HF 2706

1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to traffic regulations; imposing misdemeanor 
  1.3             penalty for intentionally obstructing emergency 
  1.4             vehicle during emergency duty; making clarifying 
  1.5             changes; amending Minnesota Statutes 2000, section 
  1.6             169.20, subdivision 5a; Minnesota Statutes 2001 
  1.7             Supplement, section 169.20, subdivision 5. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2001 Supplement, section 
  1.10  169.20, subdivision 5, is amended to read: 
  1.11     Subd. 5.  [EMERGENCY VEHICLE; PENALTIES.] (a) Upon the 
  1.12  immediate approach of an authorized emergency vehicle equipped 
  1.13  with at least one lighted lamp exhibiting red light visible 
  1.14  under normal atmospheric conditions from a distance of 500 feet 
  1.15  to the front of such the vehicle and, except where as otherwise 
  1.16  not required by law provided in paragraph (b), when the driver 
  1.17  is giving audible signal by siren, the driver of each other 
  1.18  vehicle shall yield the right-of-way and shall immediately drive 
  1.19  to a position parallel to and as close as possible to the 
  1.20  right-hand edge or curb of the highway clear of any 
  1.21  intersection, and shall stop and remain in this position until 
  1.22  the authorized emergency vehicle has passed, except when 
  1.23  otherwise directed by a police officer.  The driver of another 
  1.24  vehicle on a one-way roadway shall drive to the closest edge or 
  1.25  curb and stop.  
  1.26     (b) The driver of an authorized emergency vehicle escorting 
  2.1   the movement of a an oversize or overweight vehicle or 
  2.2   load which is oversize or overweight need not sound an audible 
  2.3   signal by siren but shall exhibit the light required by this 
  2.4   paragraph (a).  The driver of each other vehicle then shall 
  2.5   yield the right-of-way, as required by this paragraph (a), to 
  2.6   the emergency vehicle escorting the oversize or overweight 
  2.7   vehicle or load which is oversize or overweight. 
  2.8      (b) (c) Upon the approach of an authorized emergency 
  2.9   vehicle the driver of each streetcar shall immediately stop the 
  2.10  car clear of any intersection and keep it in this position and 
  2.11  keep the doors and gates of the streetcar closed until the 
  2.12  authorized emergency vehicle has passed, except when otherwise 
  2.13  directed by a police officer. 
  2.14     (c) A peace officer may arrest the driver of a motor 
  2.15  vehicle if the peace officer has probable cause to believe that 
  2.16  the driver has operated the vehicle in violation of paragraph 
  2.17  (a) within the four-hour period following the termination of the 
  2.18  emergency incident. 
  2.19     (d) This subdivision shall does not operate to relieve the 
  2.20  driver of an authorized emergency vehicle from the duty to drive 
  2.21  with due regard for the safety of persons using the highways. 
  2.22     (e) A driver who fails to comply with paragraph (a), (b), 
  2.23  or (c) may be penalized according to section 169.89. 
  2.24     Sec. 2.  Minnesota Statutes 2000, section 169.20, 
  2.25  subdivision 5a, is amended to read: 
  2.26     Subd. 5a.  [ARREST; CITATION; PROBABLE CAUSE.] (a) A peace 
  2.27  officer may arrest the driver of a motor vehicle if the peace 
  2.28  officer has probable cause to believe that the driver has 
  2.29  operated the vehicle in violation of subdivision 5, if the 
  2.30  violation constitutes a misdemeanor.  
  2.31     (b) A peace officer may issue a citation in lieu of arrest 
  2.32  to the driver of a motor vehicle if the peace officer has 
  2.33  probable cause to believe that the driver has failed to yield 
  2.34  the right-of-way to an emergency vehicle operated the vehicle in 
  2.35  violation of subdivision 5. 
  2.36     (c) Although probable cause may be otherwise satisfied by 
  3.1   other evidentiary elements or factors, probable cause is 
  3.2   sufficient for purposes of this subdivision when a member of the 
  3.3   crew of an authorized emergency vehicle responding to an 
  3.4   emergency incident makes a timely report of the violation of 
  3.5   subdivision 5 and provides a description of the vehicle used to 
  3.6   commit the offense and the vehicle's license plate number.  For 
  3.7   the purposes of an arrest under paragraph (a), "timely" means 
  3.8   that the report must be made within a four-hour period following 
  3.9   the termination of the emergency incident.