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HF 75

as introduced - 84th Legislature, 2005 1st Special Session (2005 - 2005) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 06/13/2005

Current Version - as introduced

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A bill for an act
relating to transportation; modifying provisions
relating to highway ditches, state-aid highways and
streets, traffic signals, railroads and grade
crossings, commercial motor vehicles, day activity
center buses, other motor vehicles, slow-moving
vehicle signs, vehicle wheel flaps, traffic
regulations, drivers' licenses and permits, and rules
of the commissioner of transportation; designating
Biauswah Bridge, Roussain Cemetery, and Purple Heart
Memorial Highway; redefining Paul Bunyan Expressway;
removing expiration for Commuter Rail Corridor
Coordinating Committee; requiring training for peace
officers who engage in vehicle weight enforcement;
repealing provisions regulating motor bicycle rental
businesses; making technical and clarifying changes;
amending Minnesota Statutes 2004, sections 160.232;
161.14, subdivision 25, by adding subdivisions;
162.02, subdivisions 2, 3a; 162.09, subdivisions 2,
3a; 162.14, subdivision 6; 169.01, subdivision 75;
169.06, subdivisions 5, 6; 169.18, subdivision 4;
169.28, subdivision 2; 169.448, by adding a
subdivision; 169.522; 169.733; 169.824, subdivision 2;
169.85, subdivisions 1, 6; 171.01, subdivision 22;
171.05, subdivisions 1, 2; 171.30, subdivision 1;
174.86, subdivision 5; 219.166; 219.567; proposing
coding for new law in Minnesota Statutes, chapter 162;
repealing Minnesota Statutes 2004, sections 168.831;
168.832; 168.833; 168.834; 168.835; 168.836; 168.837.

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

ARTICLE 1

DEPARTMENT OF TRANSPORTATION

Section 1.

Minnesota Statutes 2004, section 162.02,
subdivision 2, is amended to read:


Subd. 2.

Rules; advisory committee.

(a) The rules shall
be made and promulgated by the commissioner acting with the
advice of a committee deleted text beginwhich shall be deleted text endselected by the several
county boards acting through the officers of the statewide
association of county commissioners. The committee shall be
composed of nine members so selected that each member shall be
from a different state highway construction district. Not more
than five of the nine members of the committee shall be county
commissioners. The remaining members shall be county highway
engineers. In the event that agreement cannot be reached on any
rule, the commissioner's determination shall be final. The
rules shall be printed and copies deleted text beginthereof shall be deleted text endforwarded to
the county engineers of the several counties. new text beginFor the purposes
of this section, the expedited process for adopting rules
established in section 14.389 may be used.
new text end

(b) Notwithstanding section 15.059, subdivision 5, the
committee does not expire.

Sec. 2.

Minnesota Statutes 2004, section 162.02,
subdivision 3a, is amended to read:


Subd. 3a.

Variances from rules and engineering
standards.

The commissioner may grant variances from the rules
and from the engineering standards developed pursuant to section
162.021 or 162.07, subdivision 2. A political subdivision in
which a county state-aid highway is located or is proposed to be
located may submit a written request to the commissioner for a
variance for that highway. The commissioner shall publish
notice of the request in the State Register and give notice to
all persons known to the commissioner to have an interest in the
matter. The commissioner may grant or deny the variance within
30 days of providing notice of the request. If a written
objection to the request is received within deleted text begin20 deleted text endnew text beginseven new text enddays of
providing notice, the variance shall be granted or denied only
after a contested case hearing has been held on the request. If
no timely objection is received and the variance is denied
without hearing, the political subdivision may request, within
30 days of receiving notice of denial, and shall be granted a
contested case hearing. For purposes of this subdivision,
"political subdivision" includes (1) an agency of a political
subdivision which has jurisdiction over parks, and (2) a
regional park authority.

Sec. 3.

Minnesota Statutes 2004, section 162.09,
subdivision 2, is amended to read:


Subd. 2.

Rules; advisory committee.

(a) The rules shall
be made and promulgated by the commissioner acting with the
advice of a committee deleted text beginwhich shall be deleted text endselected by the governing
bodies of such cities, acting through the officers of the
statewide association of municipal officials. The committee
shall be composed of 12 members, so selected that there shall be
one member from each state highway construction district and in
addition one member from each city of the first class. Not more
than six members of the committee shall be elected officials of
the cities. The remaining members of the committee shall be
city engineers. In the event that agreement cannot be reached
on any rule the commissioner's determination shall be final.
The rules shall be printed and copies deleted text beginthereof shall be deleted text endforwarded
to the clerks and engineers of the cities. new text beginFor the purposes of
this section, the expedited process for adopting rules
established in section 14.389 may be used.
new text end

(b) Notwithstanding section 15.059, subdivision 5, the
committee does not expire.

Sec. 4.

Minnesota Statutes 2004, section 162.09,
subdivision 3a, is amended to read:


Subd. 3a.

Variances from rules and engineering
standards.

The commissioner may grant variances from the rules
and from the engineering standards developed pursuant to section
162.13, subdivision 2. A political subdivision in which a
municipal state-aid street is located or is proposed to be
located may submit a written request to the commissioner for a
variance for that street. The commissioner shall publish notice
of the request in the State Register and give notice to all
persons known to the commissioner to have an interest in the
matter. The commissioner may grant or deny the variance within
30 days of providing notice of the request. If a written
objection to the request is received within deleted text begin20 deleted text endnew text beginseven new text enddays of
providing notice, the variance shall be granted or denied only
after a contested case hearing has been held on the request. If
no timely objection is received and the variance is denied
without hearing, the political subdivision may request, within
30 days of receiving notice of denial, and shall be granted a
contested case hearing. For purposes of this subdivision,
"political subdivision" includes (1) an agency of a political
subdivision which has jurisdiction over parks, and (2) a
regional park authority.

