HF 3263

3rd Engrossment - 86th Legislature (2009 - 2010) Posted on 05/12/2010 08:51pm

A bill for an act
relating to traffic regulations; modifying provisions related to highway work zone
speeds, driving in the right-hand lane, and seat belt requirements for persons
operating a type III vehicle as a school bus; amending Minnesota Statutes 2008,
sections 169.14, subdivision 5d; 169.685, subdivision 6; 171.13, by adding a
subdivision.

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

Section 1.

Minnesota Statutes 2008, section 169.14, subdivision 5d, is amended to read:

Subd. 5d.

Speed zoning in work zone; surcharge.

(a) The commissioner, on
trunk highways and temporary trunk highways, and local authorities, on streets and
highways under their jurisdiction, may authorize the use of reduced maximum speed
limits in highway work zones. The commissioner or local authority is not required to
conduct an engineering and traffic investigation before authorizing a reduced speed limit
in a highway work zone.

(b) The minimum highway work zone speed limit is 20 miles per hour. The work
zone speed limit must not reduce the established speed limit on the affected street or
highway by more than 15 miles per hour, except that the highway work zone speed limit
must not exceed 40 miles per hour. The commissioner or local authority shall post the
limits of the work zone. Highway work zone speed limits are effective on erection of
appropriate regulatory speed limit signs. The signs must be removed or covered when
they are not required. A speed greater than the posted highway work zone speed limit is
unlawful.

(c) Notwithstanding paragraph (b), on divided highways the commissioner or local
authority may establish a highway work zone speed limit that does not exceed 55 miles
per hour.

(d) new text begin Notwithstanding paragraph (b), on two-lane highways having one lane for
each direction of travel with a posted speed limit of 60 miles per hour or greater, the
commissioner or local authority may establish a highway work zone speed limit that
does not exceed 40 miles per hour.
new text end

new text begin (e) new text end For purposes of this subdivision, "highway work zone" means a segment of
highway or street where a road authority or its agent is constructing, reconstructing, or
maintaining the physical structure of the roadway, its shoulders, or features adjacent to
the roadway, including underground and overhead utilities and highway appurtenances,
when workers are present.

deleted text begin (e) deleted text end new text begin (f) new text end Notwithstanding section 609.0331 or 609.101 or other law to the contrary, a
person who violates a speed limit established under deleted text begin paragraph (b) or (c) deleted text end new text begin this subdivision new text end ,
or who violates any other provision of this section while in a highway work zone, is
assessed an additional surcharge equal to the amount of the fine imposed for the speed
violation, but not less than $25.

Sec. 2.

Minnesota Statutes 2008, section 169.685, subdivision 6, is amended to read:

Subd. 6.

Exceptions.

(a) This section does not apply to:

(1) a person transporting a child in an emergency medical vehicle while in the
performance of official duties and when the physical or medical needs of the child make
the use of a child passenger restraint system unreasonable or when a child passenger
restraint system is not available;

(2) a peace officer transporting a child while in the performance of official duties
and when a child passenger restraint system is not available, provided that a seat belt
must be substituted; deleted text begin and
deleted text end

(3) a person while operating a motor vehicle for hire, including a taxi, airport
limousine, and bus, but excluding a rented, leased, or borrowed motor vehicle new text begin ;
new text end

new text begin (4) a person while operating a school bus; and
new text end

new text begin (5) a person while operating a type III vehicle described in section 169.011,
subdivision 71, paragraph (h), if the vehicle meets the seating and crash protection
requirements of Federal Motor Vehicle Safety Standard 222, Code of Federal Regulations,
title 49, part 571 new text end .

(b) A child passenger restraint system is not required for a child who cannot, in the
judgment of a licensed physician, be safely transported in a child passenger restraint
system because of a medical condition, body size, or physical disability. A motor vehicle
operator claiming exemption for a child under this paragraph must possess a typewritten
statement from the physician stating that the child cannot be safely transported in a child
passenger restraint system. The statement must give the name and birth date of the child,
be dated within the previous six months, and be made on the physician's letterhead or
contain the physician's name, address, and telephone number. A person charged with
violating subdivision 5 may not be convicted if the person produces the physician's
statement in court or in the office of the arresting officer.

(c) A person offering a motor vehicle for rent or lease shall provide a child passenger
restraint device to a customer renting or leasing the motor vehicle who requests the device.
A reasonable rent or fee may be charged for use of the child passenger restraint device.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2008, section 171.13, is amended by adding a subdivision
to read:

new text begin Subd. 1k. new text end

new text begin Driver's manual; driving in right lane. new text end

new text begin The commissioner shall include
in each edition of the driver's manual published by the department after August 1, 2010,
instructions relating to circumstances under which a driver of a motor vehicle should
drive in the right-hand lane of a highway that is divided into more than one lane in the
same direction of travel.
new text end