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' NATURAL RESOURCES
<br />
<br /> vehicles
<br />
<br />.rson shall enter and operate
<br />~on, except where otherwise
<br /> owner, occupant, or lessee
<br />)sted notice of any kind or
<br />ng as it specifies the kind of
<br />es Allowed," "Snowmobiles
<br />.~ed," or words substantially
<br />
<br />~erson shall enter on any land
<br />:reational motor vehicle after
<br />. by the owner, occupant, or
<br />bear letters not less than two
<br />ational Vehicles Prohibited,"
<br />train Vehicles Prohibited," or
<br />wner, occupant or lessee may
<br />has been adopted by rule of
<br />;hall be posted at corners and
<br />sted shall serve so as to raise
<br />hal motor vehicle thereon had
<br />~ost notice as provided in this
<br />i a civil action for damage to
<br />
<br />or remove any notice or sign
<br />~. the person has no right, title,
<br />~han a duly constituted legal
<br />iited to tax-forfeited lands, as
<br />:stroy, damage, or remove any
<br />;tablished on state owned land
<br />i~rt by state grant-in-aid funds.
<br />.StoU
<br />..ws 1986, c. 444.
<br />
<br />the secretary of s~ate on Jan. 24.
<br />3 of Laws 1986, c. 444, provides
<br />idments "do not change the sub-
<br />statutes amended."
<br />
<br /> :ommentaries
<br /> use statute. 1977, 3 Wm. Miteh-
<br />
<br />cles under the influence of
<br />
<br />perate or be in physical control
<br />lis state or on the ice of any
<br />
<br />, clauses (a) and (d);
<br />subdivision 4; or
<br />; named in clauses (1) and (2).
<br />)f any snowmobile or all-terrain
<br />knows or has reason to believe
<br />e, as provided under paragraph
<br />
<br />DEPARTMENT OF NATURAL RESOURCES
<br />
<br />§ 84.91
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<br />(a), to operate the snowmobile or all-terrain vehicle anywhere in this state or on the ice of
<br />any boundary water of this state.
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<br /> (c) No owner or other person having charge or control of any snowmobile or all-terrain
<br />vehicle shall knowingly authorize or permit any person, who by reason of any physical or
<br />mental disability is incapable of operating the vehicle, to operate the snowmobile or
<br />all-terrain vehicle anywhere in this state or on the ice of any boundary water of this state.
<br />
<br /> Subd. 2. Arrest. Conservation officers of the department of natural resources,
<br />sheriffs, sheriff's deputies, and other peace officers may arrest a person for a violation
<br />under subdivision 1 without a warrant upon probable cause, if the violation was commit-
<br />ted in the officer's presence. If the violation did not occur in the officer's presence, the
<br />officer may arrest the person if the person was involved in a snowmobile or ail-terrain
<br />vehicle accident resulting in death, personal injury, or property damage.
<br />
<br /> Subd. 3. Preliminary screening test. When an officer authorized under subdivision 2
<br />to make arrests has reason to believe from the manner in which a person is operating,
<br />controlling, or acting upon departure from a snowmobile or all-terrain vehicle, or has
<br />operated or been in control of the vehicle, that the operator may be violating or has
<br />violated subdivision 1, paragraph (a), the officer may require the operator to provide a
<br />breath sample for a preliminary screening test using a device approved by the commis-
<br />sioner of public safety for this purpose. The results of the preliminary screening test
<br />shall be used for the purpose of deciding whether an arrest should be made under this
<br />section and whether to require the chemical tests authorized in section 84.911, but may
<br />not be used in any court action except to prove that a test was properly required of an
<br />operator under section 84.911. Following the preliminary screening test, additional tests
<br />may be required of the operator as provided under section 84.911. An operator who
<br />refuses a breath sample is subject to the provisions of section 84.911 unless, in compliance
<br />with that section, the operator submits to a blood, breath, or urine test to determine the
<br />presence of alcohol or a controlled substance.
<br />
<br /> Subd. 4. Evidence. In a prosecution for a violation of subdivision' 1, paragraph (a),
<br />the admission of evidence of the amount of alcohol or a control]ed substance in the
<br />person's blood, breath, or urine, is governed by section 361.12, subdivision 4.
<br />
<br /> Subd. 5. Penalties. (a) A person who violates any prohibition contained in subdivision
<br />1 is guilty of a misdemeanor. A person who violates any prohibition contained in
<br />subdivision i within five years of a prior conviction under that subdivision or civil liability
<br />under section 84.911, subdivision 2, or within ten years of two or more prior convictions
<br />under that subdivision or civil liability under section 84.911, subdivision 2, is guilty of a
<br />gross misdemeanor.
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<br /> (b) A person who operates a snowmobile or all-terrain vehicle during the period the
<br />person is prohibited from operating the vehicle under subdivision 6 is guilty of a
<br />misdemeanor.
<br />
<br /> Subd. 6. Operating privileges suspended. Upon conviction, and in addition to any
<br />penalty imposed under subdivision 5, the person is prohibited for one year from operating
<br />a snowmobile or all-terrain vehicle, whichever was involved in the violation.
<br />
<br /> Subd. 7. Duties of commissioner. The court shall promptly forward to the commis-
<br />sioner copies of all convictions and criminal and civil penalties imposed under subdivision
<br />5 and section 84.911, subdivision 2. The commissioner shall notify the convicted person of
<br />the period during which the person is prohibited from operating a snowmobile or
<br />all-terrain vehicle under subdivision 6 or section 84.911, subdivision 2. The commissioner
<br />shall also periodically circulate to appropriate law enforcement agencies a list of all
<br />persons who are prohibited from operating a snowmobile or all-terrain vehicle under
<br />subdivision 6 or section 84.911, subdivision 2.
<br />
<br /> Subd. 8. Immunity from liability. The state or political subdivision that employs an
<br />officer who is authorized under subdivision 2 to make an arrest for violations of
<br />subdivision 1 is immune from any liability, civil or criminal, for the care or custody of the
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