HF 3185

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to traffic regulations; authorizing local 
  1.3             governments to vary speed limit plus or minus five 
  1.4             miles per hour on certain roads, streets, or highways, 
  1.5             and to request variances from engineering standards; 
  1.6             amending Minnesota Statutes 1998, section 169.14, 
  1.7             subdivision 5. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1998, section 169.14, 
  1.10  subdivision 5, is amended to read: 
  1.11     Subd. 5.  [ZONING WITHIN LOCAL AREA.] (a) When local 
  1.12  authorities believe that the existing speed limit upon any 
  1.13  street or highway, or part thereof, within their respective 
  1.14  jurisdictions and not a part of the trunk highway system is 
  1.15  greater or less than is reasonable or safe under existing 
  1.16  conditions, they may request the commissioner to authorize, upon 
  1.17  the basis of an engineering and traffic investigation, the 
  1.18  erection of appropriate signs designating what speed is 
  1.19  reasonable and safe, and.  The commissioner may authorize the 
  1.20  erection of appropriate signs designating, pursuant to this 
  1.21  paragraph and, if applicable, paragraph (b), a reasonable and 
  1.22  safe speed limit thereat, which speed limit shall be effective 
  1.23  when such signs are erected.  A local authority may also request 
  1.24  a variance from an engineering standard for the street or 
  1.25  highway. 
  1.26     (b) If a local authority determines after public hearing 
  2.1   that the speed for a particular road, street, or highway under 
  2.2   its jurisdiction should be raised or lowered by five miles per 
  2.3   hour from the speed recommended by the commissioner under 
  2.4   paragraph (a), it may erect appropriate signs designating that 
  2.5   speed as a reasonable and safe speed limit, effective when the 
  2.6   signs are erected, subject to the following conditions: 
  2.7      (1) the road, street, or highway is not a trunk highway, is 
  2.8   not a residential roadway, and is not zoned for speed under 
  2.9   subdivision 5a, 5c, 5d, or 5e; 
  2.10     (2) the commissioner's recommended speed limit is not 
  2.11  lowered to a speed less than 30 miles per hour; and 
  2.12     (3) the commissioner's recommended speed limit is not 
  2.13  raised to a speed greater than 55 miles per hour. 
  2.14     (c) Any speeds in excess of these speed limits designated 
  2.15  under paragraph (a) or (b) shall be prima facie evidence that 
  2.16  the speed is not reasonable or prudent and that it is unlawful; 
  2.17  except that any speed limit within any municipality shall be a 
  2.18  maximum limit and any speed in excess thereof shall be 
  2.19  unlawful.  Alteration of speed limits on streets and highways 
  2.20  shall be made only upon authority of the commissioner except as 
  2.21  provided in subdivision paragraph (b) and subdivisions 5a, 5b, 
  2.22  5c, and 5e.