The registration decal must be affixed: |
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68 | 68 | | 3.4 (1) for snowmobiles made after June 30, 1972, in the areas provided by the manufacturer |
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69 | 69 | | 3.5under section 84.821, subdivision 2; and |
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70 | 70 | | 3.6 (2) for all other snowmobiles, on each side of the cowling on the upper half of the |
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71 | 71 | | 3.7snowmobile. |
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72 | 72 | | 3.8 (c) When any previously affixed registration decal is destroyed or lost, a duplicate must |
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73 | 73 | | 3.9be affixed in the same manner as provided in paragraph (b). |
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74 | 74 | | 3.10 Sec. 4. Minnesota Statutes 2022, section 84.821, subdivision 2, is amended to read: |
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75 | 75 | | 3.11 Subd. 2.Area for registration number.All snowmobiles made after June 30, 1972, |
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76 | 76 | | 3.12and sold in Minnesota, shall be designed and made to provide an area on which to affix the |
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77 | 77 | | 3.13registration number decal. This area shall be at a location and of dimensions prescribed by |
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78 | 78 | | 3.14rule of the commissioner. A clear area must be provided on each side of the cowling with |
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79 | 79 | | 3.15a minimum size of 3-1/2 square inches and at least 12 inches from the ground when the |
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80 | 80 | | 3.16machine is resting on a hard surface. |
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81 | 81 | | 3.17 Sec. 5. Minnesota Statutes 2022, section 84.84, is amended to read: |
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82 | 82 | | 3.18 84.84 TRANSFER OR TERMINATION OF SNOWMOBILE OWNERSHIP. |
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83 | 83 | | 3.19 (a) Within 15 days after the transfer of ownership, or any part thereof, other than a |
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84 | 84 | | 3.20security interest, or the destruction or abandonment of any snowmobile, written notice of |
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85 | 85 | | 3.21the transfer or destruction or abandonment shall be given to the commissioner in such form |
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86 | 86 | | 3.22as the commissioner shall prescribe. |
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87 | 87 | | 3.23 (b) An application for transfer must be executed by the registered current owner and the |
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88 | 88 | | 3.24purchaser using a bill of sale that includes the vehicle serial number. |
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89 | 89 | | 3.25 (c) The purchaser is subject to the penalties imposed by section 84.88 if the purchaser |
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90 | 90 | | 3.26fails to apply for transfer of ownership as provided under this subdivision. Every owner or |
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91 | 91 | | 3.27part owner of a snowmobile shall, upon failure to give notice of destruction or abandonment, |
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92 | 92 | | 3.28be subject to the penalties imposed by section 84.88. |
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93 | 93 | | 3Sec. 5. |
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94 | 94 | | REVISOR CKM/HL 23-0064112/12/22 4.1 Sec. 6. Minnesota Statutes 2022, section 84.86, subdivision 1, is amended to read: |
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95 | 95 | | 4.2 Subdivision 1.Required rules, fees, and reports.(a) With a view of achieving maximum |
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96 | 96 | | 4.3use of snowmobiles consistent with protection of the environment the commissioner of |
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97 | 97 | | 4.4natural resources shall adopt rules in the manner provided by chapter 14, for the following |
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98 | 98 | | 4.5purposes: |
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99 | 99 | | 4.6 (1) registration of snowmobiles and display of registration numbers.; |
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100 | 100 | | 4.7 (2) use of snowmobiles insofar as game and fish resources are affected.; |
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101 | 101 | | 4.8 (3) use of snowmobiles on public lands and waters, or on grant-in-aid trails.; |
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102 | 102 | | 4.9 (4) uniform signs to be used by the state, counties, and cities, which are necessary or |
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103 | 103 | | 4.10desirable to control, direct, or regulate the operation and use of snowmobiles.; |
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104 | 104 | | 4.11 (5) specifications relating to snowmobile mufflers.; and |
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105 | 105 | | 4.12 (6) a comprehensive snowmobile information and safety education and training program, |
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106 | 106 | | 4.13including that includes but is not limited to the preparation and dissemination of preparing |
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107 | 107 | | 4.14and disseminating snowmobile information and safety advice to the public, the training of |
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108 | 108 | | 4.15snowmobile operators, and the issuance of issuing snowmobile safety certificates to |
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109 | 109 | | 4.16snowmobile operators who successfully complete the snowmobile safety education and |
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110 | 110 | | 4.17training course. |
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111 | 111 | | 4.18 (b) For the purpose of administering such the program under paragraph (a), clause (6), |
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112 | 112 | | 4.19and to defray expenses of training and certifying snowmobile operators, the commissioner |
