HF 1408

1st Division Engrossment - 91st Legislature (2019 - 2020) Posted on 03/11/2019 09:39am

A bill for an act
relating to public safety; authorizing peace officers to issue citations based on
report from work zone flagger; prohibiting wireless communications device use
in work zones; providing penalties; amending Minnesota Statutes 2018, sections
169.06, subdivision 4a; 169.475, subdivisions 2, 3; proposing coding for new law
in Minnesota Statutes, chapter 160.

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

Section 1.

new text begin [160.075] ROAD CONSTRUCTION CONTRACTS; SPECIFICATIONS.
new text end

new text begin (a) For purposes of this section, "live traffic contract" means a contract for road
construction, reconstruction, or maintenance, in which it is anticipated that:
new text end

new text begin (1) work zone flaggers are present within the work zone, as defined in section 169.011,
subdivision 95; and
new text end

new text begin (2) one or more lanes of traffic are open for vehicular travel and are adjacent to the
location of any workers.
new text end

new text begin (b) A road authority, including a statutory or home rule charter city, must include a bid
item for flagging hours within the specifications for a live traffic contract.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies for contracts
advertised for bids on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2018, section 169.06, subdivision 4a, is amended to read:

Subd. 4a.

Obedience to work zone flagger; violation, penalty.

(a) A flagger in a work
zone may stop vehicles deleted text begin and deleted text end new text begin , new text end hold vehicles in place deleted text begin until it is safe for the vehicles to proceed.
A person operating a motor vehicle that has been stopped by a flagger in a work zone may
proceed after stopping only on instruction by the flagger or a police officer deleted text end new text begin , and direct
vehicles to proceed when it is safe. A driver who does not comply with an instruction made
by a flagger in a work zone under this paragraph is guilty of a petty misdemeanor and must
pay a fine of $300 in addition to the surcharge under section 357.021, subdivision 6 new text end .

(b) A person convicted of operating a motor vehicle in violation of a speed limit in a
work zone, or any other provision of this section while in a work zone, shall be required to
pay a fine of $300. This fine is in addition to the surcharge under section 357.021, subdivision
6.

(c) If a motor vehicle is operated in violation of paragraph (a), the owner of the vehicle,
or for a leased motor vehicle the lessee of the vehicle, is guilty of a petty misdemeanor and
is subject to a fine as provided in paragraph deleted text begin (b) deleted text end new text begin (a) new text end . The owner or lessee may not be fined
under this paragraph if (1) another person is convicted for that violation, or (2) the motor
vehicle was stolen at the time of the violation. This paragraph does not apply to a lessor of
a motor vehicle if the lessor keeps a record of the name and address of the lessee.

(d) Paragraph (c) does not prohibit or limit the prosecution of a motor vehicle operator
for violating paragraph (a).

(e) A violation under paragraph (c) does not constitute grounds for revocation or
suspension of a driver's license.

new text begin (f) A peace officer may issue a citation to the operator of a motor vehicle if the peace
officer has probable cause to believe that the person has operated the vehicle in violation
of paragraph (a). In addition to other evidentiary elements or factors, a peace officer has
probable cause under this subdivision if:
new text end

new text begin (1) a qualified work zone flagger has provided a report of a violation of paragraph (a)
that includes a description and the license plate number of the vehicle used to commit the
offense, and the time of the incident;
new text end

new text begin (2) the person is operating the vehicle described in the report; and
new text end

new text begin (3) it is within the four-hour period following the time of the incident, as specified in
the report.
new text end

new text begin (g) A work zone flagger is qualified to provide a report under paragraph (f) if each
flagger involved in the reporting has completed training that includes information on flagging
operations, equipment, traffic laws, observation and accurate identification of motor vehicles,
and delegation of duties involving a report under paragraph (f).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to violations
that occur on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2018, section 169.475, subdivision 2, is amended to read:

Subd. 2.

Prohibition on use; penalty.

(a) No person may operate a motor vehicle while
using a wireless communications device to compose, read, or send an electronic message,
when the vehicle is in motion or a part of traffic.

(b) new text begin When a motor vehicle is in motion or a part of traffic, the person operating the vehicle
is prohibited from using a wireless communications device while in a work zone, which
includes but is not limited to engaging in a cellular phone call, including initiating a call,
talking or listening, and participating in video calling.
new text end

new text begin (c) new text end A person who violates deleted text begin paragraph (a) deleted text end new text begin this subdivision new text end a second or subsequent time
must pay a fine of $225, plus the amount specified in the uniform fine schedule established
by the Judicial Council.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to violations
that occur on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2018, section 169.475, subdivision 3, is amended to read:

Subd. 3.

Exceptions.

This section does not apply if a wireless communications device
is used:

(1) solely in a voice-activated or other hands-free mode;

(2) new text begin except for the prohibition under subdivision 2, paragraph (b), new text end for making a cellular
phone call;

(3) for obtaining emergency assistance to (i) report a traffic accident, medical emergency,
or serious traffic hazard, or (ii) prevent a crime about to be committed;

(4) in the reasonable belief that a person's life or safety is in immediate danger; or

(5) in an authorized emergency vehicle while in the performance of official duties.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to violations
that occur on or after that date.
new text end