HF 2178

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to highway traffic regulations; designating 
  1.3             speed limits; providing for a minimum fine for certain 
  1.4             speeding violations; prohibiting use by vehicles of 
  1.5             the leftmost lane of a roadway with two or more lanes 
  1.6             in the same direction except under certain 
  1.7             circumstances; requiring all vehicles to display 
  1.8             lights at all times while on two-lane highways outside 
  1.9             the limits of a city; requiring all passengers in 
  1.10            passenger vehicles and commercial vehicles to wear 
  1.11            seat belts; providing that certain speeding violations 
  1.12            not be recorded by the department of public safety; 
  1.13            declaring certain orders of the commissioner of 
  1.14            transportation void; amending Minnesota Statutes 1994, 
  1.15            sections 169.14, subdivision 2, and by adding a 
  1.16            subdivision; 169.18, subdivision 7; 169.48, 
  1.17            subdivision 1; 169.686, subdivision 1; 169.99, 
  1.18            subdivision 1b; and 171.12, subdivision 6; repealing 
  1.19            Minnesota Statutes 1994, section 169.141. 
  1.20  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.21     Section 1.  Minnesota Statutes 1994, 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 lawful, but any speeds in 
  1.25  excess of such limits shall be prima facie evidence that the 
  1.26  speed is not reasonable or prudent and that it is unlawful; 
  1.27  except that the speed limit within any municipality shall be a 
  1.28  maximum limit and any speed in excess thereof shall be unlawful: 
  1.29     (1) 30 miles per hour in an urban district; 
  1.30     (2) 70 miles per hour on any interstate highway outside the 
  1.31  limits of any urbanized area with a population of greater than 
  1.32  50,000 as defined by order of the commissioner of 
  2.1   transportation; 
  2.2      (3) 65 miles per hour on other interstate highways, and on 
  2.3   any expressway other than an interstate highway; 
  2.4      (4) 65 miles per hour in other locations during the 
  2.5   daytime; 
  2.6      (3) (5) 55 miles per hour in such other locations during 
  2.7   the nighttime; 
  2.8      (4) (6) ten miles per hour in alleys; and 
  2.9      (5) (7) 25 miles per hour in residential roadways if 
  2.10  adopted by the road authority having jurisdiction over the 
  2.11  residential roadway.  
  2.12     (b) A speed limit adopted under paragraph (a), 
  2.13  clause (5) (7), is not effective unless the road authority has 
  2.14  erected signs designating the speed limit and indicating the 
  2.15  beginning and end of the residential roadway on which the speed 
  2.16  limit applies.  
  2.17     (c) For purposes of this subdivision: 
  2.18     (1) "Daytime" means from a half hour before sunrise to a 
  2.19  half hour after sunset, except at any time when due to weather 
  2.20  or other conditions there is not sufficient light to render 
  2.21  clearly discernible persons and vehicles at a distance of 500 
  2.22  feet.  
  2.23     (2) "Nighttime" means at any other hour or at any time when 
  2.24  due to weather or other conditions there is not sufficient light 
  2.25  to render clearly discernible persons and vehicles at a distance 
  2.26  of 500 feet. 
  2.27     (3) "Expressway" means a highway with physically separated 
  2.28  roadways, each of which contains at least two lanes for 
  2.29  motorized vehicles. 
  2.30     Sec. 2.  Minnesota Statutes 1994, section 169.14, is 
  2.31  amended by adding a subdivision to read: 
  2.32     Subd. 13.  [MINIMUM PENALTY.] Where a violation of any 
  2.33  provision of this section is charged as a petty misdemeanor and 
  2.34  the violation consisted of a speed that is more than 15 miles 
  2.35  per hour above the lawful speed, the minimum penalty for the 
  2.36  violation is $100. 
  3.1      Sec. 3.  Minnesota Statutes 1994, section 169.18, 
  3.2   subdivision 7, is amended to read: 
  3.3      Subd. 7.  [LANED HIGHWAYS.] When any roadway has been 
  3.4   divided into two or more clearly marked lanes for traffic, the 
  3.5   following rules, in addition to all others consistent herewith, 
  3.6   shall apply: 
  3.7      (a) A vehicle shall be driven as nearly as practicable 
  3.8   entirely within a single lane and shall not be moved from such 
  3.9   lane until the driver has first ascertained that such movement 
  3.10  can be made with safety; 
  3.11     (b) Upon a roadway which is not a one-way roadway and which 
  3.12  is divided into three lanes, a vehicle shall not be driven in 
  3.13  the center lane except when overtaking and passing another 
  3.14  vehicle where the roadway is clearly visible and such center 
  3.15  lane is clear of traffic within a safe distance, or in 
  3.16  preparation for a left turn or where such center lane is at the 
  3.17  time allocated exclusively to traffic moving in the direction 
  3.18  the vehicle is proceeding, and is signposted to give notice of 
  3.19  such allocation.  The left lane of a three-lane roadway which is 
  3.20  not a one-way roadway shall not be used for overtaking and 
  3.21  passing another vehicle; 
  3.22     (c) Official signs may be erected directing slow-moving 
  3.23  traffic to use a designated lane or allocating specified lanes 
  3.24  to traffic moving in the same direction, and drivers of vehicles 
  3.25  shall obey the directions of every such sign; 
  3.26     (d) Whenever a bicycle lane has been established on a 
  3.27  roadway, any person operating a motor vehicle on such roadway 
  3.28  shall not drive in the bicycle lane except to park where parking 
  3.29  is permitted, to enter or leave the highway, or to prepare for a 
  3.30  turn as provided in section 169.19, subdivision 1. 