Sec. 5.

Minnesota Statutes 2004, section 162.14,
subdivision 6, is amended to read:


Subd. 6.

Advances.

Any such city may make advances from
any funds available to it for the purpose of expediting the
construction, reconstruction, improvement, or maintenance of its
municipal state-aid street systemdeleted text begin; provided that such advances
shall not exceed the city's total estimated apportionment for
the three years following the year the advance is made
deleted text end.
Advances made by any such city shall be repaid out of subsequent
apportionments made to such city in accordance with the
commissioner's rules.

Sec. 6.

new text begin [162.031] CONSTRUCTION ACROSS ANOTHER COUNTY OR
STATE.
new text end

new text begin When a county state-aid highway route is so located that in
order to achieve the designated objectives the commissioner
determines that it is necessary to construct the highway across
a portion of another county or state, the county initiating the
construction is authorized to spend county state-aid highway
funds for that purpose in the same manner as other expenditures
for county state-aid highway purposes are made. No part of that
highway may be constructed in another county until both counties
approve the construction.
new text end

Sec. 7.

new text begin [162.091] CONSTRUCTION ACROSS ANOTHER
MUNICIPALITY OR STATE.
new text end

new text begin When a municipal state-aid street route is so located that
in order to achieve the designated objectives the commissioner
determines that it is necessary to construct the street across a
portion of another municipality or state, the municipality
initiating the construction is authorized to spend municipal
state-aid street funds for that purpose in the same manner as
other expenditures for municipal state-aid street purposes are
made. No part of that street may be constructed in another
municipality until both municipalities approve the construction.
new text end

Sec. 8.

Minnesota Statutes 2004, section 169.06,
subdivision 5, is amended to read:


Subd. 5.

Traffic-control signal.

(a) Whenever traffic is
controlled by traffic-control signals exhibiting different
colored lights, or colored lighted arrows, successively one at a
time or in combination, only the colors Green, Red, and Yellow
shall be used, except for special pedestrian signals carrying a
word new text beginor new text endlegenddeleted text begin, and said deleted text endnew text begin. The traffic-control signal new text endlights
deleted text begin shall deleted text endnew text beginor colored lighted arrows new text endindicate and apply to drivers of
vehicles and pedestrians as follows:

(1) Green indication:

(i) Vehicular traffic facing a circular green signal may
proceed straight through or turn right or left unless a sign at
such place prohibits either deleted text beginsuch deleted text endturn. But vehicular traffic,
including vehicles turning right or left, shall yield the
right-of-way to other vehicles and to pedestrians lawfully
within the intersection or adjacent crosswalk at the time deleted text beginsuch
deleted text endnew text begin this new text endsignal is exhibited.

(ii) Vehicular traffic facing a green arrow signal, shown
alone or in combination with another indication, may cautiously
enter the intersection only to make the movement indicated by
deleted text begin such deleted text endnew text beginthe new text endarrow, or deleted text beginsuch deleted text endother movement as deleted text beginis deleted text endpermitted by other
indications shown at the same time. Such vehicular traffic
shall yield the right-of-way to pedestrians lawfully within an
adjacent crosswalk and to other traffic lawfully using the
intersection.

(iii) Unless otherwise directed by a pedestrian-control
signal as provided in subdivision 6, pedestrians facing any
green signal, except when the sole green signal is a turn arrow,
may proceed across the roadway within any marked or unmarked
crosswalk. new text beginEvery driver of a vehicle shall yield the
right-of-way to such pedestrian, except that the pedestrian
shall yield the right-of-way to vehicles lawfully within the
intersection at the time that the green signal indication is
first shown.
new text end

(2) Steady yellow indication:

(i) Vehicular traffic facing a circular yellow signal is
thereby warned that the related green movement is being
terminated or that a red indication will be exhibited
immediately thereafter when vehicular traffic deleted text beginshall deleted text endnew text beginmust new text endnot
enter the intersection, except for the continued movement
allowed by any green arrow indication simultaneously exhibited.

(ii) Pedestrians facing a circular yellow signal, unless
otherwise directed by a pedestriannew text begin-new text endcontrol signal as provided in
subdivision 6, are thereby advised that there is insufficient
time to cross the roadway before a red indication is shown and
no pedestrian shall then start to cross the roadway.

(iii) Vehicular traffic facing a steady yellow arrow signal
is thereby warned that the protected vehicular movement
permitted by the corresponding prior green arrow indication is
being terminated.

(3) Steady red indication:

(i) Vehicular traffic facing a circular red signal alone
deleted text begin shall deleted text endnew text beginmust new text endstop at a clearly marked stop linedeleted text begin,deleted text endbutnew text begin,new text endif none,
before entering the crosswalk on the near side of the
intersectiondeleted text begin,deleted text endornew text begin,new text endif none, then before entering the intersection
and shall remain standing until a green indication is shown,
except as follows: (A) the driver of a vehicle deleted text beginwhich is deleted text endstopped
as close as practicable at the entrance to the crosswalk on the
near side of the intersection or, if none, then at the entrance
to the intersection in obedience to a red or stop signal, and
with the intention of making a right turn may make deleted text beginsuch deleted text endnew text beginthe
new text end right turn, after stopping, unless an official sign has been
erected prohibiting such movement, but shall yield the
right-of-way to pedestrians and other traffic lawfully
proceeding as directed by the signal at deleted text beginsaid deleted text endnew text beginthat new text endintersection;
or (B) the driver of a vehicle on a one-way street deleted text beginwhich
intersects
deleted text endnew text beginintersecting new text endanother one-way street on which traffic
moves to the left shall stop in obedience to a red or stop
signal and may then make a left turn into deleted text beginsaid deleted text endnew text beginthe new text endone-way
street, unless an official sign has been erected prohibiting the
movement, but shall yield the right-of-way to pedestrians and
other traffic new text beginlawfully new text endproceeding as directed by the signal at
deleted text begin said deleted text endnew text beginthat new text endintersection.

