HF 2008

as introduced - 87th Legislature (2011 - 2012) Posted on 02/20/2012 03:31pm

A bill for an act
relating to public safety; traffic regulations; establishing a motorcycle road guard
certificate; providing criminal penalties; amending Minnesota Statutes 2010,
section 169.06, subdivision 4; proposing coding for new law in Minnesota
Statutes, chapter 171.

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

Section 1.

Minnesota Statutes 2010, section 169.06, subdivision 4, is amended to read:

Subd. 4.

Obedience to traffic-control signal or flagger; presumptions.

(a) The
driver of any vehicle shall obey the instructions of any official traffic-control device
applicable thereto placed in accordance with the provisions of this chapter, unless
otherwise directed by a police officer or by a deleted text begin certified overdimensional load escort driver deleted text end new text begin
flagger authorized under this subdivision new text end , subject to the exceptions granted the driver of
an authorized emergency vehicle in this chapter.

(b) No provision of this chapter for which official traffic-control devices are required
shall be enforced against an alleged violator if at the time and place of the alleged
violation an official device is not in proper position and sufficiently legible to be seen by
an ordinarily observant person. Whenever a particular section does not state that official
traffic-control devices are required, such section shall be effective even though no devices
are erected or in place.

(c) Whenever official traffic-control devices are placed in position approximately
conforming to the requirements of this chapter, such devices shall be presumed to have
been so placed by the official act or direction of lawful authority, unless the contrary
shall be established by competent evidence.

(d) Any official traffic-control device placed pursuant to the provisions of this
chapter and purporting to conform to the lawful requirements pertaining to such devices
shall be presumed to comply with the requirements of this chapter, unless the contrary
shall be established by competent evidence.

(e) A flagger in a designated work zone may stop vehicles and hold vehicles in place
until it is safe for the vehicles to proceed. A person operating a motor vehicle that has
been stopped by a flagger in a designated work zone may proceed after stopping only on
instruction by the flagger.

(f) An overdimensional load escort driver with a certificate issued under section
299D.085, while acting as a flagger escorting a legal overdimensional load, may stop
vehicles and hold vehicles in place until it is safe for the vehicles to proceed. A person
operating a motor vehicle that has been stopped by an escort driver acting as a flagger may
proceed only on instruction by the flagger or a police officer.

new text begin (g) A person may stop and hold vehicles in place until it is safe for the vehicles
to proceed, if the person: (1) holds a motorcycle road guard certificate issued under
section 171.60; (2) meets the safety and equipment standards for operating under the
certificate; and (3) is acting as a flagger escorting a motorcycle group ride. A flagger
operating as provided under this paragraph may direct operators of motorcycles within a
motorcycle group ride or other vehicle traffic, notwithstanding any contrary indication of a
traffic-control device, including stop signs or traffic-control signals. A person operating
a vehicle that has been stopped by a flagger under this paragraph may proceed only on
instruction by the flagger or a police officer.
new text end

Sec. 2.

new text begin [171.60] MOTORCYCLE ROAD GUARD CERTIFICATE.
new text end

new text begin Subdivision 1. new text end

new text begin Certificate required. new text end

new text begin No person may perform traffic control as a
motorcycle road guard as provided under chapter 169 without a valid motorcycle road
guard certificate issued by the commissioner.
new text end

new text begin Subd. 2. new text end

new text begin Certification qualifications and standards; fee. new text end

new text begin Through the Minnesota
Motorcycle Safety Center, the commissioner of public safety shall:
new text end

new text begin (1) establish qualifications and requirements for a person to obtain a motorcycle road
guard certificate under this section, which must include:
new text end

new text begin (i) a minimum 18 years of age;
new text end

new text begin (ii) possession of a valid driver's license; and
new text end

new text begin (iii) successful completion of a motorcycle road guard certification course;
new text end

new text begin (2) develop and offer, whether by the Minnesota Motorcycle Safety Center or
authorized agents, a motorcycle road guard certification course; and
new text end

new text begin (3) establish safety and equipment standards for a person who operates under a
motorcycle road guard certificate, including but not limited to specifying requirements
for a reflective safety vest.
new text end

new text begin Subd. 3. new text end

new text begin Fee. new text end

new text begin The commissioner of public safety shall assess a fee for each applicant
for a motorcycle road guard certificate, calculated to cover the commissioner's cost of
establishing and administering the program.
new text end

new text begin Subd. 4. new text end

new text begin Penalty. new text end

new text begin A person who violates any provision of this section is guilty
of a petty misdemeanor.
new text end

new text begin Subd. 5. new text end

new text begin Rulemaking. new text end

new text begin The commissioner of public safety shall adopt rules to carry
out the provisions of this section. Notwithstanding section 16A.1283, the rules must
specify the fee to be assessed under subdivision 3.
new text end

Sec. 3. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 and 2, subdivisions 1 to 4, are effective one year after publication in the
State Register of rules adopted under section 2, subdivision 5. Section 2, subdivision 5, is
effective the day following final enactment.
new text end