1.1                          A bill for an act 
  1.2             relating to traffic regulations; authorizing arrest of 
  1.3             vehicle operator within four hours of failing to 
  1.4             observe school patrol or adult crossing guard signals; 
  1.5             prohibiting passing a school bus on the right-hand 
  1.6             side while the bus is displaying flashing amber 
  1.7             prewarning signals; providing a criminal penalty; 
  1.8             amending Minnesota Statutes 1996, sections 169.21, 
  1.9             subdivision 2; and 169.444, subdivisions 2, 5, 6, 7, 
  1.10            and by adding a subdivision. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 1996, section 169.21, 
  1.13  subdivision 2, is amended to read: 
  1.14     Subd. 2.  [RIGHTS IN ABSENCE OF SIGNALS.] (a) Where 
  1.15  traffic-control signals are not in place or in operation, the 
  1.16  driver of a vehicle shall stop to yield the right-of-way to a 
  1.17  pedestrian crossing the roadway within a marked crosswalk or 
  1.18  within any crosswalk at an intersection but no pedestrian shall 
  1.19  suddenly leave a curb or other place of safety and walk or run 
  1.20  into the path of a vehicle which is so close that it is 
  1.21  impossible for the driver to yield.  This provision shall not 
  1.22  apply under the conditions as otherwise provided in this 
  1.23  subdivision. 
  1.24     (b) When any vehicle is stopped at a marked crosswalk or at 
  1.25  any unmarked crosswalk at an intersection to permit a pedestrian 
  1.26  to cross the roadway, the driver of any other vehicle 
  1.27  approaching from the rear shall not overtake and pass the 
  1.28  stopped vehicle. 
  2.1      (c) It is unlawful for any person to drive a motor vehicle 
  2.2   through a column of school children crossing a street or highway 
  2.3   or past a member of a school safety patrol or adult crossing 
  2.4   guard, while the member of the school safety patrol or adult 
  2.5   crossing guard is directing the movement of children across a 
  2.6   street or highway and while the school safety patrol member or 
  2.7   adult crossing guard is holding an official signal in the stop 
  2.8   position.  A peace officer may arrest the driver of a motor 
  2.9   vehicle if the peace officer has probable cause to believe that 
  2.10  the driver has operated the vehicle in violation of this 
  2.11  paragraph within the past four hours. 
  2.12     (d) A person who violates this subdivision is guilty of a 
  2.13  misdemeanor and may be sentenced to imprisonment for not more 
  2.14  than 90 days or to payment of a fine of not more than $700, or 
  2.15  both.  A person who violates this subdivision a second or 
  2.16  subsequent time within one year of a previous conviction under 
  2.17  this subdivision is guilty of a gross misdemeanor and may be 
  2.18  sentenced to imprisonment for not more than one year or to 
  2.19  payment of a fine of not more than $3,000, or both. 
  2.20     Sec. 2.  Minnesota Statutes 1996, section 169.444, is 
  2.21  amended by adding a subdivision to read: 
  2.22     Subd. 1a.  [PASSING ON RIGHT.] No person may pass or 
  2.23  attempt to pass a school bus in a motor vehicle on the 
  2.24  right-hand, passenger-door side of the bus when the school bus 
  2.25  is displaying the prewarning flashing amber signals as required 
  2.26  in section 169.443, subdivision 1. 
  2.27     Sec. 3.  Minnesota Statutes 1996, section 169.444, 
  2.28  subdivision 2, is amended to read: 
  2.29     Subd. 2.  [VIOLATIONS BY DRIVERS; PENALTIES.] (a) A person 
  2.30  who fails to stop a vehicle or to keep it stopped, as required 
  2.31  in subdivision 1, or who violates subdivision 1a, is guilty of a 
  2.32  misdemeanor punishable by a fine of not less than $300. 
  2.33     (b) A person is guilty of a gross misdemeanor if the person 
  2.34  fails to stop a motor vehicle or to keep it stopped, as required 
  2.35  in subdivision 1, and commits either or both of the following 
  2.36  acts: 
  3.1      (1) passes or attempts to pass the school bus in a motor 
  3.2   vehicle on the right-hand, passenger-door side of the bus; or 
  3.3      (2) passes or attempts to pass the school bus in a motor 
  3.4   vehicle when a school child is outside of and on the street or 
  3.5   highway used by the school bus or on the adjacent sidewalk. 
  3.6      Sec. 4.  Minnesota Statutes 1996, section 169.444, 
  3.7   subdivision 5, is amended to read: 
  3.8      Subd. 5.  [CAUSE FOR ARREST.] A peace officer may arrest 
  3.9   the driver of a motor vehicle if the peace officer has probable 
  3.10  cause to believe that the driver has operated the vehicle in 
  3.11  violation of subdivision 1 or 1a within the past four hours. 
  3.12     Sec. 5.  Minnesota Statutes 1996, section 169.444, 
  3.13  subdivision 6, is amended to read: 
  3.14     Subd. 6.  [VIOLATION; PENALTY FOR OWNERS AND LESSEES.] (a) 
  3.15  If a motor vehicle is operated in violation of subdivision 1 or 
  3.16  1a, the owner of the vehicle, or for a leased motor vehicle the 
  3.17  lessee of the vehicle, is guilty of a petty misdemeanor. 
  3.18     (b) The owner or lessee may not be fined under paragraph 
  3.19  (a) if (1) another person is convicted for that violation, or 
  3.20  (2) the motor vehicle was stolen at the time of the violation.  
  3.21     (c) Paragraph (a) does not apply to a lessor of a motor 
  3.22  vehicle if the lessor keeps a record of the name and address of 
  3.23  the lessee.  
  3.24     (d) Paragraph (a) does not prohibit or limit the 
  3.25  prosecution of a motor vehicle operator for violating 
  3.26  subdivision 1 or 1a.  
  3.27     (e) A violation under paragraph (a) does not constitute 
  3.28  grounds for revocation or suspension of the owner's or lessee's 
  3.29  driver's license.  
  3.30     Sec. 6.  Minnesota Statutes 1996, section 169.444, 
  3.31  subdivision 7, is amended to read: 
  3.32     Subd. 7.  [EVIDENTIARY PRESUMPTIONS.] (a) There is a 
  3.33  rebuttable presumption that signals described in section 169.442 
  3.34  were in working order and operable when a violation of 
  3.35  subdivision 1, 1a, 2, or 5 was allegedly committed, if the 
  3.36  signals of the applicable school bus were inspected and visually 
  4.1   found to be in working order and operable within 12 hours 
  4.2   preceding the incident giving rise to the violation. 
  4.3      (b) There is a rebuttable presumption that a motor vehicle 
  4.4   outwardly equipped and identified as a school bus satisfies all 
  4.5   of the identification and equipment requirements of section 
  4.6   169.441 when a violation of subdivision 1, 1a, 2, or 5 was 
  4.7   allegedly committed, if the applicable school bus bears a 
  4.8   current inspection certificate issued under section 169.451.