as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
Engrossments | ||
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Introduction | Posted on 02/15/2000 |
1.1 A bill for an act 1.2 relating to traffic regulations; conforming state open 1.3 bottle law to federal law; allowing exception to 1.4 requirement of school bus drivers to activate school 1.5 bus stop signals; adopting federal odometer 1.6 regulations; modifying provisions to conform to 1.7 federal standards for emergency vehicle siren; making 1.8 clarifying changes; amending Minnesota Statutes 1998, 1.9 sections 169.122, subdivisions 1, 2, and 3; 169.443, 1.10 subdivision 3; 169.68; and 325E.15; repealing 1.11 Minnesota Rules, parts 7402.0100; 7402.0200; 1.12 7402.0300; 7402.0400; and 7402.0500. 1.13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.14 Section 1. Minnesota Statutes 1998, section 169.122, 1.15 subdivision 1, is amended to read: 1.16 Subdivision 1. [ACT PROHIBITED.] No person shall drink or 1.17 consumeintoxicating liquorsan alcoholic beverage, distilled 1.18 spirit, or 3.2 percent maltliquorsliquor in any motor vehicle 1.19 whensuchthe vehicle is upon a public highway. 1.20 Sec. 2. Minnesota Statutes 1998, section 169.122, 1.21 subdivision 2, is amended to read: 1.22 Subd. 2. [POSSESSION PROHIBITED.] (a) No person shall have 1.23 in possession while in a private motor vehicle upon a public 1.24 highway, any bottle or receptacle containingintoxicating liquor1.25 an alcoholic beverage, distilled spirit, or 3.2 percent malt 1.26 liquorwhichthat has been opened, or the seal broken, or the 1.27 contents of which have been partially removed. 1.28 (b) For purposes of this section, "possession" means either 1.29 that the person had actual possession of the bottle or 2.1 receptacle or that the person consciously exercised dominion and 2.2 control over the bottle or receptacle. This subdivision does 2.3 not apply to a bottle or receptacle that is in the trunk of the 2.4 vehicle if it is equipped with a trunk, or that is in another 2.5 area of the vehicle not normally occupied by the driver and 2.6 passengers if the vehicle is not equipped with a trunk. 2.7 Sec. 3. Minnesota Statutes 1998, section 169.122, 2.8 subdivision 3, is amended to read: 2.9 Subd. 3. [LIABILITY OF NONPRESENT OWNER.] (a) Itshall be2.10 is unlawful for the owner of any private motor vehicle or the 2.11 driver, if the ownerbeis not then present in the motor 2.12 vehicle, to keep or allow to be kept in a motor vehicle 2.13 whensuchthe vehicle is upon the public highway any bottle or 2.14 receptacle containingintoxicating liquorsan alcoholic 2.15 beverage, distilled spirit, or 3.2 percent maltliquors which2.16 liquor that has been opened, or the seal broken, or the contents 2.17 of which have been partially removedexcept when such. 2.18 (b) This subdivision does not apply to a bottle or 2.19 receptacleshall be keptthat is in the trunk of the motor 2.20 vehicle whensuchthe vehicle is equipped with a trunk, orkept2.21 that is in some other area of the vehicle not normally occupied 2.22 by the driver or passengers,if the motor vehicle is not 2.23 equipped with a trunk. 2.24 (c) A utility compartment or glove compartmentshall beis 2.25 deemed to be within the area occupied by the driver and 2.26 passengers. 2.27 Sec. 4. Minnesota Statutes 1998, section 169.443, 2.28 subdivision 3, is amended to read: 2.29 Subd. 3. [WHEN SIGNALS NOT USED.] School bus drivers shall 2.30 not activate the prewarning flashing amber signals or flashing 2.31 red signals and shall not use the stop arm signal: 2.32 (1) in special school bus loading areas where the bus is 2.33 entirely off the traveled portion of the roadway and where no 2.34 other motor vehicle traffic is moving or is likely to be moving 2.35 within 20 feet of the bus; 2.36 (2) when directed not to do so, in writing, by the local 3.1 school board; 3.2 (3) when a school bus is being used on a street