HF 1289

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:47am

A bill for an act
relating to motor vehicles; requiring probable cause for spot inspection of motor
vehicles by state troopers; repealing provision for implied consent to inspection;
amending Minnesota Statutes 2008, section 169.771, subdivision 2; repealing
Minnesota Statutes 2008, section 169.771, subdivision 4.

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

Section 1.

Minnesota Statutes 2008, section 169.771, subdivision 2, is amended to read:

Subd. 2.

Inspection by state trooper.

(a) The commissioner of public safety deleted text begin is
directed to accelerate deleted text end new text begin shall conduct new text end spot-check inspections deleted text begin for unsafe deleted text end new text begin of new text end motor vehicles
and motor vehicle equipment new text begin in accordance with this subdivision new text end . Such inspections deleted text begin shall deleted text end new text begin
must new text end be conducted by deleted text begin the personnel of the deleted text end State Patrol new text begin officers new text end who shall give the operator
of a commercial motor vehicle a signed and dated document as evidence of the inspection.

new text begin (b) The State Patrol may conduct a spot-check inspection of a commercial motor
vehicle only with probable cause or incident to a lawful traffic stop. Probable cause means:
new text end

new text begin (1) the officer, through observation, reasonably believes the vehicle or equipment
is unsafe;
new text end

new text begin (2) the officer, through observation, reasonably believes the operator of the vehicle
has engaged in illegal activity; or
new text end

new text begin (3) the officer reasonably suspects the vehicle operator of a moving traffic violation.
new text end

new text begin Transportation of a specific type of farm or forest product in a vehicle is not by itself
sufficient to support an officer's determination of probable cause for an inspection.
new text end

deleted text begin (b) However, personnel of the State Patrol deleted text end new text begin (c) An officer new text end may not conduct deleted text begin another
spot deleted text end new text begin a spot-check new text end inspection of a commercial motor vehicle if deleted text begin (1) deleted text end the operator of the
vehicle can show evidence of an inspection, which is free of critical defects, conducted in
Minnesota according to this section or section 169.781 within the previous 90 days deleted text begin and
(2) a state trooper does not have probable cause to believe the vehicle or its equipment
is unsafe or that the operator has engaged in illegal activity deleted text end . deleted text begin In addition deleted text end new text begin However new text end , if the
operator shows the state trooper evidence that the commercial motor vehicle has been
inspected within the previous 90 days, but the officer has probable cause to believe the
vehicle or its equipment is unsafe or to suspect illegal activity, then the vehicle may be
inspected to confirm the existence or absence of an unsafe condition or of the suspected
illegal activity.

new text begin (d) An officer who stops a vehicle under authority of this subdivision shall provide
the operator with a signed and dated document disclosing the reason for the stop or the
probable cause leading to the stop.
new text end

new text begin (e) Inspections under this subdivision may not be conducted on private property or
within two miles of a fixed scale located on private property.
new text end

Sec. 2. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, section 169.771, subdivision 4, new text end new text begin is repealed.
new text end

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

new text begin Sections 1 and 2 are effective the day following final enactment.
new text end