SF 2462

as introduced - 92nd Legislature (2021 - 2022) Posted on 05/16/2021 09:16am

A bill for an act
relating to public safety; limiting the authority for peace officers to stop or detain
drivers for certain motor vehicle equipment violations; proposing coding for new
law in Minnesota Statutes, chapter 169.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [169.984] VEHICLE EQUIPMENT SECONDARY OFFENSES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) As used in this section, the following terms have the
meanings given.
new text end

new text begin (b) "Dangerous condition" means a situation where an improper or malfunctioning piece
of motor vehicle equipment creates a substantial, identifiable risk to human life.
new text end

new text begin (c) "Mandatory secondary offense" means a violation of section 168.09, subdivision 1
(vehicle registration); 169.50, subdivision 2 (license plate illumination); 169.69 (muffler
required); 169.693 (exceed motor vehicle noise limits); 169.71, subdivision 1, paragraph
(a), clause (2) or (3), and subdivision 2 (windshield prohibitions/windshield wipers required);
169.71, subdivision 4, clauses (1) to (4) (restrictions on mirrored/glazed windows); or
169.79, subdivision 8 (license plate validation stickers).
new text end

new text begin (d) "Presumptive secondary offense" means a violation of section 169.47, subdivision
1, paragraph (a) (unsafe equipment); 169.49 (headlamps); 169.55, subdivision 1 (lamps
required); 169.50, subdivision 1, paragraph (b) (rear lamps); 169.57, subdivision 1, paragraph
(a), and subdivision 3 (turn signals required/lamp/signal maintenance); 169.63, paragraph
(a) (use of headlamps); or 169.71, subdivision 1, paragraph (a), clause (1) (certain windshield
prohibitions).
new text end

new text begin Subd. 2. new text end

new text begin Secondary offenses. new text end

new text begin (a) A peace officer may not stop or detain the operator of
a motor vehicle for a mandatory secondary offense, and may not issue a citation for a
mandatory secondary offense, unless:
new text end

new text begin (1) the officer lawfully stopped or detained the operator of the motor vehicle for a moving
violation that was not related to operation or maintenance of the vehicle's equipment; or
new text end

new text begin (2) the motor vehicle was unoccupied.
new text end

new text begin (b) This subdivision does not apply to a commercial motor vehicle.
new text end

new text begin Subd. 3. new text end

new text begin Presumptive secondary offenses. new text end

new text begin (a) A peace officer may not stop or detain
the operator of a motor vehicle for a presumptive secondary offense, and may not issue a
citation for a presumptive secondary offense, unless:
new text end

new text begin (1) the officer lawfully stopped or detained the operator of the motor vehicle for a moving
violation that was not related to operation or maintenance of the vehicle's equipment;
new text end

new text begin (2) the motor vehicle was unoccupied; or
new text end

new text begin (3) as otherwise provided for in this subdivision.
new text end

new text begin (b) A peace officer may stop or detain an operator of a motor vehicle for a presumptive
secondary offense when the officer has reasonable and articulable suspicion that the operator
has committed a presumptive secondary offense and any of the following circumstances
exist:
new text end

new text begin (1) the operator is in violation of section 169.47, subdivision 1, paragraph (a) (unsafe
equipment), in a manner that creates a dangerous condition;
new text end

new text begin (2) the operator is in violation of section 169.50, subdivision 1, paragraph (b) (tail lamps);
169.55, subdivision 1 (lamps required); or 169.63, paragraph (a) (use of headlamps), and
none of the headlamps are functioning or none of the tail lamps are functioning;
new text end

new text begin (3) the operator is in violation of section 169.57, subdivision 1, paragraph (a), or
subdivision 3 (turn signals required/lamp/signal maintenance), and none of the vehicle's
stop lamps are functioning; or
new text end

new text begin (4) the operator is in violation of section 169.71, subdivision 1, paragraph (a), clause
(1) (certain windshield prohibitions), and the violation creates an imminent threat to human
life.
new text end

new text begin (c) This subdivision does not apply to a commercial motor vehicle.
new text end

new text begin Subd. 4. new text end

new text begin Warning letter. new text end

new text begin If an officer does not have grounds to stop a vehicle or detain
the operator of a motor vehicle for a mandatory secondary offense or presumptive secondary
offense and the officer can identify the owner of the vehicle, the officer's agency is
encouraged to send a letter to the owner of the vehicle identifying the violation and instructing
the owner to correct the defect or otherwise remedy the violation.
new text end