HF 1266

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to traffic regulations; prohibiting passing a 
  1.3             school bus on the right-hand side while the bus is 
  1.4             displaying flashing amber prewarning signals; 
  1.5             providing a criminal penalty; amending Minnesota 
  1.6             Statutes 1996, section 169.444, subdivisions 2, 5, 6, 
  1.7             7, and by adding a subdivision. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1996, section 169.444, is 
  1.10  amended by adding a subdivision to read: 
  1.11     Subd. 1a.  [PASSING ON RIGHT.] No person may pass or 
  1.12  attempt to pass a school bus in a motor vehicle on the 
  1.13  right-hand, passenger-door side of the bus when the school bus 
  1.14  is displaying the prewarning flashing amber signals as required 
  1.15  in section 169.443, subdivision 1. 
  1.16     Sec. 2.  Minnesota Statutes 1996, section 169.444, 
  1.17  subdivision 2, is amended to read: 
  1.18     Subd. 2.  [VIOLATIONS BY DRIVERS; PENALTIES.] (a) A person 
  1.19  who fails to stop a vehicle or to keep it stopped, as required 
  1.20  in subdivision 1, or who violates subdivision 1a, is guilty of a 
  1.21  misdemeanor punishable by a fine of not less than $300. 
  1.22     (b) A person is guilty of a gross misdemeanor if the person 
  1.23  fails to stop a motor vehicle or to keep it stopped, as required 
  1.24  in subdivision 1, and commits either or both of the following 
  1.25  acts: 
  1.26     (1) passes or attempts to pass the school bus in a motor 
  2.1   vehicle on the right-hand, passenger-door side of the bus; or 
  2.2      (2) passes or attempts to pass the school bus in a motor 
  2.3   vehicle when a school child is outside of and on the street or 
  2.4   highway used by the school bus or on the adjacent sidewalk. 
  2.5      Sec. 3.  Minnesota Statutes 1996, section 169.444, 
  2.6   subdivision 5, is amended to read: 
  2.7      Subd. 5.  [CAUSE FOR ARREST.] A peace officer may arrest 
  2.8   the driver of a motor vehicle if the peace officer has probable 
  2.9   cause to believe that the driver has operated the vehicle in 
  2.10  violation of subdivision 1 or 1a within the past four hours. 
  2.11     Sec. 4.  Minnesota Statutes 1996, section 169.444, 
  2.12  subdivision 6, is amended to read: 
  2.13     Subd. 6.  [VIOLATION; PENALTY FOR OWNERS AND LESSEES.] (a) 
  2.14  If a motor vehicle is operated in violation of subdivision 1 or 
  2.15  1a, the owner of the vehicle, or for a leased motor vehicle the 
  2.16  lessee of the vehicle, is guilty of a petty misdemeanor. 
  2.17     (b) The owner or lessee may not be fined under paragraph 
  2.18  (a) if (1) another person is convicted for that violation, or 
  2.19  (2) the motor vehicle was stolen at the time of the violation.  
  2.20     (c) Paragraph (a) does not apply to a lessor of a motor 
  2.21  vehicle if the lessor keeps a record of the name and address of 
  2.22  the lessee.  
  2.23     (d) Paragraph (a) does not prohibit or limit the 
  2.24  prosecution of a motor vehicle operator for violating 
  2.25  subdivision 1 or 1a.  
  2.26     (e) A violation under paragraph (a) does not constitute 
  2.27  grounds for revocation or suspension of the owner's or lessee's 
  2.28  driver's license.  
  2.29     Sec. 5.  Minnesota Statutes 1996, section 169.444, 
  2.30  subdivision 7, is amended to read: 
  2.31     Subd. 7.  [EVIDENTIARY PRESUMPTIONS.] (a) There is a 
  2.32  rebuttable presumption that signals described in section 169.442 
  2.33  were in working order and operable when a violation of 
  2.34  subdivision 1, 1a, 2, or 5 was allegedly committed, if the 
  2.35  signals of the applicable school bus were inspected and visually 
  2.36  found to be in working order and operable within 12 hours 
  3.1   preceding the incident giving rise to the violation. 
  3.2      (b) There is a rebuttable presumption that a motor vehicle 
  3.3   outwardly equipped and identified as a school bus satisfies all 
  3.4   of the identification and equipment requirements of section 
  3.5   169.441 when a violation of subdivision 1, 1a, 2, or 5 was 
  3.6   allegedly committed, if the applicable school bus bears a 
  3.7   current inspection certificate issued under section 169.451.