  3.31     (e) On the half of a roadway that contains at least two 
  3.32  lanes in the same direction, no person may operate a vehicle in 
  3.33  the leftmost lane of that half of the roadway except (i) when 
  3.34  overtaking another vehicle, (ii) when preparing to make a left 
  3.35  exit or left turn, (iii) when all other lanes of that half of 
  3.36  the roadway are obstructed, under repair, or otherwise unsafe 
  4.1   for travel, or (iv) when the driver of the vehicle has been 
  4.2   directed or permitted by an official traffic control device or a 
  4.3   police officer to use the leftmost lane of that half of the 
  4.4   roadway. 
  4.5      Sec. 4.  Minnesota Statutes 1994, section 169.48, 
  4.6   subdivision 1, is amended to read: 
  4.7      Subdivision 1.  [LIGHTS TO BE DISPLAYED.] Every vehicle 
  4.8   upon a highway within this state: 
  4.9      (1) at any time from sunset to sunrise; 
  4.10     (2) at any time when it is raining, snowing, sleeting, or 
  4.11  hailing; 
  4.12     (3) at any time while the vehicle is being operated outside 
  4.13  the limits of any city on a highway with not more than two lanes 
  4.14  for vehicular travel; and 
  4.15     (3) (4) at any other time when visibility is impaired by 
  4.16  weather, smoke, fog or other conditions or there is not 
  4.17  sufficient light to render clearly discernible persons and 
  4.18  vehicles on the highway at a distance of 500 feet ahead, shall 
  4.19  display lighted lamps and illuminating devices, as hereinafter, 
  4.20  respectively, required for different classes of vehicles, 
  4.21  subject to exceptions with respect to parked vehicles and law 
  4.22  enforcement vehicles, as hereinafter stated.  In addition to the 
  4.23  other requirements of this paragraph, every school bus 
  4.24  transporting children upon a highway within this state, at any 
  4.25  time from a half hour before sunrise to a half hour after 
  4.26  sunset, shall display lighted lamps and illuminating devices as 
  4.27  required by this paragraph, except that the operator shall use 
  4.28  the lowermost distribution of light specified in section 169.60 
  4.29  unless conditions warrant otherwise. 
  4.30     When requirement is hereinafter declared as to the distance 
  4.31  from which certain lamps and devices shall render objects 
  4.32  visible or within which such lamps or devices shall be visible, 
  4.33  these provisions shall apply during the time stated in this 
  4.34  section upon a straight level unlighted highway under normal 
  4.35  atmospheric conditions unless a different time or condition is 
  4.36  expressly stated and unless otherwise specified the location of 
  5.1   lamps and devices shall refer to the center of such lamps or 
  5.2   devices.  Parking lamps shall not be used in lieu of head lamps 
  5.3   to satisfy the requirements of this section.  The department of 
  5.4   public safety shall not record a violation of clause (3) on a 
  5.5   person's driving record. 
  5.6      Sec. 5.  Minnesota Statutes 1994, section 169.686, 
  5.7   subdivision 1, is amended to read: 
  5.8      Subdivision 1.  [SEAT BELT REQUIREMENT.] A properly 
  5.9   adjusted and fastened seat belt, including both the shoulder and 
  5.10  lap belt when the vehicle is so equipped, shall be worn by: 
  5.11     (1) the driver of a passenger vehicle or commercial motor 
  5.12  vehicle; and 
  5.13     (2) a passenger riding in the front seat of a passenger 
  5.14  vehicle or commercial motor vehicle; and 
  5.15     (3) a passenger riding in any seat of a passenger vehicle 
  5.16  who is older than three but younger than 11 years of age. 
  5.17     A person who is 15 years of age or older and who violates 
  5.18  clause (1) or (2) is subject to a fine of $25.  The driver of 
  5.19  the passenger vehicle or commercial motor vehicle in which the 
  5.20  violation occurred is subject to a $25 fine for a violation of 
  5.21  clause (2) or (3) by a child of the driver under the age of 15 
  5.22  or any child under the age of 11.  A peace officer may not issue 
  5.23  a citation for a violation of this section unless the officer 
  5.24  lawfully stopped or detained the driver of the motor vehicle for 
  5.25  a moving violation other than a violation involving motor 
  5.26  vehicle equipment.  The department of public safety shall not 
  5.27  record a violation of this subdivision on a person's driving 
  5.28  record. 
  5.29     Sec. 6.  Minnesota Statutes 1994, section 169.99, 
  5.30  subdivision 1b, is amended to read: 
  5.31     Subd. 1b.  [SPEED.] The uniform traffic ticket must provide 
  5.32  a blank or space wherein an officer who issues a citation for a 
  5.33  violation of section 169.141 169.14, subdivision 2, paragraph 
  5.34  (a), clause (1), (5), or (7), or a violation of a speed limit 
  5.35  designated under section 169.14, subdivision 4, 5, 5a, 5b, 5d, 
  5.36  or 5e, must specify whether the speed was greater than ten miles 
  6.1   per hour in excess of the lawful speed designated under that 
  6.2   section. 
  6.3      Sec. 7.  Minnesota Statutes 1994, section 171.12, 
  6.4   subdivision 6, is amended to read: 
  6.5      Subd. 6.  [CERTAIN CONVICTIONS NOT RECORDED.] The 
  6.6   department shall not keep on the record of a driver any 
  6.7   conviction for a violation of section 169.141 169.14, 
  6.8   subdivision 2, paragraph (a), clause (5), unless the violation 
  6.9   consisted of a speed greater than ten miles per hour in excess 
  6.10  of the lawful speed designated under that section. 
  6.11     Sec. 8.  [REPEALER.] 
  6.12     Minnesota Statutes 1994, section 169.141, is repealed.  Any 
  6.13  order of the commissioner of transportation issued under that 
  6.14  section is void.