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Minnesota Legislature

Office of the Revisor of Statutes

HF 1188

2nd Engrossment - 91st Legislature (2019 - 2020) Posted on 05/06/2019 11:46am

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

Bill Text Versions

Engrossments
Introduction Posted on 02/14/2019
1st Engrossment Posted on 03/14/2019
2nd Engrossment Posted on 05/01/2019

Current Version - 2nd Engrossment

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A bill for an act
relating to transportation; requiring drivers to slow down when passing stopped
service vehicles; authorizing recycling trucks to be equipped with and to use amber
lights while collecting recycling; amending Minnesota Statutes 2018, sections
169.011, by adding subdivisions; 169.18, subdivision 11; 169.64, subdivision 9;
repealing Minnesota Statutes 2018, section 169.18, subdivision 12.

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

Section 1.

Minnesota Statutes 2018, section 169.011, is amended by adding a subdivision
to read:


new text begin Subd. 62a. new text end

new text begin Recycling vehicle. new text end

new text begin "Recycling vehicle" means a vehicle hauling recyclable
materials as authorized by section 115A.93, subdivision 1.
new text end

Sec. 2.

Minnesota Statutes 2018, section 169.011, is amended by adding a subdivision to
read:


new text begin Subd. 76a. new text end

new text begin Solid waste vehicle. new text end

new text begin "Solid waste vehicle" means a vehicle hauling solid
waste as authorized by section 115A.93, subdivision 1.
new text end

Sec. 3.

Minnesota Statutes 2018, section 169.18, subdivision 11, is amended to read:


Subd. 11.

Passing parked deleted text beginemergencydeleted text endnew text begin authorizednew text end vehicle; citation; probable cause.

(a)new text begin
For purposes of this subdivision, "authorized vehicle" means an authorized emergency
vehicle, as defined under section 169.011, subdivision 3; a tow truck or towing vehicle, as
defined under section 168B.011, subdivision 12a; a freeway service patrol vehicle; a road
maintenance vehicle; a utility company vehicle; a construction vehicle; a solid waste vehicle;
or a recycling vehicle.
new text end

new text begin (b)new text end When approaching and before passing an authorized deleted text beginemergencydeleted text end vehicle with its
emergencynew text begin, flashing, or warningnew text end lights activated that is parked or otherwise stopped on or
next to a street or highway having two lanes in the same direction, the driver of a vehicle
shall safely move the vehicle to the lane farthest away from the deleted text beginemergencydeleted text endnew text begin authorizednew text end
vehicle, if it is possible to do so.

deleted text begin (b)deleted text endnew text begin (c)new text end When approaching and before passing an authorized deleted text beginemergencydeleted text end vehicle with its
emergencynew text begin, flashing, or warningnew text end lights activated that is parked or otherwise stopped on or
next to a street or highway having more than two lanes in the same direction, the driver of
a vehicle shall safely move the vehicle so as to leave a full lane vacant between the driver
and any lane in which the deleted text beginemergencydeleted text endnew text begin authorizednew text end vehicle is completely or partially parked
or otherwise stopped, if it is possible to do so.

deleted text begin (c)deleted text endnew text begin (d)new text end If a lane change under paragraph deleted text begin(a)deleted text endnew text begin (b)new text end or deleted text begin(b)deleted text endnew text begin (c)new text end is impossible, or when
approaching and before passing an authorized deleted text beginemergencydeleted text end vehicle with its emergencynew text begin,
flashing, or warning
new text end lights activated that is parked or otherwise stopped on or next to a street
or highway having only one lane in the same direction, the driver of a vehicle must reduce
the speed of the motor vehicle to a speed that is reasonable and prudent under the conditions
until the motor vehicle has completely passed the parked or stopped deleted text beginemergencydeleted text endnew text begin authorizednew text end
vehicle, if it is possible to do so.

