2nd Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to transportation; allowing highway service 1.3 signs for gasoline service stations and other retail 1.4 motor fuel businesses; eliminating limitation on 1.5 funding advances for completing county state-aid 1.6 highways in cities; prohibiting motor vehicle from 1.7 closely following authorized emergency vehicle 1.8 responding to emergency; authorizing use of 1.9 alternative warning lights at traffic accidents; 1.10 allowing limited exemption from federal 1.11 hours-of-service regulation for transporting 1.12 agricultural products; providing for turnbacks to 1.13 local governments of legislative routes Nos. 232, 261, 1.14 300, 326, and 385; making technical and conforming 1.15 changes; amending Minnesota Statutes 1994, sections 1.16 160.292, subdivisions 1, 2, 3, 4, 5, 10, and by adding 1.17 subdivisions; 160.293, subdivisions 1, 2, 3, and 4; 1.18 160.294, subdivisions 1, 2, and by adding a 1.19 subdivision; 160.295, subdivision 2; 160.296, 1.20 subdivision 1; 160.297; 162.08, subdivision 5; 169.18, 1.21 subdivision 8; 169.59, subdivision 4; 221.0314, by 1.22 adding a subdivision; and 221.033, subdivision 2a. 1.23 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.24 Section 1. Minnesota Statutes 1994, section 160.292, 1.25 subdivision 1, is amended to read: 1.26 Subdivision 1. [SCOPE.] For the purposes of sections 1.27 160.292 to 160.296, the terms defined in this section have the 1.28 meanings given them. 1.29 Sec. 2. Minnesota Statutes 1994, section 160.292, 1.30 subdivision 2, is amended to read: 1.31 Subd. 2. [SPECIFIC SERVICE SIGN.] "Specific service sign" 1.32 means a rectangular sign panel
not greater than 1-1/2 feet by1.33 six feetdisplaying the name or optional business panel, or 1.34 both, of a rural agricultural or tourist-oriented business, 2.1 place of worship, motel, restaurant, resort, orrecreational 2.2 camping area, or gasoline service station or other retail motor 2.3 fuel business and, where appropriate, the direction to and 2.4 distance to the rural agricultural or tourist-oriented business, 2.5 place of worship, recreational camping area, motel, 2.6 restaurant, orresort, or gasoline service station or other 2.7 retail motor fuel business. 2.8 Sec. 3. Minnesota Statutes 1994, section 160.292, 2.9 subdivision 3, is amended to read: 2.10 Subd. 3. [SPECIFIC SERVICE SIGN ASSEMBLY.] "Specific 2.11 service sign assembly" means a combination of specific service 2.12 sign panels not to exceed four panelsto be placed within the 2.13 right-of-way on appropriate approaches to an intersection or 2.14 interchange. 2.15 Sec. 4. Minnesota Statutes 1994, section 160.292, 2.16 subdivision 4, is amended to read: 2.17 Subd. 4. [SPECIFIC SERVICE SIGN CLUSTER.] "Specific 2.18 service sign cluster" means a grouping of specific service sign 2.19 assemblies on appropriate approaches to an intersection or 2.20 interchange. 2.21 Sec. 5. Minnesota Statutes 1994, section 160.292, 2.22 subdivision 5, is amended to read: 2.23 Subd. 5. [NONFREEWAY TYPETRUNK HIGHWAY.] "Nonfreeway type2.24 trunk highway" means all (1) roadways withthat are not 2.25 designated freeways and that have crossing traffic at grade 2.26 intersections except the roadway may have an isolated2.27 interchangeand (2) bypasses of outstate municipalities that 2.28 have interchanges at intersections of trunk highways with local 2.29 roads. 