HF 1592

as introduced - 87th Legislature (2011 - 2012) Posted on 04/27/2011 10:02am

A bill for an act
relating to traffic regulations; permitting use of lights by licensed protective
agents under certain escort circumstances; amending powers of licensed
protective agents; making technical changes; amending Minnesota Statutes 2010,
sections 169.64, subdivision 3, by adding a subdivision; 169.86, subdivision 3b;
326.338, subdivision 4.

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

Section 1.

Minnesota Statutes 2010, section 169.64, subdivision 3, is amended to read:

Subd. 3.

Flashing lights.

new text begin (a) new text end Flashing lights are prohibited, except new text begin :
new text end

new text begin (1) new text end on an authorized emergency vehicle, school bus, bicycle as provided in section
169.222, subdivision 6, road maintenance equipment, tow truck or towing vehicle, service
vehicle, farm tractor, self-propelled farm equipment, rural mail carrier vehicle, funeral
home vehicle deleted text begin , or deleted text end new text begin ;
new text end

new text begin (2) new text end on any vehicle as a means of indicating a right or left turn, deleted text begin or deleted text end new text begin as provided under
section 169.57, subdivision 2;
new text end

new text begin (3) in new text end the presence of a vehicular traffic hazard requiring unusual care in approaching,
overtaking, or passing new text begin , and as provided under section 169.59, subdivision 4; or
new text end

new text begin (4) as authorized in this section new text end .

new text begin (b) new text end All flashing warning lights shall be of the type authorized by section 169.59,
subdivision 4, unless otherwise permitted or required in this chapter.

Sec. 2.

Minnesota Statutes 2010, section 169.64, is amended by adding a subdivision
to read:

new text begin Subd. 5a. new text end

new text begin Light on protective agent vehicle. new text end

new text begin (a) A person who is licensed as a
protective agent under sections 326.32 to 326.339 may operate a vehicle with one or
more lights as provided in this subdivision.
new text end

new text begin (b) A person operating a vehicle may display the lights under this subdivision
only when that person is escorting (1) another vehicle that is operating under a special
permit issued under section 169.86 that requires use of flashing warning lights, or (2) a
funeral procession.
new text end

new text begin (c) The lights under this subdivision:
new text end

new text begin (1) may be solid, flashing, oscillating, alternating, intermittent, or rotating;
new text end

new text begin (2) may display to the front of the vehicle (i) white or amber lights, or (ii) lights
projecting any shade of color between white and amber;
new text end

new text begin (3) may display to the front or rear of the vehicle (i) amber or red lights, or (ii) lights
projecting any shade of color between amber and red; and
new text end

new text begin (4) must meet the requirements of the commissioner of public safety under section
169.65.
new text end

Sec. 3.

Minnesota Statutes 2010, section 169.86, subdivision 3b, is amended to read:

Subd. 3b.

Escort vehicles.

new text begin (a) new text end The commissioner or local authority shall specify
in the permit:

(1) the minimum number of escort vehicles required to escort the overdimensional
load; deleted text begin and
deleted text end

(2) new text begin whether and the manner in which flashing warning lights are required; and
new text end

new text begin (3) new text end whether the operators of the escort vehicles new text begin :
new text end

new text begin (i) new text end must be certified licensed peace officers new text begin or licensed protective agents under
section 326.338, subdivision 4; new text end or

new text begin (ii) new text end may be overdimensional load escort drivers who hold a current certificate under
section 299D.085.

new text begin (b) For a permit under this section requiring escort of the overdimensional load, the
commissioner of transportation may not adopt a rule or other regulation that, whether
directly or indirectly, (1) bars licensed protective agents from performing the traffic
control duties under section 326.338, subdivision 4, clause (4); or (2) has the effect
of requiring the permit holder to obtain escort services specifically from either a peace
officer or a licensed protective agent.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Paragraph (a) is effective on the same day as the effective
date of Laws 2010, chapter 311, section 2. Paragraph (b) is effective August 1, 2011.
new text end

Sec. 4.

Minnesota Statutes 2010, section 326.338, subdivision 4, is amended to read:

Subd. 4.

Protective agent.

A person who for a fee, reward, or other valuable
consideration undertakes any of the following acts is considered to be engaged in the
business of protective agent:

(1) providing guards, private patrol, or other security personnel to protect persons or
their property or to prevent the theft, unlawful taking of goods, merchandise, or money, or
to prevent the misappropriation or concealment of goods, merchandise, money, or other
valuable things, or to procure the return of those things;

(2) physically responding to any alarm signal device, burglar alarm, television
camera, still camera, or a mechanical or electronic device installed or used to prevent or
detect burglary, theft, shoplifting, pilferage, losses, or other security measures;

(3) providing armored car services for the protection of persons or property;

(4) controlling motor traffic on public streets, roads, and highways for the purpose of
escorting a funeral procession and oversized loads new text begin , including but not limited to controlling
right-of-way of oncoming traffic new text end ; or

(5) providing management and control of crowds for the purpose of safety and
protection.

A person covered by this subdivision may perform the traffic-control duties in clause
(4) in place of a deleted text begin police deleted text end new text begin peace new text end officer when a special permit is required, provided that
the protective agent is first-aid qualified.