HF 3164

as introduced - 86th Legislature (2009 - 2010) Posted on 02/24/2010 05:01pm

A bill for an act
relating to transportation; allowing escort drivers of overdimensional loads to
control traffic; directing commissioner of public safety to establish escort driver
training and certification program; amending Minnesota Statutes 2008, sections
169.06, subdivision 4; 169.86, by adding a subdivision; proposing coding for
new law in Minnesota Statutes, chapter 299D.

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

Section 1.

Minnesota Statutes 2008, section 169.06, subdivision 4, is amended to read:

Subd. 4.

Obedience to traffic-control signal or flagger; presumptions.

(a) The
driver of any vehicle shall obey the instructions of any official traffic-control device
applicable thereto placed in accordance with the provisions of this chapter, unless
otherwise directed by a traffic or police officer new text begin or by an escort of an overdimensional
load new text end , subject to the exceptions granted the driver of an authorized emergency vehicle
in this chapter.

(b) No provision of this chapter for which official traffic-control devices are required
shall be enforced against an alleged violator if at the time and place of the alleged
violation an official device is not in proper position and sufficiently legible to be seen by
an ordinarily observant person. Whenever a particular section does not state that official
traffic-control devices are required, such section shall be effective even though no devices
are erected or in place.

(c) Whenever official traffic-control devices are placed in position approximately
conforming to the requirements of this chapter, such devices shall be presumed to have
been so placed by the official act or direction of lawful authority, unless the contrary
shall be established by competent evidence.

(d) Any official traffic-control device placed pursuant to the provisions of this
chapter and purporting to conform to the lawful requirements pertaining to such devices
shall be presumed to comply with the requirements of this chapter, unless the contrary
shall be established by competent evidence.

(e) A flagger in a designated work zone may stop vehicles and hold vehicles in place
until it is safe for the vehicles to proceed. A person operating a motor vehicle that has
been stopped by a flagger in a designated work zone may proceed after stopping only on
instruction by the flagger.

new text begin (f) An overdimensional load escort driver with a certificate issued under section
299D.085, while acting as a flagger escorting a legal overdimensional load, may stop
vehicles and hold vehicles in place until it is safe for the vehicles to proceed. A person
operating a motor vehicle that has been stopped by an escort driver acting as a flagger may
proceed only on instruction by the flagger or a licensed peace officer.
new text end

Sec. 2.

Minnesota Statutes 2008, section 169.86, is amended by adding a subdivision
to read:

new text begin Subd. 3b. new text end

new text begin Escort vehicles. new text end

new text begin The commissioner or local authority shall specify in
the permit:
new text end

new text begin (1) the minimum number of escort vehicles required to escort the overdimensional
load; and
new text end

new text begin (2) whether the operators of the escort vehicles must be peace officers or may be
civilians who hold a current certificate under section 299D.085.
new text end

Sec. 3.

new text begin [299D.085] OVERDIMENSIONAL LOAD ESCORT DRIVER.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For purposes of this section, "overdimensional load" is a
vehicle or combination of vehicles of a size or weight of vehicle or load exceeding the
maximum specified in chapter 169, or otherwise not in conformity with the provisions
of chapter 169.
new text end

new text begin Subd. 2. new text end

new text begin Certificate. new text end

new text begin No person may operate as an overdimensional load escort
driver in this state without a certificate issued by the commissioner, or by a state with
which the commissioner has entered into a reciprocal agreement. The commissioner shall
assess a fee for each certificate applicant, calculated to cover the commissioner's cost of
establishing and administering the program.
new text end

new text begin Subd. 3. new text end

new text begin Qualifications. new text end

new text begin To obtain a certificate to operate as an overdimensional
load escort driver, a person must be a minimum of 18 years of age, possess a valid
operator's license for the type of vehicle being operated, successfully complete an
escort driver certification course developed by the commissioner and offered by the
commissioner or authorized agents, and meet all additional requirements, including
vehicle and safety equipment standards specified by the commissioner.
new text end

new text begin Subd. 4. new text end

new text begin Penalty. new text end

new text begin A person who violates, or aids or abets the violation of, any
provision of this section is guilty of a misdemeanor.
new text end

Sec. 4. new text begin RULEMAKING AUTHORITY.
new text end

new text begin The commissioner of public safety shall adopt rules to carry out the provisions of
section 3. The rules must be adopted pursuant to Minnesota Statutes, sections 14.131
to 14.20.
new text end

Sec. 5. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 3 are effective the day following publication in the State Register of
rules adopted under section 4. Section 4 is effective the day following final enactment.
new text end