HF 1955

as introduced - 87th Legislature (2011 - 2012) Posted on 03/07/2012 04:42pm

A bill for an act
relating to public safety; traffic regulations; clarifying move-over law; adding
requirement for speed when driving by certain parked vehicles; amending
Minnesota Statutes 2010, section 169.18, subdivisions 11, 12.

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

Section 1.

Minnesota Statutes 2010, section 169.18, subdivision 11, is amended to read:

Subd. 11.

Passing parked emergency vehicle; citation; probable cause.

(a) When
approaching and before passing an authorized emergency vehicle with its emergency
lights activated that is parked or otherwise stopped on or next to a street or highway
deleted text begin having two lanes in the same direction deleted text end , the driver of a vehicle shall deleted text begin safely move the
vehicle to the lane farthest away from the emergency vehicle, if it is possible to do so. deleted text end new text begin
proceed with due caution, reduce the speed of the vehicle to a reasonable and safe speed
for road conditions, and, if possible, safely:
new text end

new text begin (1) move the vehicle to the lane farthest away from the emergency vehicle on a
street or highway having two lanes in the same direction; or
new text end

new text begin (2) move the vehicle so as to leave a full lane vacant between the driver and any lane
in which the emergency vehicle is completely or partially parked, or otherwise stopped on
a street or highway having more than two lanes in the same direction.
new text end

deleted text begin (b) When approaching and before passing an authorized emergency vehicle with its
emergency 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 emergency vehicle is completely or partially parked or otherwise stopped,
if it is possible to do so.
deleted text end

deleted text begin (c) deleted text end new text begin (b) 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 (d) deleted text end new text begin (c) 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 (d) deleted text end new text begin (c) 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 responding 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 (c) deleted text end new text begin (b) 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 (e) deleted text end new text begin (d) new text end For purposes of deleted text begin paragraphs deleted text end new text begin paragraph new text end (a) deleted text begin and (b) only deleted text end , the terms "authorized
emergency vehicle" and "emergency vehicle" include a towing vehicle defined in section
169.011, subdivision 83, 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.

Sec. 2.

Minnesota Statutes 2010, section 169.18, subdivision 12, is amended to read:

Subd. 12.

Passing certain parked vehicles.

deleted text begin (a) deleted text end When approaching and before
passing a freeway service patrol, road maintenance, or construction vehicle with its
warning lights activated that is parked or otherwise stopped on or next to a street or
highway deleted text begin having two lanes in the same direction deleted text end , the driver of a vehicle shall deleted text begin safely move
the vehicle to the lane farthest away from the vehicle, if it is possible to do so. deleted text end new text begin proceed
with due caution, reduce the speed of the vehicle to a reasonable and safe speed for road
conditions, and, if possible, safely:
new text end

new text begin (1) move the vehicle to the lane farthest away from the parked or stopped vehicle on
a street or highway having two lanes in the same direction; or
new text end

new text begin (2) move the vehicle so as to leave a full lane vacant between the driver and any
lane in which the parked or stopped vehicle is located on a street or highway having
more than two lanes in the same direction.
new text end

deleted text begin (b) When approaching and before passing a freeway service patrol, road
maintenance, 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.
deleted text end