(ii) Unless otherwise directed by a pedestrian-control
signal as provided in subdivision 6, pedestrians facing a steady
red signal alone shall not enter the roadway.

(iii) Vehicular traffic facing a steady red arrow signal,
with the intention of making a movement indicated by the arrow,
deleted text begin shall deleted text endnew text beginmust new text endstop at a clearly marked stop linedeleted text begin,deleted text endbutnew text begin,new text endif none,
before entering the crosswalk on the near side of the
intersectiondeleted text begin,deleted text endornew text begin,new text endif none, then before entering the intersection
and deleted text beginshall deleted text endnew text beginmust new text endremain standing until a permissive signal
indication new text beginpermitting the movement indicated by the red arrow new text endis
displayednew text begin, except as follows: when an official sign has been
erected permitting a turn on a red arrow signal, the vehicular
traffic facing a red arrow signal indication is permitted to
enter the intersection to turn right, or to turn left from a
one-way street into a one-way street on which traffic moves to
the left, after stopping, but must yield the right-of-way to
pedestrians and other traffic lawfully proceeding as directed by
the signal at that intersection
new text end.

(b) In the event an official traffic-control signal is
erected and maintained at a place other than an intersection,
the provisions of this section are applicable except those which
can have no application. Any stop required deleted text beginshall deleted text endnew text beginmust new text endbe made
at a sign or marking on the pavement indicating where the
stop deleted text beginshall deleted text endnew text beginmust new text endbe made, but in the absence of any such sign or
marking the stop deleted text beginshall deleted text endnew text beginmust new text endbe made at the signal.

(c) When a traffic-control signal indication or indications
placed to control a certain movement or lane are so identified
by placing a sign near the indication or indications, no other
traffic-control signal indication or indications within the
intersection deleted text beginshall control deleted text endnew text begincontrols new text endvehicular traffic for
deleted text begin such deleted text endnew text beginthat new text endmovement or lane.

Sec. 9.

Minnesota Statutes 2004, section 169.06,
subdivision 6, is amended to read:


Subd. 6.

Pedestrian control signal.

(a) Whenever special
pedestrian-control signals exhibiting the words "Walk" or "Don't
Walk" new text beginor symbols of a "walking person" or "upraised hand" new text endare in
place deleted text beginsuch deleted text endnew text begin, the new text endsignals deleted text beginshall deleted text endnew text beginor symbols new text endindicate as follows:

(1) new text beginA steady new text end"Walkdeleted text begin,deleted text end" deleted text beginflashing or steady. Pedestrians
deleted text endnew text begin signal or the symbol of a "walking person" indicates that a
pedestrian
new text endfacing deleted text beginsuch deleted text endnew text begineither of these new text endsignals may proceed
across the roadway in the direction of the signalnew text begin, possibly in
conflict with turning vehicles
new text end. new text beginEvery driver of a vehicle shall
yield the right-of-way to such pedestrian except that the
pedestrian shall yield the right-of-way to vehicles lawfully
within the intersection at the time that either signal
indication is first shown.
new text end

(2) new text beginA new text end"Don't Walkdeleted text begin,deleted text end" new text beginsignal or the symbol of an "upraised
hand,"
new text endflashing or steadydeleted text begin. No deleted text endnew text begin, indicates that a new text endpedestrian
shall new text beginnot new text endstart to cross the roadway in the direction of deleted text beginsuch
signals
deleted text endnew text begineither signalnew text end, but any pedestrian who has partially
crossed on the "Walk" new text beginor "walking person" new text endsignal new text beginindication
new text end shall proceed to a sidewalk or safety island while the deleted text begin"Don't
Walk"
deleted text endsignal is showing.

(b) A pedestrian crossing a roadway in conformity with this
section is lawfully within the intersection and, when in a
crosswalk, is lawfully within the crosswalk.

Sec. 10.

Minnesota Statutes 2004, section 169.28,
subdivision 2, is amended to read:


Subd. 2.

Exempt crossing.

(a) The commissioner may
designate a crossing as an exempt crossing deleted text beginif the crossing isdeleted text end:

(1) new text beginif the crossing is new text endon a rail line on which service has
been abandoned; deleted text beginor
deleted text end

(2) new text beginif the crossing is new text endon a rail line that carries fewer
than five trains each year, traveling at speeds of ten miles per
hour or lessnew text begin; or
new text end

new text begin (3) as agreed to by the operating railroad and the
Department of Transportation, following a diagnostic review of
the crossing
new text end.

(b) The commissioner shall direct the railroad to erect at
the crossing signs bearing the word "Exempt" that conform to
section 169.06. The installation or presence of an exempt sign
does not relieve a driver of the duty to use due care. A train
must not proceed across an exempt crossing unless a police
officer is present to direct traffic or a railroad employee is
on the ground to warn traffic until the train enters the
crossing.

(c) A vehicle that must stop at grade crossings under
subdivision 1 is not required to stop at a marked exempt
crossing unless directed otherwise by a police officer or a
railroad employee.

Sec. 11.

Minnesota Statutes 2004, section 174.86,
subdivision 5, is amended to read:


Subd. 5.

Commuter rail corridor coordinating committee.

