HF 3214

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to transportation; granting towing authority to Department of
Transportation within its metropolitan district; amending Minnesota Statutes
2004, sections 168B.04, subdivision 2; 169.041, subdivisions 1, 2.

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

Section 1.

Minnesota Statutes 2004, section 168B.04, subdivision 2, is amended to read:

Subd. 2.

Unauthorized vehicles.

(a) Units of government and peace officers may
take into custody and impound any unauthorized vehicle under section 169.041.

(b) A vehicle may also be impounded after it has been left unattended in one of the
following public or private locations for the indicated period of time:

(1) in a public location not governed by section 169.041:

(i) on a highway and properly tagged by a peace officer, four hours;

(ii) located so as to constitute an accident or traffic hazard to the traveling public, as
determined by a peace officer, immediately; deleted text begin or
deleted text end

new text begin (iii) located so as to constitute an accident or traffic hazard to the traveling
public within the Department of Transportation's eight-county metropolitan district,
as determined by an authorized employee of the department's freeway service patrol,
immediately; or
new text end

deleted text begin (iii) deleted text end new text begin (iv) new text end that is a parking facility or other public property owned or controlled by a
unit of government, properly posted, four hours; or

(2) on private property:

(i) that is single-family or duplex residential property, immediately;

(ii) that is private, nonresidential property, properly posted, immediately;

(iii) that is private, nonresidential property, not posted, 24 hours;

(iv) that is private, nonresidential property of an operator of an establishment for the
servicing, repair, or maintenance of motor vehicles, five business days after notifying the
vehicle owner by certified mail, return receipt requested, of the property owner's intention
to have the vehicle removed from the property; or

(v) that is any residential property, properly posted, immediately.

new text begin (c) When a tow is requested under paragraph (b), clause (1) (iii), the department shall
ensure that the tower initially requested to remove the vehicle is given the opportunity,
to the greatest reasonable extent, to actually conduct and complete all towing operations
requested.
new text end

Sec. 2.

Minnesota Statutes 2004, section 169.041, subdivision 1, is amended to read:

Subdivision 1.

Towing authority.

For purposes of this section, "towing authority"
means new text begin :
new text end

new text begin (1) new text end any local authority authorized by section 169.04 to enforce the traffic laws, and
deleted text begin also includes deleted text end a private towing company authorized by a local authority deleted text begin to tow vehicles on
behalf of that local authority. deleted text end new text begin ; or new text end

new text begin (2) an authorized employee of the Department of Transportation's freeway service
patrol within the department's eight-county metropolitan district, and also includes a
private towing company authorized by the department to tow vehicles on behalf of the
department.
new text end

Sec. 3.

Minnesota Statutes 2004, section 169.041, subdivision 2, is amended to read:

Subd. 2.

Towing order required.

A towing authority may not tow a motor
vehicle from public property unless a peace officer or parking enforcement officer has
prepared, in addition to the parking citation, a written towing report describing the motor
vehicle and the reasons for towing. The report must be signed by the officer and the tow
driver. new text begin Within the Department of Transportation's eight-county metropolitan district, an
authorized employee of the department's freeway service patrol may order a tow from a
trunk highway after preparing a written towing report provided by the Minnesota State
Patrol but is not required to issue a citation. The department employee shall ensure that
the tower initially requested to remove the vehicle is given the opportunity, to the greatest
reasonable extent, to actually conduct and complete all towing operations requested.
new text end