1.1                          A bill for an act 
  1.2             relating to highways; requiring the commissioner of 
  1.3             transportation to allow use of freeway and expressway 
  1.4             shoulders by certain buses operated by intrastate 
  1.5             motor carriers of passengers where such use is 
  1.6             permitted for transit buses; authorizing eligible 
  1.7             vanpool vehicles to use highway shoulders on I-494; 
  1.8             specifying driving rules for buses and vans using 
  1.9             highway shoulders; proposing coding for new law in 
  1.10            Minnesota Statutes, chapter 169; repealing Minnesota 
  1.11            Statutes 2001 Supplement, section 16C.03, subdivision 
  1.12            4a. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  [169.306] [USE OF SHOULDERS BY BUSES.] 
  1.15     If the commissioner of transportation permits the use by 
  1.16  transit buses of a shoulder of a freeway or expressway, as 
  1.17  defined in section 160.02, in the seven-county metropolitan 
  1.18  area, the commissioner shall permit the use on that shoulder of 
  1.19  a bus with a sitting capacity of 40 passengers operated by a 
  1.20  motor carrier of passengers, as defined in section 221.011, 
  1.21  subdivision 48, while operating in intrastate commerce. 
  1.22     Buses authorized to use the shoulder under this section may 
  1.23  be operated on the shoulder only when mainline traffic speeds 
  1.24  are less than 35 miles per hour.  Drivers of buses being 
  1.25  operated on the shoulder, may not exceed the speed of mainline 
  1.26  traffic by more than 15 miles per hour and may never exceed 35 
  1.27  miles per hour.  Drivers of buses being operated on the shoulder 
  1.28  must yield to merging, entering, and exiting traffic and must 
  1.29  yield to other vehicles on the shoulder.  Buses operated on the 
  2.1   shoulder must be registered with the department of 
  2.2   transportation. 
  2.3      Sec. 2.  [VANPOOL DEMONSTRATION PROJECT.] 
  2.4      Subdivision 1.  [DEFINITIONS.] The terms used in this 
  2.5   section have the meanings given them in this subdivision. 
  2.6      (a) An "eligible vanpool" is a commuter van, within the 
  2.7   meaning of Minnesota Statutes, section 221.011, subdivision 27, 
  2.8   that: 
  2.9      (1) has a current vanpool registration through metropolitan 
  2.10  council, metro commuter services; 
  2.11     (2) bears a Minnesota vanpool (VP) license plate; 
  2.12     (3) bears a permanent sign on the front and the rear of the 
  2.13  vehicle in letters not less than four inches high, stating the 
  2.14  vehicle's right to operate on shoulder lanes during peak traffic 
  2.15  hours, Monday through Friday; and 
  2.16     (4) displays a certificate issued by the commissioner of 
  2.17  public safety stating that on a certain date, which must be 
  2.18  within 13 months of the date of operation, a member of the 
  2.19  Minnesota state patrol inspected the van and found that on the 
  2.20  date of inspection the vehicle complied with the applicable 
  2.21  provisions of state law relating to construction, design, 
  2.22  equipment, and signage. 
  2.23     (b) A "certified vanpool driver" is a holder of a Minnesota 
  2.24  driver's license who has obtained an original or renewal vanpool 
  2.25  driver safety certification within the previous 12 months 
  2.26  through the successful completion of a vanpool driver safety 
  2.27  training course offered by the metropolitan council's metro 
  2.28  commuter services or its designee. 
  2.29     Subd. 2.  [AUTHORIZATION TO USE SHOULDER LANES.] An 
  2.30  eligible vanpool that is: 
  2.31     (1) driven by a certified vanpool driver; 
  2.32     (2) carrying a minimum of three passengers, exclusive of 
  2.33  the driver; and 
  2.34     (3) equipped and operated as described in this section, may 
  2.35  be operated on designated bus-only highway shoulders on I-494 
  2.36  between highways marked Nos. 100 and 212 during peak travel 
  3.1   hours, Monday through Friday. 
  3.2      Subd. 3.  [SPEED LIMIT FOR OPERATION OF VANPOOL ON SHOULDER 
  3.3   LANES.] A person may not drive a vanpool on a designated highway 
  3.4   shoulder at a speed greater than is reasonable and prudent under 
  3.5   the conditions.  Any speed in excess of 35 miles per hour is 
  3.6   unlawful. 
  3.7      Subd. 4.  [VEHICLE LIGHTING.] An eligible vanpool may be 
  3.8   operated on a shoulder lane only if it is equipped with four-way 
  3.9   flashers and a roof-mounted, 360-degree, flashing strobe lamp 
  3.10  that emits a yellow light.  The flashers and strobe light must 
  3.11  be activated during the time a vanpool is operated on a shoulder.
  3.12     Sec. 3.  [VANPOOL DEMONSTRATION PROJECT OVERSIGHT 
  3.13  COMMITTEE.] 
  3.14     Subdivision 1.  [MEMBERSHIP.] The demonstration project 
  3.15  oversight committee must consist of two members designated by 
  3.16  the chair of the metropolitan council, two members designated by 
  3.17  the commissioner of transportation, and two members designated 
  3.18  by the commissioner of public safety. 
  3.19     Subd. 2.  [DUTIES.] The oversight committee shall: 
  3.20     (1) review and evaluate the effectiveness and safety of the 
  3.21  vanpool demonstration project; and 
  3.22     (2) report its findings and recommendations to the house of 
  3.23  representatives and senate committees with jurisdiction over 
  3.24  transportation and transit policy no later than February 15, 
  3.25  2004. 
  3.26     Sec. 4.  [REPEALER.] 
  3.27     Minnesota Statutes 2001 Supplement, section 16C.03, 
  3.28  subdivision 4a, is repealed. 
  3.29     Sec. 5.  [EFFECTIVE DATE.] 
  3.30     Sections 2 and 3 are effective July 1, 2002, and are 
  3.31  repealed effective June 30, 2004.