2.30 Sec. 6. Minnesota Statutes 1994, section 160.292, 2.31 subdivision 10, is amended to read: 2.32 Subd. 10. [SPECIFIC SERVICE.] "Specific service" means 2.33 restaurants ,; rural agricultural or tourist-oriented 2.34 businesses ,; places of worship ,; gasoline service stations and 2.35 other retail motor fuel businesses; and motels, resorts, or 2.36 recreational camping areas that provide sleeping accommodations 3.1 for the traveling public. "Tourist-oriented business" means a 3.2 business, service, or activity that receives the major portion 3.3 of its income or visitors during the normal business season from 3.4 motorists not residing in the immediate area of the business or 3.5 activity. "Tourist-oriented business" includes, but is not 3.6 limited to: (1) a greenhouse or nursery, (2) a bait and tackle 3.7 shop, (3) a marina, and (4) a gift or antique shop. 3.8 Sec. 7. Minnesota Statutes 1994, section 160.292, is 3.9 amended by adding a subdivision to read: 3.10 Subd. 11. [GASOLINE SERVICE STATION; RETAIL MOTOR FUEL 3.11 BUSINESS.] "Gasoline service station" or "retail motor fuel 3.12 business" means a business that provides vehicle services 3.13 including fuel and oil; provides restroom facilities and 3.14 drinking water; provides staff for continuous operation at least 3.15 12 hours per day, seven days per week; and provides public 3.16 access to a telephone. 3.17 Sec. 8. Minnesota Statutes 1994, section 160.292, is 3.18 amended by adding a subdivision to read: 3.19 Subd. 12. [BUSINESS PANEL.] "Business panel" means a 3.20 separately attached sign panel that shows, either individually 3.21 or in combination, the brand, symbol, trademark, or logo of the 3.22 business service. 3.23 Sec. 9. Minnesota Statutes 1994, section 160.293, 3.24 subdivision 1, is amended to read: 3.25 Subdivision 1. [PURPOSE.] Specific service signs are to be 3.26 used to create and implement a system of signing for the purpose 3.27 of displaying specific service information to the traveling 3.28 public on nonfreeway typetrunk highways in rural areas. 3.29 Sec. 10. Minnesota Statutes 1994, section 160.293, 3.30 subdivision 2, is amended to read: 3.31 Subd. 2. [SIGNS AT INTERSECTIONS AND INTERCHANGES.] A 3.32 specific service sign may be erected at the intersection or 3.33 interchange of a trunk highway with an interstate highway,a 3.34 controlled access road ,or a local road, on bypasses of outstate3.35 municipalities,and at the intersection or interchange of two 3.36 trunk highways. A specific service sign may not be erected if 4.1 the place of business is readily visible, if effective 4.2 directional advertising is visible, or if thean advertising 4.3 sign can be legally and effectively located near the 4.4 intersection or interchange. 4.5 Sec. 11. Minnesota Statutes 1994, section 160.293, 4.6 subdivision 3, is amended to read: 4.7 Subd. 3. [NUMBER OF TRUNK HIGHWAY INTERSECTIONS OR 4.8 INTERCHANGES.] A specific service sign for a rural agricultural 4.9 or tourist-oriented business, place of worship, restaurant, 4.10 motel, resort, orrecreational camping area, or gasoline service 4.11 station or other retail motor fuel business is limited to one 4.12 intersection or interchange on the trunk highway system. 4.13 Additional signing may be considered when the place of business 4.14 is located between, or approximately an equal distance from, two 4.15 or more trunk highways. 4.16 Sec. 12. Minnesota Statutes 1994, section 160.293, 4.17 subdivision 4, is amended to read: 4.18 Subd. 4. [TRAILBLAZING.] Appropriate signing on local 4.19 roads between a trunk highway intersection or interchange and a 4.20 specific service shall be the responsibility of the specific 4.21 service and the local road authority. 