(a) A Commuter Rail Corridor Coordinating Committee shall be
established to advise the commissioner on issues relating to the
alternatives analysis, environmental review, advanced corridor
planning, preliminary engineering, final design, implementation
method, construction of commuter rail, public involvement, land
use, service, and safety. The Commuter Rail Corridor
Coordinating Committee shall consist of:

(1) one member representing each significant funding
partner in whose jurisdiction the line or lines are located;

(2) one member appointed by each county in which the
corridors are located;

(3) one member appointed by each city in which advanced
corridor plans indicate that a station may be located;

(4) two members appointed by the commissioner, one of whom
shall be designated by the commissioner as the chair of the
committee;

(5) one member appointed by each metropolitan planning
organization through which the commuter rail line may pass; and

(6) one member appointed by the president of the University
of Minnesota, if a designated corridor provides direct service
to the university.

(b) A joint powers board existing on April 1, 1999,
consisting of local governments along a commuter rail corridor,
shall perform the functions set forth in paragraph (a) in place
of the committee.

new text begin (c) Notwithstanding section 15.059, subdivision 5, the
committee does not expire.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively
from June 30, 2003. All actions taken in reliance on Minnesota
Statutes, section 15.059 or 174.86, are ratified by the
enactment of this section.
new text end

Sec. 12.

Minnesota Statutes 2004, section 219.166, is
amended to read:


219.166 ESTABLISHMENT OF QUIET ZONES.

A county, statutory or home rule charter city, or town may
deleted text begin by ordinance establish a defined deleted text endnew text beginapply to the Federal Railroad
Administration for the establishment of a
new text end"quiet zone" in which
the sounding of horns, whistles, or other audible warnings by
locomotives is regulated or prohibited. deleted text beginA quiet zone
established under this section must consist of at least one-half
mile of railroad right-of-way.
deleted text endAll quiet zones, regulations,
and ordinances adopted under this section must conform to
federal law and the regulations of the Federal Railroad
Administration new text beginunder United States Code, title 49, section 20153new text end.

Sec. 13.

Minnesota Statutes 2004, section 219.567, is
amended to read:


219.567 FAILURE TO RING BELL.

An engineer driving a locomotive on a railway who fails deleted text begin(1)
deleted text end to ring the bell or sound the whistle on the locomotive, or have
it rung or soundeddeleted text begin, at least 80 rods from a place where the
railway crosses a traveled road or street on the same level,
except in cities, or (2) to continue ringing the bell or
sounding the whistle at intervals until the locomotive and
attached train have completely crossed the road or street,
deleted text endnew text beginin
accordance with Federal Railroad Administration regulations
under United States Code, title 49, section 20153,
new text endis guilty of
a misdemeanor.

Sec. 14. new text beginRULE CHANGE; INSTRUCTION TO REVISOR.
new text end

new text begin The revisor of statutes shall change Minnesota Rules, part
8820.3300, subpart 2, to require that comments be directed to
the commissioner of transportation in conformity with the same
period allowed for written objections to be received by the
commissioner under this act's amendments to Minnesota Statutes
2004, sections 162.02, subdivision 3a, and 162.09, subdivision
3a. The rule change is effective the same day as the effective
date of this act's amendments to Minnesota Statutes 2004,
sections 162.02, subdivision 3a, and 162.09, subdivision 3a.
new text end

ARTICLE 2

TRANSPORTATION POLICY

Section 1.

Minnesota Statutes 2004, section 160.232, is
amended to read:


160.232 MOWING DITCHES OUTSIDE CITIES.

(a) new text beginIn order to provide enhanced roadside habitat for
nesting birds and other small wildlife,
new text endroad authorities may not
mow or till the right-of-way of a highway located outside of a
home rule charter or statutory city except as allowed in this
section and section 160.23.

(b) On any highway, the first eight feet away from the road
surface, or shoulder if one exists, may be mowed at any time.

(c) An entire right-of-way may be mowed after July 31.
From August 31 to the following July 31, the entire right-of-way
may only be mowed if necessary for safety reasons, and may not
be mowed to a height of less than 12 inches.

(d) A right-of-way may be mowed as necessary to maintain
sight distance for safety and may be mowed at other times under
rules of the commissioner, or by ordinance of a local road
authority not conflicting with the rules of the commissioner.

(e) A right-of-way may be mowed, burned, or tilled to
prepare the right-of-way for the establishment of permanent
vegetative cover or for prairie vegetation management.

new text begin (f) When feasible, road authorities are encouraged to
utilize low maintenance, native vegetation that reduces the need
to mow, provides wildlife habitat, and maintains public safety.
new text end

new text begin (g) The commissioner of natural resources shall cooperate
with the commissioner of transportation to provide enhanced
roadside habitat for nesting birds and other small wildlife.
new text end

Sec. 2.

Minnesota Statutes 2004, section 161.14,
subdivision 25, is amended to read:


Subd. 25.

Paul bunyan expressway.

That deleted text beginportion of Trunk
Highway marked 371 from Little Falls to its intersection with
Trunk Highway marked 2 in Cass Lake, except for that portion
named in subdivision 45, and that
deleted text endportion of Trunk Highway
marked 2 from its intersection with Trunk Highway marked 371 in
Cass Lake to Bemidji, is named and designated the "Paul Bunyan
Expressway." The commissioner shall adopt a suitable marking
design to mark this highway and shall erect the appropriate
signs.

Sec. 3.

Minnesota Statutes 2004, section 161.14, is
amended by adding a subdivision to read:


new text begin Subd. 52. new text end

new text begin Biauswah bridge. new text end

new text begin The bridge over the St. Louis
River that is part of Legislative Route No. 185, marked as Trunk
Highway 23 on the effective date of this section, is named and
designated "Biauswah Bridge In Honor of Native American
Veterans." After consulting with the Fond du Lac Band of Lake
Superior Chippewa, the commissioner of transportation shall
adopt a suitable marking design to memorialize this bridge and
shall erect the appropriate signs, subject to section 161.139.
new text end

Sec. 4.

