HF 1416

as introduced - 90th Legislature (2017 - 2018) Posted on 03/08/2018 05:35pm

A bill for an act
relating to public safety; authorizing peace officers to issue citations based on
report from work zone flagger; prohibiting wireless communications device use
in work zones; amending Minnesota Statutes 2016, sections 169.06, subdivision
4a; 169.475, subdivision 3.

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

Section 1.

Minnesota Statutes 2016, section 169.06, subdivision 4a, is amended to read:

Subd. 4a.

Obedience to work zone flagger; violation, penalty.

(a) A flagger in a 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 work zone may
proceed after stopping only on instruction by the flagger or a police officer.

(b) A person convicted of operating a motor vehicle in violation of a speed limit in a
work zone, or any other provision of this section while in a work zone, shall be required to
pay a fine of $300. This fine is in addition to the surcharge under section 357.021, subdivision
6. new text begin A peace officer may issue a citation to the driver of a motor vehicle if the peace officer
has probable cause to believe that the driver has operated the vehicle in violation of paragraph
(a) within the four-hour period immediately following the termination of the incident or the
receipt of a report under this paragraph. Although probable cause may be satisfied by other
evidentiary elements or factors, for purposes of this section probable cause is satisfied if
(1) the person cited is operating the vehicle described by a work zone flagger in a timely
report of the violation of this section, and (2) the work zone flagger's report includes a
description of the vehicle used to commit the offense and the vehicle's license plate number.
For the purposes of citation issuance under this paragraph, "timely" means the report must
be made within the four-hour period immediately following the termination of the incident.
new text end

(c) If a motor vehicle is operated in violation of paragraph (a), the owner of the vehicle,
or for a leased motor vehicle the lessee of the vehicle, is guilty of a petty misdemeanor and
is subject to a fine as provided in paragraph (b). The owner or lessee may not be fined under
this paragraph if (1) another person is convicted for that violation, or (2) the motor vehicle
was stolen at the time of the violation. This paragraph does not apply to a lessor of a motor
vehicle if the lessor keeps a record of the name and address of the lessee.

(d) Paragraph (c) does not prohibit or limit the prosecution of a motor vehicle operator
for violating paragraph (a).

(e) A violation under paragraph (c) does not constitute grounds for revocation or
suspension of a driver's license.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2017, and applies to violations
that occur on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2016, section 169.475, subdivision 3, is amended to read:

Subd. 3.

Exceptions.

new text begin (a) new text end This section does not apply if a wireless communications device
is used:

(1) solely in a voice-activated or other hands-free mode;

(2) deleted text begin for making deleted text end new text begin to make new text end a cellular phone call;

(3) deleted text begin for obtaining deleted text end new text begin to obtain new text end emergency assistance to (i) report a traffic accident, medical
emergency, or serious traffic hazard, or (ii) prevent a crime about to be committed;

(4) in the reasonable belief that a person's life or safety is in immediate danger; or

(5) in an authorized emergency vehicle while in the performance of official duties.

new text begin (b) The exception in paragraph (a), clause (2), does not apply to a person who uses a
wireless communications device while operating a motor vehicle in a work zone. For
purposes of this paragraph, use of a wireless communications device includes using the
device for a purpose other than communication.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2017, and applies to violations
that occur on or after that date.
new text end