4.22 Sec. 13. Minnesota Statutes 1994, section 160.294, 4.23 subdivision 1, is amended to read: 4.24 Subdivision 1. [CONSTRUCTION OF SIGN.] Specific service 4.25 sign panels shall be made of reflective sheeting and shall be on 4.26 blue background with white letters, arrows and border. The 4.27 directional arrow and mileage shall be displayed on the same 4.28 side of the panel as the direction of turn on specific service 4.29 sign panels located on nonfreeway trunk highways at grade 4.30 intersections and on exit ramps at interchanges located on 4.31 bypasses of outstate municipalities. The specific service sign 4.32 panel shall display only the name or optional business panel, or 4.33 both, when installed on nonfreeway trunk highways at 4.34 interchanges located on bypasses of outstate 4.35 municipalities. Signing for straight ahead movement shall not4.36 be permitted.5.1 Sec. 14. Minnesota Statutes 1994, section 160.294, is 5.2 amended by adding a subdivision to read: 5.3 Subd. 1a. [BUSINESS PANELS.] Business panels shall be made 5.4 of reflective sheeting and shall not resemble a traffic sign, 5.5 signal, or device. The business' trademark, symbol, or logo 5.6 shall be consistent on all business panels for a specific 5.7 business. The business panel shall not include any supplemental 5.8 messages or additional verbiage. 5.9 Sec. 15. Minnesota Statutes 1994, section 160.294, 5.10 subdivision 2, is amended to read: 5.11 Subd. 2. [SPECIFIC SERVICE SIGN ASSEMBLIES.] Left5.12 directional panels shall be placed on top of the right5.13 directional panels. A gap shall separate a left panel from the5.14 right panel. An assembly shall be spaced preferably 300 feet,5.15 but a minimum of 200 feet from other required signing. If no5.16 other signing is located at an intersection, the assembly shall5.17 be placed 300 feet in advance of the intersection. Assemblies5.18 within a cluster shall not be placed closer than 300 feet.No 5.19 specific service sign or assembly shall be placed at a location 5.20 that will interfere with other necessary signing as determined 5.21 by the commissioner of transportation. 5.22 Sec. 16. Minnesota Statutes 1994, section 160.295, 5.23 subdivision 2, is amended to read: 5.24 Subd. 2. [DISTANCE TO SPECIFIC SERVICE.] A specific 5.25 service sign may be placed on a nonfreeway type roadtrunk 5.26 highway if the specific service is located within 15 miles of 5.27 the qualifying site. 5.28 Sec. 17. Minnesota Statutes 1994, section 160.296, 5.29 subdivision 1, is amended to read: 5.30 Subdivision 1. [PROCEDURE.] (a) A person who desires a 5.31 specific service sign panel shall request the commissioner of 5.32 transportation to install the sign. The commissioner of 5.33 transportation may grant the request if the applicant qualifies 5.34 for the sign panel and if space is available. All signs shall 5.35 be fabricated, installed, maintained, replaced and removed by 5.36 the commissioner of transportation. The applicant shall pay a 6.1 fee to the commissioner of transportation to cover all costs for 6.2 fabricating, installing, maintaining, replacing and removing. 6.3 The requests for specific service sign panels shall be renewed 6.4 every three years. 6.5 (b) If the applicant desires to display a business panel, 6.6 the business panel for each specific service sign panel shall be 6.7 supplied by the applicant. All costs to fabricate business 6.8 panels shall be paid by the applicant. All business panels 6.9 shall be installed and removed by the appropriate road 6.10 authority. The costs for installing and removing business sign 6.11 panels on specific service signs located on nonfreeway trunk 6.12 highways are included in the fee specified in paragraph (a). If 6.13 a business panel is stolen or damaged beyond repair, the 6.14 applicant shall supply a new business panel paid for by the 6.15 applicant. 6.16 Sec. 18. Minnesota Statutes 1994, section 160.297, is 6.17 amended to read: 6.18 160.297 [OTHER LAWS.] 6.19 Sections 160.292 to 160.296 provide additional authority to 6.20 erect signs on nonfreeway typetrunk highways and do not limit 6.21 the authority to erect highway signs provided by other law or 6.22 rule. 6.23 Sec. 19. Minnesota Statutes 1994, section 162.08, 6.24 subdivision 5, is amended to read: 6.25 Subd. 5. [ADVANCES TO MUNICIPAL ACCOUNT.] Any county may 6.26 make advances from any available funds, including funds made 6.27 available by a city pursuant to subdivision 6 to the municipal 6.28 account for the purpose of completing work on any portion of its 6.29 county state-aid highway system within cities having a 6.30 population of less than 5,000. The total of such advances made6.31 by any county to the municipal account shall never exceed 306.32 percent of the county's last apportionment preceding the first6.33 advance.Any advances shall be repaid by deducting an amount 6.34 equal thereto from money accruing to the municipal account. 