Minnesota Statutes 2004, section 161.14, is
amended by adding a subdivision to read:


new text begin Subd. 53. new text end

new text begin Purple heart memorial highway. new text end

new text begin (a) Except for
that portion designated under subdivision 45, the route signed
as Trunk Highway 371 on the effective date of this subdivision,
from its intersection with U. S. Highway 10 near the city of
Little Falls to its intersection with U. S. Highway 2 in the
city of Cass Lake, is named and designated the "Purple Heart
Memorial Highway."
new text end

new text begin (b) Subject to the provisions of section 161.139, the
commissioner shall adopt a suitable marking design to mark the
highway and shall erect the appropriate signs.
new text end

Sec. 5.

Minnesota Statutes 2004, section 169.01,
subdivision 75, is amended to read:


Subd. 75.

Commercial motor vehicle.

(a) "Commercial
motor vehicle" means a motor vehicle or combination of motor
vehicles used to transport passengers or property if the motor
vehicle:

(1) has a gross vehicle weight of more than 26,000 pounds;

(2) has a towed unit with a gross vehicle weight of more
than 10,000 pounds and the combination of vehicles has a
combined gross vehicle weight of more than 26,000 pounds;

(3) is a bus;

(4) is of any size and is used in the transportation of
hazardous materialsdeleted text begin, except for those vehicles having a gross
vehicle weight of 26,000 pounds or less while carrying in bulk
tanks a total of not more than 200 gallons of petroleum products
and liquid fertilizer
deleted text endnew text beginthat are required to be placarded under
Code of Federal Regulations, title 49, parts 100-185
new text end; or

(5) is outwardly equipped and identified as a school bus,
except for type A-I and type III school buses as defined in
subdivision 6.

(b) For purposes of chapter 169A:

(1) a commercial motor vehicle does not include a farm
truck, fire-fighting equipment, or recreational equipment being
operated by a person within the scope of section 171.02,
subdivision 2, paragraph (b); and

(2) a commercial motor vehicle includes a vehicle capable
of or designed to meet the standards described in paragraph (a),
clause (2), whether or not the towed unit is attached to the
truck-tractor at the time of the violation or stop.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

Sec. 6.

Minnesota Statutes 2004, section 169.18,
subdivision 4, is amended to read:


Subd. 4.

Passing on the right.

The driver of a vehicle
may overtake and pass upon the right of another vehicle only
upon the following conditions:

(1) when the vehicle overtaken is making or about to make a
left turn;

(2) upon a street or highway with unobstructed pavement not
occupied by parked vehicles of sufficient width for two or more
lines of moving vehicles in each direction;

(3) upon a one-way street, or upon any roadway on which
traffic is restricted to one direction of movement, where the
roadway is free from obstructions and of sufficient width for
two or more lines of moving vehicles;

(4) new text beginwhen new text endthe driver of a vehicle may overtake and pass
another vehicle upon the right only under conditions permitting
such movement in safety. In no event shall such movement be
made by driving new text beginonto the shoulder, whether paved or unpaved, or
new text end off the pavement or main-traveled portion of the roadway.

Sec. 7.

Minnesota Statutes 2004, section 169.448, is
amended by adding a subdivision to read:


new text begin Subd. 4.new text end

new text beginDay activity center buses.new text end

new text beginNotwithstanding
subdivision 1, a vehicle used to transport adults to and from a
day activity center may be equipped with prewarning flashing
amber signals and a stop-signal arm, and the operator of the
vehicle may activate this equipment, under the following
circumstances:
new text end

new text begin (1) the operator possesses a commercial driver's license
with a school bus endorsement;
new text end

new text begin (2) the vehicle is engaged in picking up or dropping off
adults at locations predesignated by the day activity center
that owns or leases the bus;
new text end

new text begin (3) the vehicle is identified as a "day activity center
bus" in letters at least eight inches high on the front and rear
top of the bus; and
new text end

new text begin (4) the name, address, and telephone number of the owner
and operator of the bus is identified on each front door of the
bus in letters not less than three inches high.
new text end

new text begin The provisions of section 169.444 relating to duties of
care of a motorist to a school bus, and violations thereof,
apply to a vehicle described in this section when the vehicle is
operated in conformity with this subdivision. The provisions of
section 169.443 relating to bus driver's duties apply to a
vehicle described in this section except those that by their
nature have no application.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

Sec. 8.

Minnesota Statutes 2004, section 169.522, is
amended to read:


169.522 SLOW-MOVING VEHICLE, SIGN REQUIRED.

Subdivision 1.

Displaying emblem; rules.

