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HF 3943

1st Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
  1.1                          A bill for an act 
  1.2             relating to traffic regulations; modifying pedestrian 
  1.3             right-of-way at intersections and crosswalks; 
  1.4             authorizing pedestrian safety crossings; appropriating 
  1.5             money; amending Minnesota Statutes 1998, sections 
  1.6             169.01, subdivision 37; and 169.21, subdivisions 2 and 
  1.7             3; proposing coding for new law in Minnesota Statutes, 
  1.8             chapter 169. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1998, section 169.01, 
  1.11  subdivision 37, is amended to read: 
  1.12     Subd. 37.  [CROSSWALK.] "Crosswalk" means (1) that portion 
  1.13  of a roadway ordinarily included with the prolongation or 
  1.14  connection of the lateral lines of sidewalks at intersections, 
  1.15  or in the case of an intersection with no sidewalk and no marked 
  1.16  crosswalk, the width of the roadway from the intersection area 
  1.17  to a line ten feet therefrom; or (2) any portion of a roadway 
  1.18  distinctly indicated for pedestrian crossing by lines or other 
  1.19  markings on the surface. 
  1.20     Sec. 2.  Minnesota Statutes 1998, section 169.21, 
  1.21  subdivision 2, is amended to read: 
  1.22     Subd. 2.  [RIGHTS IN ABSENCE OF SIGNAL.] (a) Where 
  1.23  traffic-control signals are not in place or in operation, the 
  1.24  driver of a vehicle shall stop to yield the right-of-way to a 
  1.25  pedestrian crossing the roadway within a marked crosswalk or 
  1.26  within any crosswalk at an intersection but.  The driver must 
  1.27  remain stopped until the pedestrian has passed the lane in which 
  2.1   the vehicle is stopped.  No pedestrian shall suddenly leave a 
  2.2   curb or other place of safety and walk or run into the path of a 
  2.3   vehicle which is so close that it is impossible for the driver 
  2.4   to yield.  This provision shall not apply under the conditions 
  2.5   as otherwise provided in this subdivision. 
  2.6      (b) When any vehicle is stopped at a marked crosswalk or at 
  2.7   any unmarked crosswalk at an intersection to permit a pedestrian 
  2.8   to cross the roadway, the driver of any other vehicle 
  2.9   approaching from the rear shall not overtake and pass the 
  2.10  stopped vehicle. 
  2.11     (c) It is unlawful for any person to drive a motor vehicle 
  2.12  through a column of school children crossing a street or highway 
  2.13  or past a member of a school safety patrol or adult crossing 
  2.14  guard, while the member of the school safety patrol or adult 
  2.15  crossing guard is directing the movement of children across a 
  2.16  street or highway and while the school safety patrol member or 
  2.17  adult crossing guard is holding an official signal in the stop 
  2.18  position.  A peace officer may arrest the driver of a motor 
  2.19  vehicle if the peace officer has probable cause to believe that 
  2.20  the driver has operated the vehicle in violation of this 
  2.21  paragraph within the past four hours.  
  2.22     (d) A person who violates this subdivision is guilty of a 
  2.23  misdemeanor and may be sentenced to imprisonment for not more 
  2.24  than 90 days or to payment of a fine of not more than $700, or 
  2.25  both.  A person who violates this subdivision a second or 
  2.26  subsequent time within one year of a previous conviction under 
  2.27  this subdivision is guilty of a gross misdemeanor and may be 
  2.28  sentenced to imprisonment for not more than one year or to 
  2.29  payment of a fine of not more than $3,000, or both. 
  2.30     Sec. 3.  Minnesota Statutes 1998, section 169.21, 
  2.31  subdivision 3, is amended to read: 
  2.32     Subd. 3.  [CROSSING BETWEEN INTERSECTIONS.] Every 
  2.33  pedestrian crossing a roadway at any point other than within a 
  2.34  marked crosswalk or within an unmarked crosswalk at an 
  2.35  intersection shall yield the right-of-way to all vehicles upon 
  2.36  the roadway. 
  3.1      Any pedestrian crossing a roadway at a point where a 
  3.2   pedestrian tunnel or overhead pedestrian crossing has been 
  3.3   provided shall yield the right-of-way to all vehicles upon the 
  3.4   roadway. 
  3.5      Between adjacent intersections at which traffic-control 
  3.6   signals are in operation pedestrians shall not cross at any 
  3.7   place except in a marked crosswalk. 
  3.8      Notwithstanding the other provisions of this section every 
  3.9   driver of a vehicle shall:  (a) exercise due care to avoid 
  3.10  colliding with any bicycle or pedestrian upon any roadway and 
  3.11  (b) give an audible signal when necessary and exercise proper 
  3.12  precaution upon observing any child or any obviously confused or 
  3.13  incapacitated person upon a roadway. 
  3.14     Sec. 4.  [169.2151] [PEDESTRIAN SAFETY CROSSINGS.] 
  3.15     A local road authority may by ordinance provide for the 
  3.16  designation of pedestrian safety crossings on highways under the 
  3.17  road authority's jurisdiction where pedestrian safety 
  3.18  considerations require extra time for pedestrian crossing in 
  3.19  addition to the time recommended under the Minnesota manual of 
  3.20  uniform traffic control devices for pedestrian signals.  The 
  3.21  ordinance may provide for timing of pedestrian signals for such 
  3.22  crossings, consistent with the recommendations of the uniform 
  3.23  manual for pedestrian signal timing at senior citizen and 
  3.24  handicapped pedestrian crossings.  Cities other than cities of 
  3.25  the first class may designate a crossing as a pedestrian safety 
  3.26  crossing only with the approval of the road authority having 
  3.27  jurisdiction over the crossing.  The authority of local road 
  3.28  authorities to determine pedestrian signal timing under this 
  3.29  section is in addition to any other control exercised by local 
  3.30  road authorities over the timing of pedestrian signals. 
  3.31     Sec. 5.  [CROSSWALK SAFETY AWARENESS GRANTS.] 
  3.32     With the appropriation under section 6 the Minnesota safety 
  3.33  council shall continue its crosswalk safety awareness program by:
  3.34     (1) developing and distributing crosswalk safety education 
  3.35  campaign materials; 
  3.36     (2) creating and placing advertisements in mass media 
  4.1   throughout the state; and 
  4.2      (3) making grants to local units of government and law 
  4.3   enforcement agencies for: 
  4.4      (i) implementing pedestrian safety awareness activities; 
  4.5      (ii) providing increased signage and crosswalk markings and 
  4.6   evaluating their effect on highway safety; and 
  4.7      (iii) enhancing enforcement of pedestrian safety laws. 
  4.8      Sec. 6.  [APPROPRIATION.] 
  4.9      $300,000 is appropriated from the general fund to the 
  4.10  Minnesota safety council for the purposes stated in section 5. 
  4.11     Sec. 7.  [EFFECTIVE DATE.] 
  4.12     Sections 1 to 4 are effective September 1, 2000.  Sections 
  4.13  5 and 6 are effective July 1, 2000.