or highway 3.3 for purposes other than the actual transportation of school 3.4 children to or from school or a school-approved activity, except 3.5 as provided in subdivision 8; 3.6 (4) at railroad grade crossings; and 3.7 (5) when loading and unloadingpeopleschool children at 3.8 designated school bus stops where school children are not 3.9 required to cross the street or highway, while the bus is 3.10 completely off the traveled portion of aseparated, one-way3.11 roadway that has adequate shoulders. The driver shall drive the 3.12 bus completely off the traveled portion of this roadway before 3.13 loading or unloadingpeopleschool children. 3.14 Sec. 5. Minnesota Statutes 1998, section 169.68, is 3.15 amended to read: 3.16 169.68 [HORN, SIREN.] 3.17 (a) Every motor vehicle when operated upon a highwayshall3.18 must be equipped with a horn in good working order and capable 3.19 of emitting sound audible under normal conditions from a 3.20 distance of not less than 200 feet, but no. However, the horn 3.21 or other warning deviceshallmust not emit an unreasonably loud 3.22 or harsh sound or a whistle. The driver of a motor vehicle 3.23 shall, when reasonably necessary to insure safe operation, give 3.24 audible warning with the horn, but shall not otherwise usesuch3.25 the horn when upon a highway. 3.26No(b) A vehicleshallmust not be equipped with,nor3.27shall anyand a person shall not use upon a vehicle, any siren, 3.28 whistle, or bell, except as otherwise permitted in this section. 3.29 (c) It is permissible, but not required,thatfor any 3.30 commercial vehicle to be equipped with a theft alarm signal 3.31 devicewhich is, so arranged that it cannot be used by the 3.32 driver as an ordinary warning signal. 3.33 (d) All authorized emergency vehiclesshallmust be 3.34 equipped with a siren capable of emitting sound audible under 3.35 normal conditions from a distance of not less than 500 feet and 3.36 of a typeapproved by the department of public safety, but4.1suchconforming to the federal certification standards for 4.2 sirens, as determined by the General Services Administration. 4.3 However, the sirenshallmust not be used except whensuchthe 4.4 vehicle is operated in response to an emergency call or in the 4.5 immediate pursuit of an actual or suspected violator of the law, 4.6 in which latter events the driver ofsuchthe vehicle shall 4.7 sound the siren when necessary to warn pedestrians and other 4.8 drivers of the vehicle's approachthereof. 4.9 Sec. 6. Minnesota Statutes 1998, section 325E.15, is 4.10 amended to read: 4.11 325E.15 [TRANSFER OF MOTOR VEHICLE; MILEAGE DISCLOSURE.] 4.12 No person shall transfer a motor vehicle without disclosing 4.13 in writing to the transferee the true mileage registered on the 4.14 odometer reading or that the actual mileage is unknown if the 4.15 odometer reading is known by the transferor to be different from 4.16 the true mileage. Theregistrar of motor vehicles shall adopt,4.17pursuant to the Administrative Procedure Act, rules not4.18inconsistent with sections 325E.13 to 325E.16 orregulations 4.19 contained in Code of Federal Regulations, title 49, sections 4.20 580.1 to 580.17, as amended through October 1, 1998, 4.21 implementing Title IV of the Federal Motor Vehicle Information 4.22 and Cost Savings Actor any rules promulgated thereunder4.23prescribingprescribe the manner in whichsuchwritten 4.24 disclosureshallmust be made in this state and are adopted by 4.25 reference. No transferor shall violate anyrulesregulations 4.26 adopted under this section or knowingly give a false statement 4.27 to a transferee in making any disclosure required bysuch rules4.28 the regulations. 4.29 Sec. 7. [REPEALER.] 4.30 Minnesota Rules, parts 7402.0100; 7402.0200; 7402.0300; 4.31 7402.0400; and 7402.0500, are repealed. 4.32 Sec. 8. [EFFECTIVE DATE.] 4.33 Sections 1 to 3 are effective August 1, 2000, for offenses 4.34 committed after July 31, 2000.