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86B.107.2(a)
Statute ID:
16410
Statute Function ID:
34622
Water Safety - Submerged Vehicles - Fail to remove submerged vehicle
In Effect
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Function Details
History
Text
Charge
Classifications
Offense Level:
Misdemeanor (M)
General Offense Code:
Other (9)
Offense Summary Code & Rank:
Crimes Against Govt (Y) (Rank 19)
Detailed Offense Code:
Fish and Game (Other) (991)
Offense Severity Level:
Function Text:
Misd per 86B.811.1(1)
UCR Code
Description
90Z
All Other Offenses
Flags
Crime of Violence:
No
Targeted Misdemeanor:
No
Predatory Offender Registration Review:
No
Enhanceable:
No
Certify to DPS:
No
Report to DNR:
Yes
DPS Group:
No
Conditional Release:
No
Payable:
No
Petty Misdemeanor Only if Prosecutor Certifies:
No
Third Violation Indicator:
No
Qualified Domestic Violence Related:
No
Nonviolent Controlled Substance Offender Review:
No
Wildlife Restitution:
No
Statute Number:
86B.107.2(a)
Enactment Date:
May 24, 2001
Effective Date:
Aug 1, 2001
Expiration Date:
Repealed?:
No
Summary Text:
Water Safety - Submerged Vehicles - Fail to remove submerged vehicle
Statute ID:
16410
Created:
Sep 21, 2016 by mnjis.legal.analyst@state.mn.us
Updated:
Sep 21, 2016 by mnjis.legal.analyst@state.mn.us
Last Update Action:
Added
Legal Analyst Comment:
Misd; DNR Required; Petty Only if Certified; Not on Payable List
Summary Text:
Water Safety - Submerged Vehicles - Fail to remove submerged vehicle
Link to MN Statute Text:
https://www.revisor.leg.state.mn.us/stats/86B/107.html
Legislative Session:
2001 - Regular
Session Law Text?:
No
Statute text last updated on:
Sep 21, 2016
(a) The owner of a submerged vehicle is responsible for removing the vehicle from waters of the state, unless the vehicle is permitted or otherwise exempt from removal. Removal must be completed within 30 days of the vehicle entering the water or being discovered in the water, unless the owner is notified in writing by the political subdivision having jurisdiction that the removal must be completed sooner. Upon request of the political subdivision the commissioner may extend the 30-day time period for removal. (b) The owner of the vehicle shall report that the vehicle is submerged in a body of water. The owner shall report the date and the circumstances surrounding the submergence to the sheriff of the county where the body of water is located within 48 hours of the vehicle entering the water. (c) If the vehicle is not removed according to paragraph (a), the political subdivision in whose jurisdiction the lake or watercourse is located shall remove the vehicle. The owner of the vehicle is subject to a civil penalty of not less than twice nor more than five times the costs incurred by the political subdivision to remove, process, and dispose of the vehicle. Civil penalties imposed under this section may be enforced and distributed as provided in section 115A.99. (d) The owner of a submerged vehicle is not responsible for removal of the vehicle if the vehicle was used without the owner's knowledge. This includes, but is not limited to, the operation of a vehicle that was under the control of a member of the owner's household. If the driver or operator of the vehicle is known, the driver or operator is responsible for removing the vehicle according to this section.