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113 | 113 | | 4.20shall collect a fee from each person who receives the youth or adult training. The |
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114 | 114 | | 4.21commissioner shall collect a fee, to include a $1 issuing fee for licensing agents, for issuing |
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115 | 115 | | 4.22a duplicate snowmobile safety certificate. The commissioner shall establish both fees in a |
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116 | 116 | | 4.23manner that neither significantly overrecovers nor underrecovers costs, including overhead |
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117 | 117 | | 4.24costs, involved in providing the services. The fees are not subject to the rulemaking provisions |
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118 | 118 | | 4.25of chapter 14, and section 14.386 does not apply. The fees may be established by the |
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119 | 119 | | 4.26commissioner notwithstanding section 16A.1283. The fees, except for the issuing fee for |
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120 | 120 | | 4.27licensing agents under this subdivision, shall be deposited in the snowmobile trails and |
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121 | 121 | | 4.28enforcement account in the natural resources fund and the amount thereof, except for the |
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122 | 122 | | 4.29electronic licensing system commission established by the commissioner under section |
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123 | 123 | | 4.3084.027, subdivision 15, and issuing fees collected by the commissioner, is appropriated |
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124 | 124 | | 4.31annually to the Enforcement Division of the Department of Natural Resources for the |
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125 | 125 | | 4.32administration of such administering the programs. In addition to the fee established by the |
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126 | 126 | | 4.33commissioner, instructors may charge each person any fee paid by the instructor for the |
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127 | 127 | | 4Sec. 6. |
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128 | 128 | | REVISOR CKM/HL 23-0064112/12/22 5.1person's online training course and up to the established fee amount for class materials and |
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129 | 129 | | 5.2expenses. The commissioner shall cooperate with private organizations and associations, |
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130 | 130 | | 5.3private and public corporations, and local governmental units in furtherance of the program |
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131 | 131 | | 5.4established under this paragraph (a), clause (6). School districts may cooperate with the |
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132 | 132 | | 5.5commissioner and volunteer instructors to provide space for the classroom portion of the |
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133 | 133 | | 5.6training. The commissioner shall consult with the commissioner of public safety in regard |
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134 | 134 | | 5.7to training program subject matter and performance testing that leads to the certification of |
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135 | 135 | | 5.8snowmobile operators. |
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136 | 136 | | 5.9 (7) (c) The operator of any snowmobile involved in an accident resulting in injury |
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137 | 137 | | 5.10requiring medical attention or hospitalization to or death of any person or total damage to |
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138 | 138 | | 5.11an extent of $500 or more, shall forward a written report of the accident to the commissioner |
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139 | 139 | | 5.12on such a form as prescribed by the commissioner shall prescribe. If the operator is killed |
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140 | 140 | | 5.13or is unable to file a report due to incapacitation, any peace officer investigating the accident |
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141 | 141 | | 5.14shall file the accident report within ten business days. |
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142 | 142 | | 5.15 Sec. 7. Minnesota Statutes 2022, section 84.87, subdivision 1, is amended to read: |
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143 | 143 | | 5.16 Subdivision 1.Operation on streets and highways.(a) No person shall operate a |
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144 | 144 | | 5.17snowmobile upon the roadway, shoulder, or inside bank or slope of any trunk, county |
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145 | 145 | | 5.18state-aid, or county highway in this state and, in the case of a divided trunk or county |
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146 | 146 | | 5.19highway, on the right-of-way between the opposing lanes of traffic, except as provided in |
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147 | 147 | | 5.20sections 84.81 to 84.90. No person shall operate a snowmobile within the right-of-way of |
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148 | 148 | | 5.21any trunk, county state-aid, or county highway between the hours of one-half hour after |
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149 | 149 | | 5.22sunset to one-half hour before sunrise, except on the right-hand side of such right-of-way |
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150 | 150 | | 5.23and in the same direction as the highway traffic on the nearest lane of the roadway adjacent |
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151 | 151 | | 5.24thereto. No snowmobile shall be operated at any time within the right-of-way of any interstate |
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152 | 152 | | 5.25highway or freeway within this state. |
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153 | 153 | | 5.26 (b) Notwithstanding any provision of paragraph (a) to the contrary: |
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154 | 154 | | 5.27 (1) under conditions prescribed by the commissioner of transportation, the commissioner |
