Minnesota Session Laws - 2002
http://www.revisor.leg.state.mn.us/slaws_html/2002/c285.html
CHAPTER 285-H.F.No. 2882
An act relating to traffic regulations; regulating the
operation of electric personal assistive mobility
devices on roadways and sidewalks; amending Minnesota
Statutes 2000, sections 168.011, subdivision 4;
169.01, subdivision 3, by adding a subdivision;
171.01, subdivision 3; proposing coding for new law in
Minnesota Statutes, chapter 169.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 2000, section 168.011,
subdivision 4, is amended to read:
Subd. 4. [MOTOR VEHICLE.] (a) "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,
manufactured homes, and park trailers.
(b) "Motor vehicle" also includes an all-terrain vehicle,
as defined in section 84.92, subdivision 8, which (1) has at
least four wheels, (2) is owned and operated by a physically
disabled person, and (3) displays both physically disabled
license plates and a physically disabled certificate issued
under section 169.345, subdivision 3.
(c) "Motor vehicle" does not include an all-terrain vehicle
as defined in section 84.92, subdivision 8; except (1) an
all-terrain vehicle described in paragraph (b), or (2) an
all-terrain vehicle licensed as a motor vehicle before August 1,
1985, in which case 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.
(d) "Motor vehicle" does not include an electric personal
assistive mobility device as defined in section 169.01,
subdivision 90.
Sec. 2. Minnesota Statutes 2000, section 169.01,
subdivision 3, is amended to read:
Subd. 3. [MOTOR VEHICLE.] "Motor vehicle" means every
vehicle which is self-propelled and every vehicle which is
propelled by electric power obtained from overhead trolley
wires. Motor vehicle does not include an electric personal
assistive mobility device or a vehicle moved solely by human
power.
Sec. 3. Minnesota Statutes 2000, section 169.01, is
amended by adding a subdivision to read:
Subd. 90. [ELECTRIC PERSONAL ASSISTIVE MOBILITY
DEVICE.] "Electric personal assistive mobility device" means a
self-balancing device with two nontandem wheels, designed to
transport not more than one person, and operated by an electric
propulsion system that limits the maximum speed of the device to
15 miles per hour.
Sec. 4. [169.212] [OPERATION OF ELECTRIC PERSONAL
ASSISTIVE MOBILITY DEVICES.]
Subdivision 1. [RIGHTS AND RESPONSIBILITIES OF
PEDESTRIANS.] Except as otherwise provided by law, a person
operating an electric personal assistive mobility device has the
rights and responsibilities of a pedestrian.
Subd. 2. [OPERATION.] (a) An electric personal assistive
mobility device may be operated on a bicycle path.
(b) No person may operate an electric personal assistive
mobility device on a roadway, sidewalk, or bicycle path at a
rate of speed that is not reasonable and prudent under the
conditions. Every person operating an electric personal
assistive mobility device on a roadway, sidewalk, or bicycle
path is responsible for becoming and remaining aware of the
actual and potential hazards then existing on the roadway or
sidewalk and must use due care in operating the device.
(c) An electric personal assistive mobility device may be
operated on a roadway only:
(1) while making a direct crossing of a roadway in a marked
or unmarked crosswalk;
(2) where no sidewalk is available;
(3) where a sidewalk is so obstructed as to prevent safe
use;
(4) when so directed by a traffic control device or by a
peace officer; or
(5) temporarily in order to gain access to a motor vehicle.
(d) An electric personal assistive mobility device may not
be operated at any time on a roadway with a speed limit of more
than 35 miles per hour except to make a direct crossing of the
roadway in a marked crosswalk.
(e) An electric personal assistive mobility device may not
be operated at any time while carrying more than one person.
(f) A person operating an electric personal assistive
mobility device on a sidewalk must yield the right-of-way to
pedestrians at all times. A person operating an electric
personal assistive mobility device on a bicycle path must yield
the right-of-way to bicycles at all times.
Subd. 3. [REFLECTORS.] An electric personal assistive
mobility device may not be operated unless the device bears
reflectorized material on the front, back, and wheels, visible
at night from 600 feet when illuminated by the lower beams of
head lamps of a motor vehicle.
Subd. 4. [LOCAL REGULATION.] A local road authority may
not further regulate the operation of electric personal
assistive mobility devices, except that a local road authority
may allow and regulate the operation of these devices on
roadways within its jurisdiction that have a speed limit of more
than 35 miles per hour.
Sec. 5. Minnesota Statutes 2000, section 171.01,
subdivision 3, is amended to read:
Subd. 3. [MOTOR VEHICLE.] Every vehicle which that is
self-propelled, other than an electric personal assistive
mobility device as defined in section 169.01, subdivision 90,
and any vehicle propelled or drawn by a self-propelled vehicle,
and not deriving its power from overhead wires except
snowmobiles.
Presented to the governor March 25, 2002
Signed by the governor March 26, 2002, 2:27 p.m.
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