(a) All
animal-drawn vehicles, motorized golf carts when operated on
designated roadways pursuant to section 169.045, implements of
husbandry, and other machinery, including all road construction
machinery, which are designed for operation at a speed of 30
miles per hour or less deleted text beginshall deleted text endnew text begin, must new text enddisplay a triangular
slow-moving vehicle emblem, except (1) when being used in actual
construction and maintenance work and traveling within the
limits of a construction area deleted text beginwhich is deleted text endmarked in accordance with
deleted text begin requirements of deleted text endthe Manual on Uniform Traffic Control Devices,
as set forth in section 169.06, or (2) for a towed implement of
husbandry that is empty and that is not self-propelled, in which
case it may be towed at lawful speeds greater than 30 miles per
hour without removing the slow-moving vehicle emblem. The
emblem deleted text beginshall deleted text endnew text beginmust new text endconsist of a fluorescent deleted text beginyellow-orange deleted text endnew text beginor
illuminated red-orange
new text endtriangle with a dark red reflective
border and be mounted so as to be visible from a distance of not
less than 600 feet to the rear. When a primary power unit
towing an implement of husbandry or other machinery displays a
slow-moving vehicle emblem visible from a distance of 600 feet
to the rear, it deleted text beginshall deleted text endnew text beginis new text endnot deleted text beginbe deleted text endnecessary to display a similar
emblem on the secondary unit. deleted text beginAfter January 1, 1975,deleted text endAll
slow-moving vehicle emblems sold in this state deleted text beginshall deleted text endnew text beginmust new text endbe so
designed that when properly mounted they are visible from a
distance of not less than 600 feet to the rear when directly in
front of lawful lower beam of headlamps on a motor vehicle. The
commissioner of public safety shall adopt standards and
specifications for the design and position of mounting the
slow-moving vehicle emblem. Such standards and
specifications deleted text beginshall deleted text endnew text beginmust new text endbe adopted by rule in accordance with
the Administrative Procedure Act. deleted text beginA violation of this section
shall not be admissible evidence in any civil cause of action
arising prior to January 1, 1970.
deleted text end

(b) An alternate slow-moving vehicle emblem consisting of a
dull black triangle with a white reflective border may be used
after obtaining a permit from the commissioner under rules of
the commissioner. A person with a permit to use an alternate
slow-moving vehicle emblem must:

(1) carry in the vehicle a regular slow-moving vehicle
emblem and display the emblem when operating a vehicle between
sunset and sunrise, and at any other time when visibility is
impaired by weather, smoke, fog, or other conditions; and

(2) permanently affix to the rear of the slow-moving
vehicle at least 72 square inches of reflective tape that
reflects the color red.

Subd. 2.

Prohibition on use.

The use of this emblem
deleted text begin shall be deleted text endnew text beginis new text endrestricted to the slow-moving vehicles specified in
subdivision 1 and its use on any other type of vehicle or
stationary object on the highway is prohibited.

Subd. 3.

Display required.

No person shall sell, lease,
rent, or operate any slow-moving vehicle, as defined in
subdivision 1, except motorized golf carts and except those
units designed to be completely mounted on a primary power unit,
which is manufactured or assembled on or after July 1, 1967,
unless deleted text beginsuch deleted text endnew text beginthe new text endvehicle is equipped with a slow-moving vehicle
emblem-mounting device as specified in subdivision 1. Provided
however, deleted text beginno deleted text endnew text begina new text endslow-moving vehicle deleted text beginshall deleted text endnew text beginmust not new text endbe operated
without such slow-moving vehicle emblem deleted text beginafter January 1, 1968deleted text end.

Sec. 9.

Minnesota Statutes 2004, section 169.733, is
amended to read:


169.733 WHEEL FLAPS ON TRUCK AND TRAILER.

Subdivision 1.

Vehicles generally.

Every truck,
truck-tractor, trailer, semitrailer, pole trailer, and rear-end
dump truck, excepting rear-end dump farm trucks deleted text beginand military
vehicles of the United States, shall
deleted text endnew text beginmust new text endbe provided with wheel
flaps or other suitable protection above and behind the rearmost
wheels of the vehicle or combination of vehicles to prevent, as
far as practicable, such wheels from throwing dirt, water, or
other materials on the windshields of new text beginfollowing new text endvehicles deleted text beginwhich
follow
deleted text end. deleted text beginSuch deleted text endnew text beginThe new text endflaps or protectors deleted text beginshall deleted text endnew text beginmust new text endbe at least
as wide as the tires they are protecting and shall have a ground
clearance of not more than deleted text beginone-fifth of the horizontal distance
from the center of the rearmost axle to the flap under any
conditions of loading or operation of the motor
deleted text endnew text beginnine inches from
the ground when the
new text endvehicle new text beginis emptynew text end.

Subd. 2.

Vehicle with conveyor belt.

For a dump truck or
truck with a rigid box fastened to its frame and having a
conveyor belt or chain in the bottom of the vehicle deleted text beginwhich deleted text endnew text beginthat
new text end moves the cargo to the rear end of the vehicle, the flaps deleted text beginshall
deleted text endnew text begin must new text endbe mounted as far to the rear of the vehicle as practicable
and deleted text beginshall deleted text endhave a ground clearance of not more than 18 inches
when the vehicle is loaded.

Subd. 3.

Bottom-dump vehicle.

new text beginIn addition to meeting the
requirements of subdivision 1,
new text enda bottom-dump cargo vehicle
transporting sand, gravel, aggregate, dirt, lime rock, silica,
or similar material must be equipped with deleted text beginflaps that are mounted
to the rear of the axles, cover the entire width of the vehicle,
and
deleted text endnew text begina center flap between the wheel flaps, which must new text endhave a
ground clearance of six inches or less when the vehicle is fully
loaded.

Subd. 4.

Alternative requirements.

If the motor vehicle
is so designed and constructed that the above requirements are
accomplished by means of body construction or other means of
enclosure, then no such protectors or flaps deleted text beginshall be deleted text endnew text beginare
new text end required.

Subd. 5.

Extended flaps.

If the rear wheels are not
covered at the top by fenders, body or other parts of the
vehicle, the flap or other protective means deleted text beginshall deleted text endnew text beginmust new text endbe
extended at least to a point directly above the center of the
rearmost axle.

deleted text begin Subd. 6. deleted text end

deleted text begin Lamps or wiring. deleted text end

deleted text begin Lamps or wiring shall not be
attached to fender flaps.
deleted text end

Sec. 10.

Minnesota Statutes 2004, section 169.824,
subdivision 2, is amended to read:


Subd. 2.

Gross vehicle weight of all axles.

