HF 2158

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to traffic regulations; enacting the Safe 
  1.3             School Zone Law; making clarifying and technical 
  1.4             changes; amending Minnesota Statutes 2002, sections 
  1.5             169.01, by adding a subdivision; 169.14, subdivisions 
  1.6             2, 4; Minnesota Statutes 2003 Supplement, section 
  1.7             169.14, subdivision 5a. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2002, section 169.01, is 
  1.10  amended by adding a subdivision to read: 
  1.11     Subd. 91.  [SCHOOL ZONE.] "School zone" means that section 
  1.12  of a street or highway that abuts the grounds of a school where 
  1.13  children have access to the street or highway from the school 
  1.14  property or where an established school crossing is located; 
  1.15  provided, the school advance sign prescribed by the Manual on 
  1.16  Uniform Traffic Control Devices adopted by the commissioner of 
  1.17  transportation pursuant to section 169.06 is in place.  All 
  1.18  signs erected by local authorities to designate speed limits in 
  1.19  school zones must conform to the Manual on Uniform Traffic 
  1.20  Control Devices. 
  1.21     Sec. 2.  Minnesota Statutes 2002, section 169.14, 
  1.22  subdivision 2, is amended to read: 
  1.23     Subd. 2.  [SPEED LIMITS.] (a) Where no special hazard 
  1.24  exists, the following speeds shall be are lawful, but any speeds 
  1.25  speed in excess of such these limits shall be is prima facie 
  1.26  evidence that the speed is not reasonable or prudent and that it 
  2.1   is unlawful; except that the speed limit within any municipality 
  2.2   shall be is a maximum limit and any speed in excess thereof 
  2.3   shall be of that limit is unlawful: 
  2.4      (1) 30 miles per hour in an urban district or on a town 
  2.5   road in a rural residential district; 
  2.6      (2) 65 miles per hour on noninterstate freeways and 
  2.7   expressways, as defined in section 160.02, subdivision 19; 
  2.8      (3) 55 miles per hour in locations other than those 
  2.9   specified in this section; 
  2.10     (4) 70 miles per hour on interstate highways outside the 
  2.11  limits of any urbanized area with a population of greater than 
  2.12  50,000 as defined by order of the commissioner of 
  2.13  transportation; 
  2.14     (5) 65 miles per hour on interstate highways inside the 
  2.15  limits of any urbanized area with a population of greater than 
  2.16  50,000 as defined by order of the commissioner of 
  2.17  transportation; 
  2.18     (6) ten miles per hour in alleys alleyways; and 
  2.19     (7) 25 miles per hour in residential roadways if adopted by 
  2.20  the road authority having jurisdiction over the residential 
  2.21  roadway; and 
  2.22     (8) 25 miles per hour in school zones. 
  2.23     (b) A speed limit adopted under paragraph (a), clause (7), 
  2.24  is not effective unless the road authority has erected signs 
  2.25  designating the speed limit and indicating the beginning and end 
  2.26  of the residential roadway on which the speed limit applies. 
  2.27     (c) For purposes of this subdivision, "rural residential 
  2.28  district" means the territory contiguous to and including any 
  2.29  town road within a subdivision or plat of land that is built up 
  2.30  with dwelling houses at intervals of less than 300 feet for a 
  2.31  distance of one-quarter mile or more. 
