HF 3943

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to traffic regulations; prescribing display 
  1.3             period for "Walk" and "Don't Walk" signals at 
  1.4             intersections; clarifying pedestrian right-of-way at 
  1.5             intersections; appropriating money for pedestrian 
  1.6             safety awareness campaign; amending Minnesota Statutes 
  1.7             1998, sections 169.06, subdivision 6; and 169.21, 
  1.8             subdivisions 2, 3, and by adding a subdivision. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1998, section 169.06, 
  1.11  subdivision 6, is amended to read: 
  1.12     Subd. 6.  [PEDESTRIAN CONTROL SIGNAL.] Whenever special 
  1.13  pedestrian-control signals exhibiting the words "Walk" or "Don't 
  1.14  Walk" are in place such signals shall indicate as follows: 
  1.15     (a) A "Walk", flashing or steady.  Pedestrians facing such 
  1.16  signals may proceed across the roadway in the direction of the 
  1.17  signal must display for at least a period sufficient to allow a 
  1.18  pedestrian walking at a speed of three feet per second to cross 
  1.19  the roadway. 
  1.20     (b) "Don't Walk", flashing or steady.  No pedestrian shall 
  1.21  start to cross the roadway in the direction of such signals, but 
  1.22  any pedestrian who has partially crossed on the "Walk" signal 
  1.23  shall proceed to a sidewalk or safety island while the "Don't 
  1.24  Walk" signal is showing.  A flashing "Don't Walk" signal must 
  1.25  display for at least a period sufficient to allow a pedestrian 
  1.26  walking at a speed of three feet per second to cross the roadway.
  1.27     (c) A pedestrian crossing a roadway in conformity with this 
  2.1   section is lawfully within the intersection and, when in a 
  2.2   crosswalk, is lawfully within the crosswalk. 
  2.3      Sec. 2.  Minnesota Statutes 1998, section 169.21, is 
  2.4   amended by adding a subdivision to read: 
  2.5      Subd. 1a.  [RIGHTS IN PRESENCE OF SIGNAL.] Pedestrians 
  2.6   facing "Walk" signals may proceed across the roadway in the 
  2.7   direction of the signal and must be given the right-of-way by 
  2.8   drivers of all vehicles.  Pedestrians shall not start to cross 
  2.9   the roadway in the direction of "Don't Walk" signals, whether 
  2.10  flashing or steady, but any pedestrian who has partially crossed 
  2.11  on the "Walk" signal shall proceed to a sidewalk or safety 
  2.12  island while the "Don't Walk" signal is showing. 
  2.13     Sec. 3.  Minnesota Statutes 1998, section 169.21, 
  2.14  subdivision 2, is amended to read: 
  2.15     Subd. 2.  [RIGHTS IN ABSENCE OF SIGNAL.] (a) Where 
  2.16  traffic-control signals are not in place or in operation, the 
  2.17  driver of a vehicle shall stop to yield the right-of-way to a 
  2.18  pedestrian crossing the roadway within a marked or unmarked 
  2.19  crosswalk or within any crosswalk at an intersection but without 
  2.20  a marked crosswalk.  The driver must remained stopped until the 
  2.21  pedestrian has passed the lane in which the vehicle is stopped.  
  2.22  No pedestrian shall suddenly leave a curb or other place of 
  2.23  safety and walk or run into the path of a vehicle which is so 
  2.24  close that it is impossible for the driver to yield.  This 
  2.25  provision shall not apply under the conditions as otherwise 
  2.26  provided in this subdivision. 
  2.27     (b) When any vehicle is stopped at a marked crosswalk or at 
  2.28  any unmarked crosswalk at an intersection to permit a pedestrian 
  2.29  to cross the roadway, the driver of any other vehicle 
  2.30  approaching from the rear shall not overtake and pass the 
  2.31  stopped vehicle. 
  2.32     (c) It is unlawful for any person to drive a motor vehicle 
  2.33  through a column of school children crossing a street or highway 
  2.34  or past a member of a school safety patrol or adult crossing 
  2.35  guard, while the member of the school safety patrol or adult 
  2.36  crossing guard is directing the movement of children across a 
  3.1   street or highway and while the school safety patrol member or 
  3.2   adult crossing guard is holding an official signal in the stop 
  3.3   position.  A peace officer may arrest the driver of a motor 
  3.4   vehicle if the peace officer has probable cause to believe that 
  3.5   the driver has operated the vehicle in violation of this 
  3.6   paragraph within the past four hours.  
  3.7      (d) A person who violates this subdivision is guilty of a 
  3.8   misdemeanor and may be sentenced to imprisonment for not more 
  3.9   than 90 days or to payment of a fine of not more than $700, or 
  3.10  both.  A person who violates this subdivision a second or 
  3.11  subsequent time within one year of a previous conviction under 
  3.12  this subdivision is guilty of a gross misdemeanor and may be 
  3.13  sentenced to imprisonment for not more than one year or to 
  3.14  payment of a fine of not more than $3,000, or both. 
  3.15     Sec. 4.  Minnesota Statutes 1998, section 169.21, 
  3.16  subdivision 3, is amended to read: 
  3.17     Subd. 3.  [CROSSING BETWEEN INTERSECTIONS.] Every 
  3.18  pedestrian crossing a roadway at any point other than within a 
  3.19  marked crosswalk or within an unmarked crosswalk at an 
  3.20  intersection without a marked crosswalk shall yield the 
  3.21  right-of-way to all vehicles upon the roadway. 
  3.22     Any pedestrian crossing a roadway at a point where a 
  3.23  pedestrian tunnel or overhead pedestrian crossing has been 
  3.24  provided shall yield the right-of-way to all vehicles upon the 
  3.25  roadway. 
  3.26     Between adjacent intersections at which traffic-control 
  3.27  signals are in operation pedestrians shall not cross at any 
  3.28  place except in a marked crosswalk. 
  3.29     Notwithstanding the other provisions of this section every 
  3.30  driver of a vehicle shall:  (a) exercise due care to avoid 
  3.31  colliding with any bicycle or pedestrian upon any roadway and 
  3.32  (b) give an audible signal when necessary and exercise proper 
  3.33  precaution upon observing any child or any obviously confused or 
  3.34  incapacitated person upon a roadway. 
  3.35     Sec. 5.  [CROSSWALK SAFETY AWARENESS GRANTS.] 
  3.36     The Minnesota safety council shall make grants to local 
  4.1   units of government and law enforcement agencies to continue the 
  4.2   crosswalk safety awareness campaign.  Recipients of grants may 
  4.3   spend the grants on the following activities: 
  4.4      (1) implementing pedestrian safety awareness activities; 
  4.5      (2) providing increased signage and crosswalk markings and 
  4.6   evaluating effect on crosswalk safety; 
  4.7      (3) developing and distributing crosswalk safety education 
  4.8   campaign materials; 
  4.9      (4) creating and placing advertisements in mass media 
  4.10  throughout the state; and 
  4.11     (5) enhancing enforcement of the pedestrian safety law. 
  4.12     Sec. 6.  [APPROPRIATION.] 
  4.13     $300,000 is appropriated from the ..... fund to the 
  4.14  Minnesota safety council for the purposes stated in section 5. 
  4.15     Sec. 7.  [EFFECTIVE DATE.] 
  4.16     Sections 1 to 4 are effective September 1, 2000.  Sections 
  4.17  5 and 6 are effective July 1, 2000.