6.35 Advances heretofore made shall be repaid in like manner. 6.36 Sec. 20. Minnesota Statutes 1994, section 169.18, 7.1 subdivision 8, is amended to read: 7.2 Subd. 8. [FOLLOWING VEHICLE TOO CLOSELY.] (a) The driver 7.3 of a motor vehicle shall not follow another vehicle more closely 7.4 than is reasonable and prudent, having due regard for the speed 7.5 of such vehicles and the traffic upon and the conditions of the 7.6 highway. 7.7 (b) The driver of any motor vehicle drawing another 7.8 vehicle, or the driver of any motor truck or bus, when traveling 7.9 upon a roadway outside of a business or residence district, 7.10 shall not follow within 500 feet of another vehicle. The 7.11 provisions of this clause shall not be construed to prevent 7.12 overtaking and passing nor shall the same apply upon any lane 7.13 specially designated for use by motor trucks. 7.14 (c) The driver of a motor vehicle shall not follow within 7.15 500 feet of an authorized emergency vehicle that is traveling in 7.16 response to an emergency. 7.17 Sec. 21. Minnesota Statutes 1994, section 169.59, 7.18 subdivision 4, is amended to read: 7.19 Subd. 4. [FLASHING WARNING LIGHTS.] Any vehicle may be 7.20 equipped with lamps which may be used for the purpose of warning 7.21 the operators of other vehicles of the presence of a vehicular 7.22 traffic hazard requiring the exercise of unusual care in 7.23 approaching, overtaking, or passing, and when so equipped may 7.24 display such warning in addition to any other warning signals 7.25 required by this act. The lamps used to display such warnings 7.26 to the front shall be mounted at the same level and as widely 7.27 spaced laterally as practicable, and shall display simultaneous 7.28 flashing white or amber lights, or any shade of color between 7.29 white and amber. The lamps used to display such warnings to the 7.30 rear shall be mounted at the same level and as widely spaced 7.31 laterally as practicable, and shall show simultaneously flashing 7.32 amber or red lights, or any shade of color between amber and 7.33 red. Instead of a pair of lamps that flash simultaneously, 7.34 either one or two strobe lights or rotating beacon lights with 7.35 an amber or yellow lens may be used both to the front and rear 7.36 of the vehicle. These warning lights shall be visible from a 8.1 distance of not less than 500 feet under normal atmospheric 8.2 conditions at night. 8.3 Sec. 22. Minnesota Statutes 1994, section 221.0314, is 8.4 amended by adding a subdivision to read: 8.5 Subd. 9a. [HOURS OF SERVICE EXEMPTION.] The federal 8.6 regulations incorporated in subdivision 9 for maximum driving 8.7 and on-duty time do not apply to drivers engaged in the 8.8 interstate or intrastate transportation of agricultural 8.9 commodities or farm supplies for agricultural purposes in 8.10 Minnesota during the planting and harvesting seasons from March 8.11 15 to December 15 of each year if the transportation is limited 8.12 to an area within a 100-air-mile radius from the source of the 8.13 commodities or the distribution point for the farm supplies. 8.14 Sec. 23. Minnesota Statutes 1994, section 221.033, 8.15 subdivision 2a, is amended to read: 8.16 Subd. 2a. [AGRICULTURALLY RELATED EXEMPTION.] (a) This 8.17 subdivision applies to persons engaged in intrastate commerce. 