  2.32     Sec. 3.  Minnesota Statutes 2002, section 169.14, 
  2.33  subdivision 4, is amended to read: 
  2.34     Subd. 4.  [ESTABLISHMENT OF ZONES BY COMMISSIONER.] Except 
  2.35  as provided in subdivision 5a, on determining upon the basis of 
  2.36  an engineering and traffic investigation that any speed set 
  3.1   forth in this section is greater or less than is reasonable or 
  3.2   safe under the conditions found to exist on any trunk highway or 
  3.3   upon any part thereof, the commissioner may erect appropriate 
  3.4   signs designating a reasonable and safe speed limit thereat, 
  3.5   which speed limit shall be becomes effective when such the signs 
  3.6   are erected there.  Any speeds speed in excess of such these 
  3.7   limits shall be is prima facie evidence that the speed is not 
  3.8   reasonable or prudent and that it is unlawful; except that any 
  3.9   speed limit within any municipality shall be or within any 
  3.10  school zone is a maximum limit and any speed in excess thereof 
  3.11  shall be of that limit is unlawful.  On determining upon that 
  3.12  basis that a part of the trunk highway system outside a 
  3.13  municipality should be a zone of maximum speed limit, the 
  3.14  commissioner may establish that part as such a zone by erecting 
  3.15  appropriate signs showing the beginning and end of the zone, 
  3.16  designating a reasonable and safe speed therefor, which may be 
  3.17  different than the speed set forth in this section, and that it 
  3.18  is a zone of maximum speed limit.  The speed so designated by 
  3.19  the commissioner within any such zone shall be is a maximum 
  3.20  speed limit, and speed in excess of such that limit shall be is 
  3.21  unlawful.  The commissioner may in the same manner from time to 
  3.22  time alter the boundary of such a zone and the speed limit 
  3.23  therein or eliminate such the zone.  
  3.24     Sec. 4.  Minnesota Statutes 2003 Supplement, section 
  3.25  169.14, subdivision 5a, is amended to read: 
  3.26     Subd. 5a.  [SPEED ZONING IN SCHOOL ZONE; SURCHARGE.] (a) A 
  3.27  local authorities authority, with the agreement of a school 
  3.28  board or nonpublic school administration, may establish a school 
  3.29  speed limit that is less than 25 miles per hour within a school 
  3.30  zone of a public or nonpublic school upon the basis of an 
  3.31  engineering and traffic investigation as prescribed by the 
  3.32  commissioner of transportation located on a street or highway 
  3.33  within the jurisdiction of the local authority.  The 
  3.34  establishment of a school speed limit that is more than or less 
  3.35  than 25 miles per hour on any trunk highway shall must be with 
  3.36  the consent by agreement of the commissioner of transportation 
  4.1   with the school board or, in the case of a nonpublic school, 
  4.2   with the school's administrator.  Such School speed limits shall 
  4.3   be are in effect when children are present, going to or leaving 
  4.4   school during opening or closing hours or during school recess 
  4.5   periods.  The school speed limit shall not be lower than 15 
  4.6   miles per hour and shall not be more than 30 miles per hour 
  4.7   below the established speed limit on an affected street or 
  4.8   highway. 
  4.9      (b) The school speed limit shall be becomes effective upon 
  4.10  the erection of appropriate signs designating the speed and 
  4.11  indicating the beginning and end of the reduced speed zone.  Any 
  4.12  speed in excess of such the posted school speed limit is 
  4.13  unlawful.  All such These signs shall must be erected by the 
  4.14  local authorities on those streets and highways under their 
  4.15  respective jurisdictions and by the commissioner of 
  4.16  transportation on trunk highways. 
  4.17     (c) For the purpose of this subdivision, "school zone" 
  4.18  means that section of a street or highway which abuts the 
  4.19  grounds of a school where children have access to the street or 
  4.20  highway from the school property or where an established school 
  4.21  crossing is located provided the school advance sign prescribed 
  4.22  by the manual on uniform traffic control devices adopted by the 
  4.23  commissioner of transportation pursuant to section 169.06 is in 
  4.24  place.  All signs erected by local authorities to designate 
  4.25  speed limits in school zones shall conform to the Manual on 
  4.26  Uniform Control Devices. 
  4.27     (d) Notwithstanding section 609.0331 or 609.101 or other 
  4.28  law to the contrary, a person who violates a speed limit 
  4.29  established under this subdivision is assessed an additional 
  4.30  surcharge equal to the amount of the fine imposed for the 
  4.31  violation, but not less than $25.