HF 2921

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; safety of emergency 
  1.3             workers on highways; defining "appropriate reduced 
  1.4             speed" when approaching or passing stopped emergency 
  1.5             vehicle in certain circumstances; increasing surcharge 
  1.6             on failure to drive at appropriate reduced speed when 
  1.7             approaching or passing stopped emergency vehicle; 
  1.8             authorizing citation within four hours of offense; 
  1.9             proscribing a penalty on owner or lessee of vehicle 
  1.10            when driver fails to drive at appropriate reduced 
  1.11            speed at the scene of an emergency; requiring certain 
  1.12            information to be included in driver education 
  1.13            curriculum and driver's manual; amending Minnesota 
  1.14            Statutes 2002, sections 169.14, subdivision 3, by 
  1.15            adding subdivisions; 171.13, by adding a subdivision. 
  1.16  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.17     Section 1.  Minnesota Statutes 2002, section 169.14, 
  1.18  subdivision 3, is amended to read: 
  1.19     Subd. 3.  [REDUCED SPEED REQUIRED.] (a) The driver of any 
  1.20  vehicle shall, consistent with the requirements, drive at an 
  1.21  appropriate reduced speed when approaching or passing an 
  1.22  authorized emergency vehicle stopped with emergency lights 
  1.23  flashing on any street or highway, when approaching and crossing 
  1.24  an intersection or railway grade crossing, when approaching and 
  1.25  going around a curve, when approaching a hill crest, when 
  1.26  traveling upon any narrow or winding roadway, and when special 
  1.27  hazards exist with respect to pedestrians or other traffic or by 
  1.28  reason of weather or highway conditions.  
  1.29     (b) For purposes of this subdivision, "appropriate reduced 
  1.30  speed" when approaching or passing an emergency vehicle stopped 
  2.1   on a highway with emergency lights flashing is a speed that 
  2.2   allows the driver to control the vehicle to the extent 
  2.3   necessary, up to and including stopping the vehicle, to prevent 
  2.4   a collision, to prevent injury to persons or property, and to 
  2.5   avoid interference with the performance of emergency duties by 
  2.6   emergency personnel. 
  2.7      (c) A person who fails to reduce speed appropriately when 
  2.8   approaching or passing an authorized emergency vehicle stopped 
  2.9   with emergency lights flashing on a street or highway shall be 
  2.10  assessed an additional surcharge equal to the amount of the fine 
  2.11  imposed for the speed violation, but not less than $25, or $75 
  2.12  if illuminated or reflective warning markers have been placed on 
  2.13  the highway within 1,000 feet of the scene of the emergency. 
  2.14     Sec. 2.  Minnesota Statutes 2002, section 169.14, is 
  2.15  amended by adding a subdivision to read: 
  2.16     Subd. 3a.  [DRIVER EDUCATION AND TRAINING PROGRAMS.] The 
  2.17  commissioner of public safety shall take all necessary steps to 
  2.18  insure that persons enrolled in driver education programs 
  2.19  offered at public schools, and persons enrolled in driver 
  2.20  training programs offered at private and parochial schools and 
  2.21  commercial driver training schools, are instructed as to the 
  2.22  responsibilities of drivers when approaching emergency scenes 
  2.23  and stopped emergency vehicles on highways. 
  2.24     Sec. 3.  Minnesota Statutes 2002, section 169.14, is 
  2.25  amended by adding a subdivision to read: 
  2.26     Subd. 3b.  [CAUSE FOR ARREST; VIOLATION; PENALTY.] (a) A 
  2.27  peace officer may arrest the driver of a motor vehicle if the 
  2.28  peace officer has probable cause to believe that the driver has 
  2.29  operated the vehicle in violation of subdivision 3 at the scene 
  2.30  of an emergency within the past four hours. 
  2.31     (b) If a motor vehicle is operated in violation of 
  2.32  subdivision 3 at the scene of an emergency, the owner of the 
  2.33  vehicle or, for a leased motor vehicle, the lessee of the 
  2.34  vehicle is guilty of a petty misdemeanor.  The owner or lessee 
  2.35  may not be fined under this paragraph if (1) another person is 
  2.36  convicted for that violation, or (2) the motor vehicle was 
  3.1   stolen at the time of the violation.  This paragraph does not 
  3.2   apply to a lessor of a motor vehicle if the lessor keeps a 
  3.3   record of the name and address of the lessee.  This paragraph 
  3.4   does not prohibit or limit the prosecution of a motor vehicle 
  3.5   operator for violating subdivision 3. 
  3.6      Sec. 4.  Minnesota Statutes 2002, section 171.13, is 
  3.7   amended by adding a subdivision to read: 
  3.8      Subd. 1i.  [DRIVER'S MANUAL; SAFETY AT EMERGENCY 
  3.9   SCENE.] The commissioner shall include in each edition of the 
  3.10  driver's manual published by the department after July 1, 2004, 
  3.11  a section relating to the responsibilities of motorists when 
  3.12  approaching an emergency or a stopped emergency vehicle on a 
  3.13  highway.