| Minnesota Criminal Justice Statute Service | Bureau of Criminal Apprehension

84.804.2

Statute ID: 8349

Statute Function ID: 5501

Off-Road Vehicle-Crossing Public Right of Way

In Effect

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Charge

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:

DPS Group:

Conditional Release:

Payable:

Petty Misdemeanor Only if Prosecutor Certifies:

Yes

Third Violation Indicator:

Qualified Domestic Violence Related:

Nonviolent Controlled Substance Offender Review:

Wildlife Restitution:

Statute Number:

84.804.2

Enactment Date:

Jan 1, 1859

Effective Date:

Jul 1, 1993

Expiration Date:

Repealed?:

Summary Text:

Off-Road Vehicle-Crossing Public Right of Way

Statute ID:

8349

Created:

Sep 1, 2006 by mnjis.legal.analyst@state.mn.us

Updated:

Dec 30, 2008 by mnjis.legal.analyst@state.mn.us

Last Update Action:

System

Legal Analyst Comment:

Summary Text:

Off-Road Vehicle-Crossing Public Right of Way

Link to MN Statute Text:

https://www.revisor.leg.state.mn.us/stats/84/804.html

Legislative Session:

0 - NA

Session Law Text?:

Statute text last updated on:

Sep 1, 2006

(a) An off-road vehicle not registered under chapter 168 may make a direct crossing of a public road right-of-way for the purpose of continuing on a designated off-road trail if:
(1) the crossing is made at an angle of approximately 90 degrees to the direction of the road and at a place where no obstruction prevents a quick and safe crossing;
(2) the vehicle is brought to a complete stop before crossing the shoulder or main traveled way of the road;
(3) the driver yields the right-of-way to all traffic;
(4) in crossing a divided road, the crossing is made only at an intersection of the road with another public road; and
(5) if the crossing is made between the hours of one-half hour after sunset to one-half hour before sunrise or in conditions of reduced visibility, only if both front and rear lights are on.
(b) An off-road vehicle not registered under chapter 168 may be operated on a bridge, other than a bridge that is part of the main traveled lanes of an interstate highway, or a roadway shoulder or inside bank of a public road right-of-way when required to avoid obstructions to travel and no other method of avoidance is possible, provided that the vehicle is operated in the farthest right-hand lane, the entrance to the roadway is made within 100 feet of the bridge or obstacle, and the crossing is made without undue delay.
(c) A person may not operate an off-road vehicle on a public street or highway unless the off-road vehicle is equipped with at least one headlight and one taillight, each of minimum candlepower as prescribed by rules of the commissioner, and with brakes conforming to standards prescribed by rule of the commissioner, and all of which are subject to the approval of the commissioner of public safety.
(d) Chapter 169 applies to the operation of off-road vehicles on streets and highways, except that those provisions that by their nature have no application and those provisions relating to required equipment do not apply to vehicles not registered under chapter 168. Chapter 169A applies to the operation of off-road vehicles anywhere in the state and on the ice of boundary waters.
(e) A road authority, as defined in section 160.02, subdivision 25, may, with the approval of the commissioner, designate access trails on public road rights-of-way for gaining access to established off-road vehicle trails.