1.1 	A bill for an act
1.2 	relating to transportation; authorizing use of freeway shoulders by transit buses 
1.3 	and Metro Mobility buses;amending Minnesota Statutes 2008, section 169.306.
1.4 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.5 	Section 1. Minnesota Statutes 2008, section 169.306, is amended to read:
1.6 	169.306 USE OF SHOULDERS BY BUSES. 
1.7 	(a) The commissioner of transportation may is authorized to permit the use by transit 
1.8 	buses and Metro Mobility buses of a shoulder, as designated by the commissioner, of a 
1.9 	freeway or expressway, as defined in section 160.02, in the seven-county metropolitan 
1.10 	area in Minnesota.
1.11 	(b) If the commissioner permits the use of a freeway or expressway shoulder by 
1.12 	transit buses, the commissioner shall also permit the use on that shoulder of a bus (1) with 
1.13 	a seating capacity of 40 passengers or more operated by a motor carrier of passengers, 
1.14 	as defined in section 221.012, subdivision 26, while operating in intrastate commerce or 
1.15 	(2) providing regular route transit service, as defined in section 174.22, subdivision 8, or 
1.16 	Metro Mobility services, and operated by or under contract with the Metropolitan Council, 
1.17 	a local transit authority, or a transit authority created by the legislature. Drivers of these 
1.18 	buses must have adequate training in the requirements of paragraph (c), as determined by 
1.19 	the commissioner.
1.20 	(c) Buses authorized to use the shoulder under this section may be operated on the 
1.21 	shoulder only when main-line traffic speeds are less than 35 miles per hour. Drivers of 
1.22 	buses being operated on the shoulder may not exceed the speed of main-line traffic by 
1.23 	more than 15 miles per hour and may never exceed 35 miles per hour. Drivers of buses 
1.24 	being operated on the shoulder must yield to merging, entering, and exiting traffic and 
2.1 	must yield to other vehicles on the shoulder. Buses operated on the shoulder must be 
2.2 	registered with the Department of Transportation.
2.3 	(d) For the purposes of this section, the term "Metro Mobility bus" means a motor 
2.4 	vehicle of not less than 20 feet in length engaged in providing special transportation 
2.5 	services under section 473.386 that is:
2.6 	(1) operated by the Metropolitan Council, or operated by or under contract with a 
2.7 	public or private entity receiving financial assistance to provide transit services from the 
2.8 	Metropolitan Council or the commissioner of transportation; and
2.9 	(2) authorized by the council commissioner to use freeway or expressway shoulders.
2.10 	(e) This section does not apply to the operation of buses on dynamic shoulder lanes.