8.18 (b) Fertilizer and agricultural chemical retailers or their 8.19 employees are exempt from the rule in section 221.0314, 8.20 subdivision 4, requiring that drivers must be at least 21 years 8.21 of age when: 8.22 (1) the retailer or its employee is transporting fertilizer 8.23 or agricultural chemicals directly to a farm for on-farm use 8.24 within a radius of 50 miles of the retailer's business location; 8.25 and 8.26 (2) the driver employed by the retailer is at least 18 8.27 years of age. 8.28 (c) A fertilizer or agricultural chemical retailer, or a8.29 driver employed by a fertilizer or agricultural chemical8.30 retailer, is exempt from the rule in Code of Federal8.31 Regulations, title 49, section 395.3, paragraph (b), relating to8.32 hours of service of drivers, and section 395.8, requiring a8.33 driver's record of duty status, while exclusively engaged in the8.34 transportation of fertilizer or agricultural chemicals between8.35 April 1 and July 1 of each year when:8.36 (1) the transportation is from the retailer's place of9.1 business directly to a farm within a 50-mile radius of the9.2 retailer's place of business;9.3 (2) the fertilizer or agricultural chemicals are for use on9.4 the farm to which they are transported; and9.5 (3) the employer maintains a daily record for each driver9.6 showing the time a driver reports for duty, the total number of9.7 hours a driver is on duty, and the time a driver is released9.8 from duty.9.9 Sec. 24. [TRUNK HIGHWAY SYSTEM; ROUTES DISCONTINUED; 9.10 REPEALER; EFFECTIVE DATES.] 9.11 (a) Minnesota Statutes 1994, section 161.115, subdivision 9.12 163, is repealed effective when the transfer of jurisdiction of 9.13 legislative route No. 232 is agreed to by the commissioner of 9.14 transportation and Aitkin county and a copy of the agreement, 9.15 signed by the commissioner and the chair of the Aitkin county 9.16 board, has been filed in the office of the commissioner. 9.17 (b) Minnesota Statutes 1994, section 161.115, subdivision 9.18 192, is repealed effective when the transfer of jurisdiction of 9.19 legislative route No. 261 is agreed to by the commissioner of 9.20 transportation and McLeod county and a copy of the agreement, 9.21 signed by the commissioner and the chair of the McLeod county 9.22 board, has been filed in the office of the commissioner. 9.23 (c) Minnesota Statutes 1994, section 161.115, subdivision 9.24 231, is repealed effective when the transfer of jurisdiction of 9.25 legislative route No. 300 is agreed to by the commissioner of 9.26 transportation and the city of Shakopee and a copy of the 9.27 agreement, signed by the commissioner and the mayor of the city 9.28 of Shakopee, has been filed in the office of the commissioner. 9.29 (d) Minnesota Statutes 1994, section 161.115, subdivision 9.30 257, is repealed effective when the transfer of jurisdiction of 9.31 legislative route No. 326 is agreed to by the commissioner of 9.32 transportation, Anoka county, and the city of Lino Lakes and a 9.33 copy of the agreement, signed by the commissioner, the chair of 9.34 the Anoka county board, and the mayor of the city of Lino Lakes, 9.35 has been filed in the office of the commissioner. 9.36 (e) Minnesota Statutes 1994, section 161.117, subdivision 10.1 6, is repealed effective when the transfer of jurisdiction of 10.2 legislative route No. 385 is agreed to by the commissioner of 10.3 transportation and Hennepin county and a copy of the agreement, 10.4 signed by the commissioner and the chair of the Hennepin county 10.5 board, has been filed in the office of the commissioner. 10.6 (f) The revisor of statutes shall delete each route 10.7 identified in paragraphs (a) to (e) in the next publication of 10.8 Minnesota Statutes unless the commissioner of transportation 10.9 informs the revisor that the conditions required to transfer a 10.10 particular route were not satisfied.