(a)
Notwithstanding the provisions of section 169.85, the gross
vehicle weight of all axles of a vehicle or combination of
vehicles shall not exceed:

(1) 80,000 pounds for any vehicle or combination of
vehicles on all state trunk highways as defined in section
160.02, subdivision 29, and for all routes designated under
section 169.832, subdivision 11;

(2) 73,280 pounds for any vehicle or combination of
vehicles with five axles or less on all routes, other than state
trunk highways and routes that are designated under section
169.832, subdivision 11new text begin, except that a vehicle needing
reasonable access to a terminal or facilities for food, fuel,
repairs, and rest, located within three miles of a ten-ton
route, may not exceed 80,000 pounds. "Terminal" means any
location where freight either originates, terminates, or is
handled in the transportation process, or where commercial motor
carriers maintain operating facilities
new text end; and

(3) 80,000 pounds for any vehicle or combination of
vehicles with six or more axles on all routes, other than state
trunk highways and routes that are designated under section
169.832, subdivision 11.

(b) The maximum weights specified in this section for five
consecutive axles shall not apply to a four-axle ready-mix
concrete truck which was equipped with a fifth axle prior to
June 1, 1981. The maximum gross weight on four or fewer
consecutive axles of vehicles excepted by this clause shall not
exceed any maximum weight specified for four or fewer
consecutive axles in this section.

Sec. 11.

Minnesota Statutes 2004, section 169.85,
subdivision 1, is amended to read:


Subdivision 1.

Driver to stop for weighing.

(a) The
driver of a vehicle that has been lawfully stopped may be
required by an officer to submit the vehicle and load to a
weighing by means of portable or stationary scales.

(b) In addition, the officer may require that the vehicle
be driven to the nearest available scales, but only if:

(1) the distance to the scales is no further than five
miles, or if the distance from the point where the vehicle is
stopped to the vehicle's destination is not increased by more
than ten miles as a result of proceeding to the nearest
available scales; and

(2) if the vehicle is a commercial motor vehicle, no more
than two other commercial motor vehicles are waiting to be
inspected at the scale.

(c) Official traffic control devices as authorized by
section 169.06 may be used to direct the driver to the nearest
scale.

(d) When a truck weight enforcement operation is conducted
by means of portable or stationary scales deleted text beginand deleted text endnew text begin,new text endsigns giving
notice of the operation deleted text beginare deleted text endnew text beginmust be new text endposted within the highway
right-of-way and adjacent to the roadway within two miles of the
operationdeleted text begin,deleted text endnew text begin.new text endThe driver of a truck or combination of vehicles
registered for or weighing in excess of 12,000 pounds shall
proceed to the scale site and submit the vehicle to weighing and
inspection.

Sec. 12.

Minnesota Statutes 2004, section 169.85,
subdivision 6, is amended to read:


Subd. 6.

Officer defined.

When used in this section, the
word "officer" means a deleted text beginpeace officer or deleted text endnew text beginmember of the State
Patrol,
new text endan employee of the Department of Public Safety described
in section 299D.06new text begin, or a peace officer or person under the
officer's direction and control employed by a local unit of
government who is trained in weight enforcement by the
Department of Public Safety
new text end.

Sec. 13.

Minnesota Statutes 2004, section 171.01,
subdivision 22, is amended to read:


Subd. 22.

Commercial motor vehicle.

"Commercial motor
vehicle" means a motor vehicle or combination of motor vehicles
used to transport passengers or property if the motor vehicle:

(1) has a gross vehicle weight of more than 26,000 pounds;

(2) has a towed unit with a gross vehicle weight of more
than 10,000 pounds and the combination of vehicles has a
combined gross vehicle weight of more than 26,000 pounds;

(3) is a bus;

(4) is of any size and is used in the transportation of
hazardous materialsdeleted text begin, except for those vehicles having a gross
vehicle weight of 26,000 pounds or less and carrying in bulk
tanks a total of not more than 200 gallons of liquid fertilizer
and petroleum products
deleted text endnew text beginthat are required to be placarded under
Code of Federal Regulations, title 49, parts 100-185
new text end; or

(5) is outwardly equipped and identified as a school bus,
except for school buses defined in section 169.01, subdivision
6, clause (5).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

Sec. 14.

Minnesota Statutes 2004, section 171.05,
subdivision 1, is amended to read:


Subdivision 1.

Person 18 or more years of age.

new text begin(a) new text endAny
person who is 18 or more years of age and who, except for a lack
of instruction in operating a motor vehicle, would otherwise be
qualified to obtain a class D driver's license under this
chapter, may apply for an instruction permit and the department
shall issue deleted text beginsuch deleted text endnew text beginthe new text endpermit deleted text beginentitling deleted text endnew text begin. The instruction permit
entitles
new text endthe applicantdeleted text begin, while having such permit in immediate
possession,
deleted text endto drive a motor vehicle for which a class D license
is valid upon the highways for a period of deleted text beginone year, but such
person must be
deleted text endnew text begintwo years if the permit holder:
new text end

new text begin (1) has the permit in immediate possession; and
new text end

new text begin (2) is driving the vehicle while new text endaccompanied by an adult
licensed driver who is actually occupying a seat beside the
driver.

new text begin (b) new text endAny license of a lower class may be used as an
instruction permit deleted text beginfor deleted text endnew text beginto operate a vehicle requiring new text enda higher
class new text beginlicense new text endfor a period of six months after passage of the
written test or tests required for the higher class and when the
licensee is accompanied by and receiving instruction from a
holder of the appropriate higher class license. A copy of the
record of examination taken for the higher class license must be
carried by the driver while using deleted text beginsuch deleted text endnew text beginthe new text endlower class license
as an instruction permit.

Sec. 15.

