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HF 3249

as introduced - 90th Legislature (2017 - 2018) Posted on 03/19/2018 04:46pm

KEY: stricken = removed, old language. underscored = added, new language.

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A bill for an act
relating to public safety; modifying provisions governing passing emergency
vehicles stopped on a roadway;amending Minnesota Statutes 2016, section 169.18,
subdivisions 11, 12.

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

Section 1.

Minnesota Statutes 2016, section 169.18, subdivision 11, is amended to read:


Subd. 11.

Passing parked emergency vehicle; citation; probable cause.

(a) When
approaching and before passing an authorized emergency vehicle with its emergency lights
activated that is parked or otherwise stopped on or next to a street or highway having two
lanes in the same direction, the driver of a vehicle shall safely move the vehicle to the lane
farthest away from the emergency vehicle, if it is possible to do so.

(b) When approaching and before passing an authorized emergency vehicle with its
emergency lights activated that is parked or otherwise stopped on or next to a street or
highway having more than two lanes in the same direction, the driver of a vehicle shall
safely move the vehicle so as to leave a full lane vacant between the driver and any lane in
which the emergency vehicle is completely or partially parked or otherwise stopped, if it is
possible to do so.

(c) If a lane change under paragraph (a) or (b) is impossible, or when approaching and
before passing an authorized emergency vehicle with its emergency lights activated that is
parked or otherwise stopped on or next to a street or highway having only one lane in the
same direction, the driver of a vehicle must reduce the speed of the motor vehicle to a speed
that is safe for the existing traffic conditions until the motor vehicle has completely passed
the parked or stopped emergency vehicle.

(c) (d) A peace officer may issue a citation to the driver of a motor vehicle if the peace
officer has probable cause to believe that the driver has operated the vehicle in violation of
this subdivision within the four-hour period following the termination of the incident or a
receipt of a report under paragraph (d) (e). The citation may be issued even though the
violation was not committed in the presence of the peace officer.

(d) (e) Although probable cause may be otherwise satisfied by other evidentiary elements
or factors, probable cause is sufficient for purposes of this subdivision when the person
cited is operating the vehicle described by a member of the crew of an authorized emergency
vehicle responding to an incident in a timely report of the violation of this subdivision,
which includes a description of the vehicle used to commit the offense and the vehicle's
license plate number. For the purposes of issuance of a citation under paragraph (c) (d),
"timely" means that the report must be made within a four-hour period following the
termination of the incident.

(e) (f) For purposes of paragraphs (a) and (b) only, the terms "authorized emergency
vehicle" and "emergency vehicle" include a towing vehicle defined in section 168B.011,
subdivision 12a
, that has activated flashing lights authorized under section 169.64,
subdivision 3
, in addition to the vehicles described in the definition for "authorized
emergency vehicle" in section 169.011, subdivision 3.

Sec. 2.

Minnesota Statutes 2016, section 169.18, subdivision 12, is amended to read:


Subd. 12.

Passing certain parked vehicles.

(a) When approaching and before passing
a freeway service patrol vehicle, road maintenance vehicle, utility company vehicle, or
construction vehicle with its warning lights activated that is parked or otherwise stopped
on or next to a street or highway having two lanes in the same direction, the driver of a
vehicle shall safely move the vehicle to the lane farthest away from the parked or stopped
vehicle, if it is possible to do so.

(b) When approaching and before passing a freeway service patrol vehicle, road
maintenance vehicle, utility company vehicle, or construction vehicle with its warning lights
activated that is parked or otherwise stopped on or next to a street or highway having more
than two lanes in the same direction, the driver of a vehicle shall safely move the vehicle
so as to leave a full lane vacant between the driver and any lane in which the vehicle is
completely or partially parked or otherwise stopped, if it is possible to do so.

(c) If a lane change under paragraph (a) or (b) is impossible, or when approaching and
before passing a freeway service patrol vehicle, road maintenance vehicle, utility company
vehicle, or construction vehicle with its warning lights activated that is parked or otherwise
stopped on or next to a street or highway having only one lane in the same direction, the
driver of a vehicle must reduce the speed of the motor vehicle to a speed that is safe for the
existing traffic conditions until the motor vehicle has completely passed the parked or
stopped freeway service patrol vehicle, road maintenance vehicle, utility company vehicle,
or construction vehicle.

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