deleted text begin (d)deleted text endnew text begin (e)new text end A peace officer may issue a citation to the driver of a motor vehicle if the peace
officer has probable cause to believe that the driver has operated the vehicle in violation of
this subdivision within the four-hour period following the termination of the incident or a
receipt of a report under paragraph deleted text begin(e)deleted text endnew text begin (f)new text end. The citation may be issued even though the
violation was not committed in the presence of the peace officer.

deleted text begin (e)deleted text endnew text begin (f)new text end Although probable cause may be otherwise satisfied by other evidentiary elements
or factors, probable cause is sufficient for purposes of this subdivision when the person
cited is operating the vehicle described by a member of the crew of an authorized emergency
vehicle new text beginor a towing vehicle as defined in section 168B.011, subdivision 12a, new text endresponding to
an incident in a timely report of the violation of this subdivision, which includes a description
of the vehicle used to commit the offense and the vehicle's license plate number. For the
purposes of issuance of a citation under paragraph deleted text begin(d)deleted text endnew text begin (e)new text end, "timely" means that the report
must be made within a four-hour period following the termination of the incident.

deleted text begin (f) For purposes of paragraphs (a) to (c) only, "authorized emergency vehicle" and
"emergency vehicle" include a towing vehicle defined in section 168B.011, subdivision
12a
, that has activated flashing lights authorized under section 169.64, subdivision 3, in
addition to the vehicles described in the definition for "authorized emergency vehicle" in
section 169.011, subdivision 3.
deleted text end

Sec. 4.

Minnesota Statutes 2018, section 169.64, subdivision 9, is amended to read:


Subd. 9.

Warning lamp on vehicles collecting solid wastenew text begin or recyclingnew text end.

A deleted text beginvehicle
used to collect
deleted text end solid waste new text beginvehicle or recycling vehicle new text endmay be equipped with a single amber
deleted text begin gaseous dischargedeleted text end warning lamp that meets the new text beginmost current new text endSociety of Automotive Engineers
standard deleted text beginJ 1318deleted text endnew text begin for authorized maintenance and service vehiclesnew text end, Class 2. The lamp may
be operated only when the collection vehicle is in the process of collecting solid waste new text beginor
recycling
new text endand is either:

(1) stopped at an establishment where solid wastenew text begin or recyclingnew text end is to be collected; or

(2) traveling at a speed that is at least ten miles per hour below the posted speed limit
and moving between establishments where solid waste new text beginor recycling new text endis to be collected.

Sec. 5. new text beginREPEALER.
new text end

new text begin Minnesota Statutes 2018, section 169.18, subdivision 12, new text end new text begin is repealed.
new text end

Sec. 6. new text beginEFFECTIVE DATE.
new text end

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

APPENDIX

Repealed Minnesota Statutes: H1188-2

169.18 DRIVING RULES.

Subd. 12.

Passing certain parked vehicles.

(a) When approaching and before passing a freeway service patrol vehicle, road maintenance vehicle, utility company vehicle, or construction vehicle with its warning lights activated that is parked or otherwise stopped on or next to a street or highway having two lanes in the same direction, the driver of a vehicle shall safely move the vehicle to the lane farthest away from the parked or stopped vehicle, if it is possible to do so.

(b) When approaching and before passing a freeway service patrol vehicle, road maintenance vehicle, utility company vehicle, or construction vehicle with its warning lights activated that is parked or otherwise stopped on or next to a street or highway having more than two lanes in the same direction, the driver of a vehicle shall safely move the vehicle so as to leave a full lane vacant between the driver and any lane in which the vehicle is completely or partially parked or otherwise stopped, if it is possible to do so.

(c) If a lane change under paragraph (a) or (b) is impossible, or when approaching and before passing a freeway service patrol vehicle, road maintenance vehicle, utility company vehicle, or construction vehicle with its warning lights activated that is parked or otherwise stopped on or next to a street or highway having only one lane in the same direction, the driver of a vehicle must reduce the speed of the motor vehicle to a speed that is reasonable and prudent under the conditions until the motor vehicle has completely passed the parked or stopped freeway service patrol vehicle, road maintenance vehicle, utility company vehicle, or construction vehicle, if it is possible to do so.