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84.928.1(h)

Statute ID: 15692

Statute Function ID: 33524

All-Terrain Vehicle - Operation w/in Public Right-Of-Way - Agriculture Zone - April 1- August 1

In Effect

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Classifications

Offense Level:

Petty Misdemeanor (PM)

General Offense Code:

DWI/Traffic/Vehicle Regulation (4)

Offense Summary Code & Rank:

Traffic/Accidents(exclude DWI) (J) (Rank 28)

Detailed Offense Code:

Off-Road Vehicle (491)

Offense Severity Level:

Function Text:

UCR Code

Description

999

NIBRS Non-Reportable

Flags

Crime of Violence:

Targeted Misdemeanor:

Predatory Offender Registration Review:

Enhanceable:

Certify to DPS:

Report to DNR:

Yes

DPS Group:

Conditional Release:

Payable:

Yes

Petty Misdemeanor Only if Prosecutor Certifies:

Yes

Third Violation Indicator:

Qualified Domestic Violence Related:

Nonviolent Controlled Substance Offender Review:

Wildlife Restitution:

Statute Number:

84.928.1(h)

Enactment Date:

Jun 13, 2015

Effective Date:

Jul 1, 2015

Expiration Date:

Repealed?:

Summary Text:

All-Terrain Vehicle - Operation w/in Public Right-Of-Way - Agriculture Zone - April 1- August 1

Statute ID:

15692

Created:

Jun 19, 2015 by mnjis.legal.analyst@state.mn.us

Updated:

Jun 19, 2015 by mnjis.legal.analyst@state.mn.us

Last Update Action:

Added

Legal Analyst Comment:

Amended 2015 SS1 c 4 art 4 sect 18; New (k); Petty Only if Certified; Report to DNR.

Summary Text:

All-Terrain Vehicle - Operation w/in Public Right-Of-Way - Agriculture Zone - April 1- August 1

Link to MN Statute Text:

https://www.revisor.leg.state.mn.us/stats/84/928.html

Legislative Session:

2015 - Regular

Session Law Text?:

Statute text last updated on:

Jun 19, 2015

(a) Unless otherwise allowed in sections 84.92 to 84.929 or by local ordinance under paragraph (k), a person shall not operate an all-terrain vehicle in this state along or on the roadway, shoulder, or inside bank or slope of a public road right-of-way of a trunk, county state-aid, or county highway.

(b) A person may operate a class 1 all-terrain vehicle in the ditch or the outside 
bank or slope of a trunk, county state-aid, or county highway unless prohibited under 
paragraph(d) or (f).

(c) A person may operate a class 1 all-terrain vehicle designed by the manufacturer for off-road use to be driven by a steering wheel and equipped with operator and passenger seat belts and a roll-over protective structure or a class 2 all-terrain vehicle:

(1) within the public road right-of-way of a county state-aid or county highway on the right shoulder or the extreme right-hand side of the road and left turns may be made from any part of the road if it is safe to do so under the prevailing conditions, unless prohibited under paragraph (d) or (f);

(2) on the bank, slope, or ditch of a public road right-of-way of a trunk, county state-aid, or county highway but only to access businesses or make trail connections, and left turns may be made from any part of the road if it is safe to do so under the prevailing conditions, unless prohibited under paragraph (d) or (f); and

(3) on the bank or ditch of a public road right-of-way on a designated class 2 all-terrain vehicle trail.

(d) A road authority as defined under section 160.02, subdivision 25, may after a public hearing restrict the use of all-terrain vehicles in the public road right-of-way under its jurisdiction.

(e) The restrictions in paragraphs (a), (d), (h), (i), and (j) do not apply to the operation of an all-terrain vehicle on the shoulder, inside bank or slope, ditch, or outside bank or slope of a trunk, interstate, county state-aid, or county highway:

(1) that is part of a funded grant-in-aid trail; or

(2) when the all-terrain vehicle is owned by or operated under contract with:

(i)a road authority as defined under section 160.02, subdivision 25; or

(ii) a publicly or privately owned utility or pipeline company, and used for work on utilities or pipelines:

(f) The commissioner may limit the use of a right-of-way for a period of time if the commissioner determines that use of the right-of-way causes:

(1) degradation of vegetation on adjacent public property;

(2) siltation of waters of the state;

(3) impairment or enhancement to the act of taking game; or

(4) a threat to safety of the right-of-way users or to individuals on adjacent public 
property.

The commissioner must notify the road authority as soon as it is known that a closure will be ordered. The notice must state the reasons and duration of the closure.

(g) A person may operate an all-terrain vehicle registered for private use and used for agricultural purposes on a public road right-of-way of a trunk, county state-aid, or county highway in this state if the all-terrain vehicle is operated on the extreme right-hand side of the road, and left turns may be made from any part of the road if it is safe to do so under the prevailing conditions.

(h) A person shall not operate an all-terrain vehicle within the public road 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 transportation to and 
from work on agricultural lands. This paragraph does not apply to an agent or employee 
of a road authority, as defined in section 160.02, subdivision 25, or the Department of 
Natural Resources when performing or exercising official duties or powers.

(i) A person shall not operate an all-terrain vehicle within the public road 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.

(j) 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.

(k) A county, city, or town, acting through its governing body, may by ordinance allow a person to operate an all-terrain vehicle on a public road or street under its jurisdiction to access businesses and residences and to make trail connections.