HF 2078

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

  1.1                          A bill for an act 
  1.2             relating to public transit; clarifying railroad grade 
  1.3             crossing requirements; authorizing regulation of light 
  1.4             rail transit warning signals; clarifying crimes 
  1.5             involving public transit; providing penalties; 
  1.6             amending Minnesota Statutes 2002, section 609.855, 
  1.7             subdivision 1, by adding a subdivision; Minnesota 
  1.8             Statutes 2003 Supplement, section 169.28, subdivision 
  1.9             1; proposing coding for new law in Minnesota Statutes, 
  1.10            chapter 473. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 2003 Supplement, section 
  1.13  169.28, subdivision 1, is amended to read: 
  1.14     Subdivision 1.  [STOP REQUIRED.] (a) The driver of any 
  1.15  motor vehicle carrying passengers for hire, or of any school bus 
  1.16  whether carrying passengers or not, or of any Head Start bus 
  1.17  whether carrying passengers or not, or of any vehicle that is 
  1.18  required to stop at railroad grade crossings under Code of 
  1.19  Federal Regulations, title 49, section 392.10, before crossing 
  1.20  at grade any track or tracks of a railroad, shall stop the 
  1.21  vehicle not less than 15 feet nor more than 50 feet from the 
  1.22  nearest rail of the railroad and while so stopped shall listen 
  1.23  and look in both directions along the track for any approaching 
  1.24  train, and for signals indicating the approach of a train, 
  1.25  except as hereinafter provided, and shall not proceed until safe 
  1.26  to do so.  The driver must not shift gears while crossing the 
  1.27  railroad tracks.  
  1.28     (b) A school bus or Head Start bus shall not be flagged 
  2.1   across railroad grade crossings except at those railroad grade 
  2.2   crossings that the local school administrative officer may 
  2.3   designate. 
  2.4      (c) A type III school bus, as defined in section 169.01, is 
  2.5   exempt from the requirement of school buses to stop at railroad 
  2.6   grade crossings. 
  2.7      (d) The requirements of this subdivision do not apply to 
  2.8   the crossing of light rail vehicle track or tracks that are 
  2.9   located in a public street when: 
  2.10     (1) the crossing occurs within the intersection of two or 
  2.11  more public streets; 
  2.12     (2) the intersection is controlled by a traffic control 
  2.13  signal; and 
  2.14     (3) the intersection is marked with signs indicating to 
  2.15  drivers that the requirements of this subdivision do not apply. 
  2.16  Notwithstanding any other provision of law, the owner or 
  2.17  operator of the track or tracks is authorized to place, 
  2.18  maintain, and display the signs upon and in the view of the 
  2.19  public street or streets. 
  2.20     Sec. 2.  [473.4055] [REGULATION OF LIGHT RAIL TRANSIT 
  2.21  WARNING SIGNALS.] 
  2.22     A statutory or home rule charter city or town may by 
  2.23  ordinance regulate within its jurisdiction the sounding of 
  2.24  horns, whistles, or other audible warnings by light rail transit 
  2.25  vehicles.  All regulations and ordinances adopted under this 
  2.26  section must conform to federal law. 
  2.27     Sec. 3.  Minnesota Statutes 2002, section 609.855, 
  2.28  subdivision 1, is amended to read: 
  2.29     Subdivision 1.  [UNLAWFULLY OBTAINING SERVICES; 
  2.30  MISDEMEANOR.] A person is guilty of a misdemeanor who 
  2.31  intentionally obtains or attempts to obtain service for himself, 
  2.32  herself, or another person from a provider of public 
  2.33  transit service or from a public conveyance, by doing any of the 
  2.34  following: 
  2.35     (1) occupies or rides in any public transit vehicle without 
  2.36  paying the required applicable fare or otherwise obtaining the 
  3.1   consent of an authorized the transit representative. provider 
  3.2   including: 
  3.3      (i) the use of a reduced fare when a person is not eligible 
  3.4   for the fare; or 
  3.5      (ii) the use of a fare medium issued solely for the use of 
  3.6   a particular individual by another individual; 
  3.7      (2) presents a falsified, counterfeit, photocopied, or 
  3.8   other deceptively manipulated fare medium as fare payment or 
  3.9   proof of fare payment; 
  3.10     (3) sells, provides, copies, reproduces, or creates any 
  3.11  version of any fare medium without the consent of the transit 
  3.12  provider; or 
  3.13     (4) puts or attempts to put any of the following into any 
  3.14  fare box, pass reader, ticket vending machine, or other fare 
  3.15  collection equipment of a transit provider: 
  3.16     (i) papers, articles, instruments, or items other than fare 
  3.17  media or currency; or 
  3.18     (ii) a fare medium that is not valid for the place or time 
  3.19  at, or the manner in, which it is used. 
  3.20     Where self-service barrier-free fare collection is utilized 
  3.21  by a public transit provider, it is a violation of this 
  3.22  subdivision to intentionally fail to exhibit proof of fare 
  3.23  payment upon the request of an authorized transit representative 
  3.24  when entering, riding upon, or leaving a transit vehicle or when 
  3.25  present in a designated paid fare zone located in a transit 
  3.26  facility. 
  3.27     Sec. 4.  Minnesota Statutes 2002, section 609.855, is 
  3.28  amended by adding a subdivision to read: 
  3.29     Subd. 7.  [DEFINITIONS.] (a) The definitions in this 
  3.30  subdivision apply in this section.  
  3.31     (b) "Public transit" or "transit" has the meaning given in 
  3.32  section 174.22, subdivision 7. 
  3.33     (c) "Public transit vehicle" or "transit vehicle" means any 
  3.34  vehicle used for the purpose of providing public transit, 
  3.35  whether or not the vehicle is owned or operated by a public 
  3.36  entity. 
  4.1      (d) "Public transit facilities" or "transit facilities" 
  4.2   means any vehicles, equipment, property, structures, stations, 
  4.3   improvements, plants, parking or other facilities, or rights 
  4.4   that are owned, leased, held, or used for the purpose of 
  4.5   providing public transit, whether or not the facility is owned 
  4.6   or operated by a public entity. 
  4.7      (e) "Fare medium" means a ticket, smart card, pass, coupon, 
  4.8   token, transfer, or other medium sold or distributed by a public 
  4.9   transit provider, or its authorized agents, for use in gaining 
  4.10  entry to or use of the public transit facilities or vehicles of 
  4.11  the provider. 
  4.12     (f) "Proof of fare payment" means a fare medium valid for 
  4.13  the place or time at, or the manner in, which it is used.  If 
  4.14  using a reduced-fare medium, proof of fare payment also includes 
  4.15  proper identification demonstrating a person's eligibility for 
  4.16  the reduced fare.  If using a fare medium issued solely for the 
  4.17  use of a particular individual, proof of fare payment also 
  4.18  includes an identification document bearing a photographic 
  4.19  likeness of the individual and demonstrating that the individual 
  4.20  is the person to whom the fare medium is issued. 
  4.21     (g) "Authorized transit representative" means the person 
  4.22  authorized by the transit provider to operate the transit 
  4.23  vehicle, a peace officer, or any other person designated by the 
  4.24  transit provider as an authorized transit provider under this 
  4.25  section. 
  4.26     Sec. 5.  [EFFECTIVE DATE.] 
  4.27     This act is effective the day following final enactment.