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HF 1683

2nd Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
  1.1                          A bill for an act
  1.2             relating to traffic regulations; restricting 
  1.3             possession of traffic signal-override device; 
  1.4             providing a penalty; amending Minnesota Statutes 2002, 
  1.5             sections 169.06, by adding a subdivision; 169.20, 
  1.6             subdivision 5. 
  1.8      Section 1.  Minnesota Statutes 2002, section 169.06, is 
  1.9   amended by adding a subdivision to read: 
  1.10     Subd. 5b.  [POSSESSION OF OVERRIDE DEVICE.] (a) For 
  1.11  purposes of this subdivision, "traffic signal-override device" 
  1.12  means a device mounted in a motor vehicle that permits 
  1.13  activation of a traffic signal-override system described in 
  1.14  subdivision 5a. 
  1.15     (b) No person may operate a motor vehicle that contains a 
  1.16  traffic signal override device, other than: 
  1.17     (1) an authorized emergency vehicle described in section 
  1.18  169.01, subdivision 5, clause (1), (2), or (3); 
  1.19     (2) a vehicle engaged in providing regular-route public 
  1.20  transit; 
  1.21     (3) a signal maintenance vehicle of a road authority; or 
  1.22     (4) a vehicle authorized to contain such a device by order 
  1.23  of the commissioner of public safety. 
  1.24     (c) No person may possess a traffic signal override device, 
  1.25  other than: 
  1.26     (1) a person authorized to operate a vehicle described in 
  2.1   paragraph (b), clauses (1) and (2), but only for use in such a 
  2.2   vehicle; 
  2.3      (2) a person authorized by a road authority to perform 
  2.4   signal maintenance, while engaged in such maintenance; or 
  2.5      (3) a person authorized by order of the commissioner of 
  2.6   public safety to possess such a device, but only to the extent 
  2.7   authorized in the order. 
  2.8      (d) A violation of this subdivision is a misdemeanor. 
  2.9      Sec. 2.  Minnesota Statutes 2002, section 169.20, 
  2.10  subdivision 5, is amended to read: 
  2.11     Subd. 5.  [EMERGENCY VEHICLE; PENALTIES.] (a) Except as 
  2.12  otherwise provided in paragraphs (b) and (c), upon the immediate 
  2.13  approach of an authorized emergency vehicle equipped with at 
  2.14  least one lighted lamp exhibiting red light visible under normal 
  2.15  atmospheric conditions from a distance of 500 feet to the front 
  2.16  of the vehicle and, except as otherwise provided in paragraph 
  2.17  (b), when the driver is giving audible signal by siren, the 
  2.18  driver of each other vehicle shall yield the right-of-way and 
  2.19  shall immediately drive to a position parallel to and as close 
  2.20  as possible to the right-hand edge or curb of the highway clear 
  2.21  of any intersection, and shall stop and remain in this position 
  2.22  until the authorized emergency vehicle has passed, except when 
  2.23  otherwise directed by a police officer.  The driver of another 
  2.24  vehicle on a one-way roadway shall drive to the closest edge or 
  2.25  curb and stop.  
  2.26     (b) The driver of an authorized emergency vehicle escorting 
  2.27  the movement of an oversize or overweight vehicle or load need 
  2.28  not sound an audible signal by siren but shall exhibit the light 
  2.29  required by paragraph (a).  The driver of each other vehicle 
  2.30  then shall yield the right-of-way, as required by paragraph (a), 
  2.31  to the emergency vehicle escorting the oversize or overweight 
  2.32  vehicle or load. 
  2.33     (c) Upon the approach of an authorized emergency vehicle 
  2.34  the driver of each streetcar shall immediately stop the car 
  2.35  clear of any intersection and keep it in this position and keep 
  2.36  the doors and gates of the streetcar closed until the authorized 
  3.1   emergency vehicle has passed, except when otherwise directed by 
  3.2   a police officer. The driver of a law enforcement vehicle shall 
  3.3   display the light required by paragraph (a) and may sound an 
  3.4   audible signal by siren, but need not do both.  The driver of 
  3.5   each other vehicle then must yield the right-of-way, as required 
  3.6   by paragraph (a), to the law enforcement vehicle. 
  3.7      (d) This subdivision does not operate to relieve the driver 
  3.8   of an authorized emergency vehicle from the duty to drive with 
  3.9   due regard for the safety of persons using the highways. 
  3.10     (e) A driver who fails to comply with paragraph (a), (b), 
  3.11  or (c) is guilty of a petty misdemeanor and may be penalized 
  3.12  according to section 169.89. 
  3.13     (f) A driver who intentionally obstructs an emergency 
  3.14  vehicle or otherwise intentionally fails to comply with 
  3.15  paragraph (a), (b), or (c) is guilty of a misdemeanor. 
  3.16     [EFFECTIVE DATE.] This section is effective August 1, 2004, 
  3.17  and applies to crimes committed on or after that date.