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155 | 155 | | 5.28of transportation may allow two-way operation of snowmobiles on either side of the trunk |
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156 | 156 | | 5.29highway right-of-way where the commissioner of transportation determines that two-way |
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157 | 157 | | 5.30operation will not endanger users of the trunk highway or riders of the snowmobiles using |
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158 | 158 | | 5.31the trail; |
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159 | 159 | | 5.32 (2) under conditions prescribed by a local road authority as defined in section 160.02, |
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160 | 160 | | 5.33subdivision 25, the road authority may allow two-way operation of snowmobiles on either |
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161 | 161 | | 5.34side of the right-of-way of a street or highway under the road authority's jurisdiction, where |
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162 | 162 | | 5Sec. 7. |
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163 | 163 | | REVISOR CKM/HL 23-0064112/12/22 6.1the road authority determines that two-way operation will not endanger users of the street |
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164 | 164 | | 6.2or highway or riders of the snowmobiles using the trail; |
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165 | 165 | | 6.3 (3) the commissioner of transportation under clause (1) and the local road authority |
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166 | 166 | | 6.4under clause (2) shall notify the commissioner of natural resources and the local law |
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167 | 167 | | 6.5enforcement agencies responsible for the streets or highways of the locations of two-way |
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168 | 168 | | 6.6snowmobile trails authorized under this paragraph; and |
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169 | 169 | | 6.7 (4) two-way snowmobile trails authorized under this paragraph shall be posted for |
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170 | 170 | | 6.8two-way operation at the authorized locations. |
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171 | 171 | | 6.9 (c) A snowmobile may make a direct crossing of a street or highway at any hour of the |
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172 | 172 | | 6.10day provided: |
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173 | 173 | | 6.11 (1) the crossing is made at an angle of approximately 90 degrees to the direction of the |
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174 | 174 | | 6.12highway and at a place where no obstruction prevents a quick and safe crossing; |
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175 | 175 | | 6.13 (2) the snowmobile is brought to a complete stop before crossing the shoulder or main |
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176 | 176 | | 6.14traveled way of the highway; |
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177 | 177 | | 6.15 (3) the driver yields the right-of-way to all oncoming traffic which constitutes an |
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178 | 178 | | 6.16immediate hazard; |
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179 | 179 | | 6.17 (4) in crossing a divided highway, the crossing is made only at an intersection of such |
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180 | 180 | | 6.18highway with another public street or highway or at a safe location approved by the road |
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181 | 181 | | 6.19authority; |
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182 | 182 | | 6.20 (5) if the crossing is made between the hours of one-half hour after sunset to one-half |
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183 | 183 | | 6.21hour before sunrise or in conditions of reduced visibility, only if both front and rear lights |
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184 | 184 | | 6.22are on; and |
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185 | 185 | | 6.23 (6) a snowmobile may be operated upon a bridge, other than a bridge that is part of the |
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186 | 186 | | 6.24main traveled lanes of an interstate highway, when required for the purpose of avoiding |
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187 | 187 | | 6.25obstructions to travel when no other method of avoidance is possible; provided the |
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188 | 188 | | 6.26snowmobile is operated in the extreme right-hand lane, the entrance to the roadway is made |
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189 | 189 | | 6.27within 100 feet of the bridge and the crossing is made without undue delay. |
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190 | 190 | | 6.28 (d) No snowmobile shall be operated upon a public street or highway unless it is equipped |
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191 | 191 | | 6.29with at least one headlamp, one tail lamp, each of minimum candlepower as prescribed by |
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192 | 192 | | 6.30rules of the commissioner, reflector material of a minimum area of 16 square inches mounted |
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193 | 193 | | 6.31on each side forward of the handle bars, and with brakes each of which shall conform to |
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194 | 194 | | 6.32standards prescribed by rule of the commissioner pursuant to the authority vested in the |
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195 | 195 | | 6Sec. 7. |
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196 | 196 | | REVISOR CKM/HL 23-0064112/12/22 7.1commissioner by section 84.86, and each of which shall be subject to approval of the |
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197 | 197 | | 7.2commissioner of public safety. |
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198 | 198 | | 7.3 (e) A snowmobile may be operated upon a public street or highway other than as provided |
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199 | 199 | | 7.4by paragraph (c) in an emergency during the period of time when and at locations where |
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200 | 200 | | 7.5snow upon the roadway renders travel by automobile impractical. |
