HF 138

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to traffic regulations; enacting the Safe
School Zone Law; making clarifying and technical
changes; amending Minnesota Statutes 2004, sections
169.01, by adding a subdivision; 169.14, subdivisions
2, 4, 5a.

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

Section 1.

Minnesota Statutes 2004, section 169.01, is
amended by adding a subdivision to read:

new text begin Subd. 91. new text end

new text begin School zone. new text end

new text begin "School zone" means that section
of a street or highway that abuts the grounds of a school where
children have access to the street or highway from the school
property or where an established school crossing is located;
provided, the school advance sign prescribed by the Manual on
Uniform Traffic Control Devices adopted by the commissioner of
transportation pursuant to section 169.06 is in place. All
signs erected by local authorities to designate speed limits in
school zones must conform to the Manual on Uniform Traffic
Control Devices.
new text end

Sec. 2.

Minnesota Statutes 2004, section 169.14,
subdivision 2, is amended to read:

Subd. 2.

Speed limits.

(a) Where no special hazard
exists new text begin , new text end the following speeds deleted text begin shall be deleted text end new text begin are new text end lawful, but any deleted text begin speeds
deleted text end new text begin speed new text end in excess of deleted text begin such deleted text end new text begin these new text end limits deleted text begin shall be deleted text end new text begin is new text end prima facie
evidence that the speed is not reasonable or prudent and that it
is unlawful; except that the speed limit within any municipality
deleted text begin shall be deleted text end new text begin is new text end a maximum limit and any speed in excess deleted text begin thereof
shall be deleted text end new text begin of that limit is new text end unlawful:

(1) 30 miles per hour in an urban district or on a town
road in a rural residential district;

(2) 65 miles per hour on noninterstate freeways and
expressways, as defined in section 160.02, subdivision 19;

(3) 55 miles per hour in locations other than those
specified in this section;

(4) 70 miles per hour on interstate highways outside the
limits of any urbanized area with a population of greater than
50,000 as defined by order of the commissioner of
transportation;

(5) 65 miles per hour on interstate highways inside the
limits of any urbanized area with a population of greater than
50,000 as defined by order of the commissioner of
transportation;

(6) ten miles per hour in deleted text begin alleys deleted text end new text begin alleyways new text end ; deleted text begin and
deleted text end

(7) 25 miles per hour in residential roadways if adopted by
the road authority having jurisdiction over the residential
roadway new text begin ; and
new text end

new text begin (8) 25 miles per hour in school zones new text end .

(b) A speed limit adopted under paragraph (a), clause (7),
is not effective unless the road authority has erected signs
designating the speed limit and indicating the beginning and end
of the residential roadway on which the speed limit applies.

(c) For purposes of this subdivision, "rural residential
district" means the territory contiguous to and including any
town road within a subdivision or plat of land that is built up
with dwelling houses at intervals of less than 300 feet for a
distance of one-quarter mile or more.

Sec. 3.

Minnesota Statutes 2004, section 169.14,
subdivision 4, is amended to read:

Subd. 4.

Establishment of zones by commissioner.

new text begin Except
as provided in subdivision 5a, new text end on determining upon the basis of
an engineering and traffic investigation that any speed set
forth in this section is greater or less than is reasonable or
safe under the conditions found to exist on any trunk highway or
upon any part thereof, the commissioner may erect appropriate
signs designating a reasonable and safe speed limit deleted text begin thereat deleted text end ,
which deleted text begin speed limit shall be deleted text end new text begin becomes new text end effective when deleted text begin such deleted text end new text begin the new text end signs
are erected new text begin there new text end . Any deleted text begin speeds deleted text end new text begin speed new text end in excess of deleted text begin such deleted text end new text begin these
new text end limits deleted text begin shall be deleted text end new text begin is new text end prima facie evidence that the speed is not
reasonable or prudent and that it is unlawful; except that any
speed limit within any municipality deleted text begin shall be deleted text end new text begin or within any
school zone is new text end a maximum limit and any speed in excess deleted text begin thereof
shall be deleted text end new text begin of that limit is new text end unlawful. On determining upon that
basis that a part of the trunk highway system outside a
municipality should be a zone of maximum speed limit, the
commissioner may establish that part as such a zone by erecting
appropriate signs showing the beginning and end of the zone,
designating a reasonable and safe speed therefor, which may be
different than the speed set forth in this section, and that it
is a zone of maximum speed limit. The speed so designated by
the commissioner within any such zone deleted text begin shall be deleted text end new text begin is new text end a maximum
speed limit, and speed in excess of deleted text begin such deleted text end new text begin that new text end limit deleted text begin shall be deleted text end new text begin is
new text end unlawful. The commissioner may in the same manner from time to
time alter the boundary of such a zone and the speed limit
therein or eliminate deleted text begin such deleted text end new text begin the new text end zone.

Sec. 4.

Minnesota Statutes 2004, section 169.14,
subdivision 5a, is amended to read:

Subd. 5a.

Speed zoning in school zone; surcharge.

(a) new text begin A
new text end local deleted text begin authorities deleted text end new text begin authority, with the agreement of a school
board or nonpublic school administration, new text end may establish a deleted text begin school
deleted text end speed limit new text begin that is less than 25 miles per hour new text end within a school
zone of a public or nonpublic school deleted text begin upon the basis of an
engineering and traffic investigation as prescribed by the
commissioner of transportation deleted text end new text begin located on a street or highway
within the jurisdiction of the local authority new text end . The
establishment of a school speed limit new text begin that is more than or less
than 25 miles per hour new text end on any trunk highway deleted text begin shall deleted text end new text begin must new text end be deleted text begin with
the consent deleted text end new text begin by agreement new text end of the commissioner of transportation
new text begin with the school board or, in the case of a nonpublic school,
with the school's administrator new text end . deleted text begin Such deleted text end School speed limits deleted text begin shall
be deleted text end new text begin are new text end in effect when children are present, going to or leaving
school during opening or closing hours or during school recess
periods. deleted text begin The school speed limit shall not be lower than 15
miles per hour and shall not be more than 30 miles per hour
below the established speed limit on an affected street or
highway.
deleted text end

(b) The school speed limit deleted text begin shall be deleted text end new text begin becomes new text end effective upon
the erection of appropriate signs designating the speed and
indicating the beginning and end of the reduced speed zone. Any
speed in excess of deleted text begin such deleted text end new text begin the new text end posted school speed limit is
unlawful. deleted text begin All such deleted text end new text begin These new text end signs deleted text begin shall deleted text end new text begin must new text end be erected by the
local authorities on those streets and highways under their
respective jurisdictions and by the commissioner of
transportation on trunk highways.

(c) deleted text begin For the purpose of this subdivision, "school zone"
means that section of a street or highway which abuts the
grounds of a school where children have access to the street or
highway from the school property or where an established school
crossing is located provided the school advance sign prescribed
by the manual on uniform traffic control devices adopted by the
commissioner of transportation pursuant to section 169.06 is in
place. All signs erected by local authorities to designate
speed limits in school zones shall conform to the Manual on
Uniform Control Devices.
deleted text end

deleted text begin (d) deleted text end Notwithstanding section 609.0331 or 609.101 or other
law to the contrary, a person who violates a speed limit
established under this subdivision is assessed an additional
surcharge equal to the amount of the fine imposed for the
violation, but not less than $25.