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Minnesota Legislature

Office of the Revisor of Statutes

HF 2216

as introduced - 90th Legislature (2017 - 2018) Posted on 03/07/2017 12:59pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to public safety; requiring vehicles to reduce speed when approaching and
passing certain vehicles parked or stopped on streets and highways; modifying a
civil penalty;amending Minnesota Statutes 2016, sections 169.14, subdivision 3;
169.18, subdivisions 11, 12.

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

Section 1.

Minnesota Statutes 2016, section 169.14, subdivision 3, is amended to read:


Subd. 3.

Reduced speed required.

(a) The driver of deleted text beginanydeleted text endnew text begin anew text end vehicle deleted text beginshalldeleted text endnew text begin mustnew text end, consistent
with the requirementsnew text begin under section 169.18, subdivisions 11 and 12, and subject to any
other applicable requirements under this chapter
new text end, deleted text begindrive at an appropriate reduceddeleted text endnew text begin reducenew text end
speednew text begin so that the vehicle's speed is at least 20 miles per hour slower than the posted speed
limit
new text end whennew text begin: (1)new text end approaching or passing an authorized emergency vehicle stopped with
emergency lights flashing on any street or highwaydeleted text begin, whendeleted text endnew text begin; (2)new text end approaching and crossing an
intersection or railway grade crossing, when approaching and going around a curvedeleted text begin, whendeleted text endnew text begin;
(3)
new text end approaching a hill crestdeleted text begin, whendeleted text endnew text begin; (4)new text end traveling upon any narrow or winding roadwaydeleted text begin,deleted text endnew text begin;new text end and
deleted text begin whendeleted text endnew text begin (5)new text end special hazards exist with respect to pedestrians deleted text beginordeleted text endnew text begin,new text end other trafficnew text begin,new text end or by reason of
weather or highway conditions.

(b) A person who fails to reduce speed appropriately when approaching or passing an
authorized emergency vehicle stopped with emergency lights flashing on a street or highway
deleted text begin shall be assessed an additional surcharge equal to the amount of the fine imposed for the
speed violation, but not less than $25
deleted text endnew text begin is subject to the penalty provided under subdivision
1a
new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2017, and applies to violations
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2016, 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 having two
lanes in the same direction, the driver of a vehicle shall safely move the vehicle to the lane
farthest away from the emergency vehicle, if it is possible to do so.

(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.

new text begin (c) 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, the driver of the vehicle must reduce speed so that the vehicle's speed is at least
20 miles per hour slower than the posted speed limit.
new text end

deleted text begin (c)deleted text endnew text begin (d)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 endnew text begin (e)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 endnew text begin (e)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 endnew text begin (d)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 endnew text begin (f)new text end For purposes of paragraphs (a) deleted text beginand (b)deleted text endnew text begin to (c)new text end only, the terms "authorized emergency
vehicle" and "emergency vehicle" include a towing vehicle defined in section 168B.011,
subdivision 12a
, 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2017, and applies to violations
committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2016, section 169.18, subdivision 12, is amended to read:


Subd. 12.

Passing certain parked vehicles.

(a) When approaching and before passing
a freeway service patrol vehicle, road maintenance vehicle, utility company vehicle, or
construction vehicle with its warning lights activated that is parked or otherwise stopped
on or next to a street or highway having two lanes in the same direction, the driver of a
vehicle shall safely move the vehicle to the lane farthest away from the parked or stopped
vehicle, if it is possible to do so.

(b) When approaching and before passing a freeway service patrol vehicle, road
maintenance vehicle, utility company vehicle, 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.

new text begin (c) When approaching and before passing a freeway service patrol vehicle, road
maintenance vehicle, utility company vehicle, or construction vehicle with its warning lights
activated that is parked or otherwise stopped on or next to a street or highway, the driver
of the vehicle must reduce speed so that the vehicle's speed is at least 20 miles per hour
slower than the posted speed limit.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2017, and applies to violations
committed on or after that date.
new text end