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201 | 201 | | 7.6 (f) All provisions of chapters 169 and 169A shall apply to the operation of snowmobiles |
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202 | 202 | | 7.7upon streets and highways, except for those relating to required equipment, and except those |
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203 | 203 | | 7.8which by their nature have no application. Section 169.09 applies to the operation of |
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204 | 204 | | 7.9snowmobiles anywhere in the state or on the ice of any boundary water of the state. |
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205 | 205 | | 7.10 (g) Any sled, trailer, or other device being towed by a snowmobile must be equipped |
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206 | 206 | | 7.11with reflective materials as required by rule of the commissioner. |
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207 | 207 | | 7.12 Sec. 8. REGISTRATION DECAL FORMAT TRANSITION. |
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208 | 208 | | 7.13 Separately displaying registration numbers is not required when a larger-format |
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209 | 209 | | 7.14registration decal as provided under Minnesota Statutes, section 84.82, subdivision 2, is |
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210 | 210 | | 7.15displayed according to Minnesota Statutes, section 84.82, subdivision 3b. Snowmobiles |
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211 | 211 | | 7.16displaying valid but older, smaller-format registration decals must display the separate |
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212 | 212 | | 7.17registration numbers. Persons may obtain duplicate registration decals in the new, larger |
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213 | 213 | | 7.18format, when available, without being required to display the separate registration numbers. |
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214 | 214 | | 7.19 Sec. 9. REPEALER. |
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215 | 215 | | 7.20 Minnesota Rules, parts 6100.5000, subparts 3, 4, and 5; and 6100.5700, subpart 4, are |
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216 | 216 | | 7.21repealed. |
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217 | 217 | | 7Sec. 9. |
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218 | 218 | | REVISOR CKM/HL 23-0064112/12/22 6100.5000SNOWMOBILE REGISTRATION AND DISPLAY OF NUMBERS. |
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219 | 219 | | Subp. 3.Affixation of number.The registration number of the snowmobile, shown |
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220 | 220 | | on the registration certificate, shall be affixed to the snowmobile and maintained in a clear, |
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221 | 221 | | legible manner. On all machines made after June 30, 1972, and sold in Minnesota, such |
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222 | 222 | | registration number shall be affixed in the space provided therefor in accordance with part |
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223 | 223 | | 6100.5700, subpart 4. On all other machines it shall be affixed on each side of the cowling |
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224 | 224 | | on the upper half of the machine, as follows. |
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225 | 225 | | [ Image Not Shown ] |
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226 | 226 | | Subp. 4.Description of decal or number; lost or destroyed number or decal.All |
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227 | 227 | | letters and numbers shall be of a color which will contrast with the surface to which applied, |
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228 | 228 | | and shall be at least three inches high and three-eighths inch stroke. When any previously |
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229 | 229 | | affixed registration number or decal is destroyed or lost, a duplicate shall be affixed in the |
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230 | 230 | | manner shown above. The registration number shall remain the same if renewed by July 1 |
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231 | 231 | | following the expiration date. |
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232 | 232 | | Subp. 5.General prohibition.No person shall operate or transport, and no person |
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233 | 233 | | shall permit the operation of, a snowmobile within this state which does not have its |
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234 | 234 | | registration number and unexpired decal affixed in the form and manner required by this |
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235 | 235 | | part, unless the owner is exempted from the registration requirements of this state by |
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236 | 236 | | Minnesota Statutes, section 84.82. |
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237 | 237 | | 6100.5700REQUIRED EQUIPMENT. |
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238 | 238 | | Subp. 4.Snowmobile registration number affixation.All snowmobiles made after |
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239 | 239 | | June 30, 1972, and sold in Minnesota, shall be designed and made to provide an area on |
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240 | 240 | | which to affix the snowmobile registration number at the following location and of the |
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241 | 241 | | following dimensions: |
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242 | 242 | | A.A clear area shall be provided on each side of the cowling or pan with the |
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243 | 243 | | minimum size of 3-1/2 inches vertical by 11 inches horizontal. |
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244 | 244 | | B.It shall be a minimum of 12 inches from the ground when the machine is resting |
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245 | 245 | | on a hard surface. |
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246 | 246 | | 1R |
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247 | 247 | | APPENDIX |
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248 | 248 | | Repealed Minnesota Rules: 23-00641 |
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