Minnesota Statutes 2004, section 171.05,
subdivision 2, is amended to read:


Subd. 2.

Person less than 18 years of age.

(a)
Notwithstanding any provision in subdivision 1 to the contrary,
the department may issue an instruction permit to an applicant
who is 15, 16, or 17 years of age and who:

(1) has completed a course of driver education in another
state, has a previously issued valid license from another state,
or is enrolled in either:

(i) a public, private, or commercial driver education
program that is approved by the commissioner of public safety
and that includes classroom and behind-the-wheel training; or

(ii) an approved behind-the-wheel driver education program
when the student is receiving full-time instruction in a home
school within the meaning of sections 120A.22 and 120A.24, the
student is working toward a homeschool diploma, the student's
status as a homeschool student has been certified by the
superintendent of the school district in which the student
resides, and the student is taking home-classroom driver
training with classroom materials approved by the commissioner
of public safety;

(2) has completed the classroom phase of instruction in the
driver education program;

(3) has passed a test of the applicant's eyesight;

(4) has passed a department-administered test of the
applicant's knowledge of traffic laws;

(5) has completed the required application, which must be
approved by (i) either parent when both reside in the same
household as the minor applicant or, if otherwise, then (ii) the
parent or spouse of the parent having custody or, in the event
there is no court order for custody, then (iii) the parent or
spouse of the parent with whom the minor is living or, if items
(i) to (iii) do not apply, then (iv) the guardian having custody
of the minor or, in the event a person under the age of 18 has
no living father, mother, or guardian, or is married or
otherwise legally emancipated, then (v) the applicant's adult
spouse, adult close family member, or adult employer; provided,
that the approval required by this clause contains a
verification of the age of the applicant and the identity of the
parent, guardian, adult spouse, adult close family member, or
adult employer; and

(6) has paid the fee required in section 171.06,
subdivision 2.

(b) The instruction permit is valid for deleted text beginone year deleted text endnew text begintwo years
new text end from the date of application and may be renewed upon payment of
a fee equal to the fee for issuance of an instruction permit
under section 171.06, subdivision 2.

Sec. 16.

Minnesota Statutes 2004, section 171.30,
subdivision 1, is amended to read:


Subdivision 1.

Conditions of issuance.

(a) In any case
where a person's license has been suspended under section
171.18, 171.173, or 171.186, or revoked under section 169.792,
169.797, 169A.52, 169A.54, 171.17, or 171.172, the commissioner
may issue a limited license to the driver including under the
following conditions:

(1) if the driver's livelihood or attendance at a chemical
dependency treatment or counseling program depends upon the use
of the driver's license;

(2) if the use of a driver's license by a homemaker is
necessary to prevent the substantial disruption of the
education, medical, or nutritional needs of the family of the
homemaker; or

(3) if attendance at a postsecondary institution of
education by an enrolled student of that institution depends
upon the use of the driver's license.

(b) The commissioner in issuing a limited license may
impose such conditions and limitations as in the commissioner's
judgment are necessary to the interests of the public safety and
welfare including reexamination as to the driver's
qualifications. The license may be limited to the operation of
particular vehicles, to particular classes and times of
operation, and to particular conditions of traffic. The
commissioner may require that an applicant for a limited license
affirmatively demonstrate that use of public transportation or
carpooling as an alternative to a limited license would be a
significant hardship.

(c) For purposes of this subdivision, "homemaker" refers to
the person primarily performing the domestic tasks in a
household of residents consisting of at least the person and the
person's dependent child or other dependents.

(d) The limited license issued by the commissioner shall
clearly indicate the limitations imposed and the driver
operating under the limited license shall have the license in
possession at all times when operating as a driver.

(e) In determining whether to issue a limited license, the
commissioner shall consider the number and the seriousness of
prior convictions and the entire driving record of the driver
and shall consider the number of miles driven by the driver
annually.

(f) If the person's driver's license or permit to drive has
been revoked under section 169.792 or 169.797, the commissioner
may only issue a limited license to the person after the person
has presented an insurance identification card, policy, or
written statement indicating that the driver or owner has
insurance coverage satisfactory to the commissioner of public
safety. The commissioner of public safety may require the
insurance identification card provided to satisfy this
subdivision be certified by the insurance company to be
noncancelable for a period not to exceed 12 months.

(g) The limited license issued by the commissioner to a
person under section 171.186, subdivision 4, must expire 90 days
after the date it is issued. The commissioner must not issue a
limited license to a person who previously has been issued a
limited license under section 171.186, subdivision 4.

new text begin (h) The commissioner shall not issue a limited driver's
license to any person described in section 171.04, subdivision
1, clause (6), (7), (8), (10), (11), or (14).
new text end

new text begin (i) The commissioner shall not issue a class A, class B, or
class C limited license.
new text end

Sec. 17. new text beginROUSSAIN CEMETERY; DESIGNATION.
new text end

new text begin On agreement of the Fond du Lac Band of Lake Superior
Chippewa and the city of Duluth, the city shall name and
dedicate the cemetery that is on land leased to the band by the
city as "Roussain Cemetery." After consulting with the Fond du
Lac Band, the city shall adopt a suitable marking design to
memorialize the cemetery and erect the appropriate signs or
memorials on assurance of the availability of noncity funds
sufficient to pay all costs related to designing, erecting, and
preserving the signs or memorials.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day after
the governing body of Duluth and its chief clerical officer
comply with Minnesota Statutes, section 645.021, subdivisions 2
and 3.
new text end

Sec. 18. new text beginREPEALER.
new text end

new text begin Minnesota Statutes 2004, sections 168.831, 168.832,
168.833, 168.834, 168.835, 168.836, and 168.837, are repealed.
new text end