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HF 202

as introduced - 88th Legislature (2013 - 2014) Posted on 01/28/2013 01:44pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to public safety; traffic regulations; amending local authority to establish
speed limits; amending Minnesota Statutes 2012, section 169.14, subdivisions
2, 5, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2012, section 169.14, subdivision 2, is amended to read:


Subd. 2.

Speed limits.

(a) Where no special hazard exists the following speeds
shall be lawful, but any speeds in excess of such limits shall be prima facie evidence
that the speed is not reasonable or prudent and that it is unlawful; except that the speed
limit within any municipality shall be a maximum limit and any speed in excess thereof
shall be unlawful:

(1) 30 miles per hour in an urban district;

(2) 65 miles per hour on noninterstate expressways, as defined in section 160.02,
subdivision 18b, and noninterstate freeways, as defined in section 160.02, subdivision 19;

(3) 55 miles per hour in locations other than those specified in this section;

(4) 70 miles per hour on interstate highways outside the limits of any urbanized area
with a population of greater than 50,000 as defined by order of the commissioner of
transportation;

(5) 65 miles per hour on interstate highways inside the limits of any urbanized area
with a population of greater than 50,000 as defined by order of the commissioner of
transportation;

(6) ten miles per hour in alleys;

(7) 25 miles per hour in residential roadways if adopted by the road authority having
jurisdiction over the residential roadway; and

(8) 35 miles per hour in a rural residential district if adopted by the road authority
having jurisdiction over the rural residential district.

(b) A speed limit adopted under paragraph (a), clause (7), is not effective unless the
road authority has erected signs designating the speed limit and indicating the beginning
and end of the residential roadway on which the speed limit applies.

(c) A speed limit adopted under paragraph (a), clause (8), is not effective unless the
road authority has erected signs designating the speed limit and indicating the beginning
and end of the rural residential district for the roadway on which the speed limit applies.

(d) Notwithstanding section 609.0331 or 609.101 or other law to the contrary, a
person who violates a speed limit established in this subdivision, or a speed limit designated
on an appropriate sign under deleted text begin subdivision 4, 5, 5b, 5c, or 5edeleted text end new text begin this sectionnew text end , by driving 20 miles
per hour or more in excess of the applicable speed limit, is assessed an additional surcharge
equal to the amount of the fine imposed for the speed violation, but not less than $25.

Sec. 2.

Minnesota Statutes 2012, section 169.14, subdivision 5, is amended to read:


Subd. 5.

new text begin Speed new text end zoning deleted text begin within local areadeleted text end new text begin on local roadsnew text end .

new text begin (a) new text end When local authorities
believe that the existing speed limit upon any street or highway, or part thereof, within
their respective jurisdictions and not a part of the trunk highway system is greater or less
than is reasonable or safe under existing conditions, they may request the commissioner
to authorize, upon the basis of an engineering and traffic investigation, the erection of
appropriate signs designating what speed is reasonable and safe, and the commissioner
may authorize the erection of appropriate signs designating a reasonable and safe speed
limit thereat, which speed limit shall be effective when such signs are erected. Any
speeds in excess of these speed limits shall be prima facie evidence that the speed is
not reasonable or prudent and that it is unlawful; except that any speed limit within any
municipality shall be a maximum limit and any speed in excess thereof shall be unlawful.

new text begin (b)new text end Alteration of speed limits on streets and highways shall be made only upon
authority of the commissioner except as provided in deleted text begin subdivisiondeleted text end new text begin subdivisionsnew text end 5anew text begin , 5b,
5c, and 5g
new text end .

Sec. 3.

Minnesota Statutes 2012, section 169.14, is amended by adding a subdivision
to read:


new text begin Subd. 5g. new text end

new text begin Speed zoning by local authority. new text end

new text begin (a) A local authority may by resolution
establish a speed limit on a street or highway under its jurisdiction if:
new text end

new text begin (1) the local authority passes a resolution, following a public hearing, identifying the
segment of street or highway for which an adjusted speed limit is proposed to be established;
new text end

new text begin (2) the local authority transmits a copy of the resolution to the commissioner for
review and comment;
new text end

new text begin (3) the commissioner has performed an engineering and traffic investigation; and
new text end

new text begin (4) the speed limit being established is no greater than ten miles per hour above or
below the speed limit recommended in the engineering and traffic investigation under
clause (3).
new text end

new text begin (b) The commissioner shall perform an engineering and traffic investigation upon
request of a local authority. A speed limit being established under this subdivision does
not require the consent of the commissioner.
new text end

new text begin (c) A speed limit established under this subdivision is effective upon (1) erection of
appropriate signs designating the speed limit and indicating the beginning and end of the
segment on which the speed limit applies, and (2) transmittance of a copy of the resolution
under paragraph (a) to the commissioner at least 60 days prior to the erection of the signs.
new text end

new text begin (d) Any speed in excess of a speed limit established under this subdivision shall be
unlawful.
new text end