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SF 808

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

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

Current Version - as introduced

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A bill for an act
relating to traffic regulations; enacting the Safe School Zone Law; making
clarifying and technical changes; amending Minnesota Statutes 2006, sections
169.01, by adding a subdivision; 169.14, subdivisions 2, 4, 5a.

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

Section 1.

Minnesota Statutes 2006, section 169.01, is amended by adding a
subdivision to read:


new text begin Subd. 92. new text end

new text begin School zone. new text end

new text begin "School zone" means that section of a street or highway that
abuts the grounds of a school where children have access to the street or highway from the
school property or where an established school crossing is located; provided, the school
advance sign prescribed by the Manual on Uniform Traffic Control Devices adopted by
the commissioner of transportation pursuant to section 169.06 is in place.
new text end

Sec. 2.

Minnesota Statutes 2006, section 169.14, subdivision 2, is amended to read:


Subd. 2.

Speed limits.

(a) Where no special hazard exists the following speeds deleted text begin shall
be
deleted text end new text begin arenew text end lawful, but any deleted text begin speedsdeleted text end new text begin speednew text end in excess of deleted text begin suchdeleted text end new text begin thesenew text end limits deleted text begin shall bedeleted text end new text begin isnew text end prima facie
evidence that the speed is not reasonable or prudent and that it is unlawful; except that the
speed limit within any municipality deleted text begin shall bedeleted text end new text begin isnew text end a maximum limit and any speed in excess
deleted text begin thereof shall bedeleted text end new text begin of that limit isnew text end unlawful:

(1) 30 miles per hour in an urban district or on a town road in a rural residential
district;

(2) 65 miles per hour on noninterstate freeways and expressways, as defined in
section 160.02, subdivision 19;

(3) 55 miles per hour in locations other than those specified in this section;

(4) 70 miles per hour on interstate highways outside the limits of any urbanized area
with a population of greater than 50,000 as defined by order of the commissioner of
transportation;

(5) 65 miles per hour on interstate highways inside the limits of any urbanized area
with a population of greater than 50,000 as defined by order of the commissioner of
transportation;

(6) ten miles per hour in deleted text begin alleysdeleted text end new text begin alleywaysnew text end ; deleted text begin and
deleted text end

(7) 25 miles per hour in residential roadways if adopted by the road authority having
jurisdiction over the residential roadwaynew text begin ; and
new text end

new text begin (8) 25 miles per hour in school zonesnew text end .

(b) A speed limit adopted under paragraph (a), clause (7), is not effective unless the
road authority has erected signs designating the speed limit and indicating the beginning
and end of the residential roadway on which the speed limit applies.

(c) For purposes of this subdivision, "rural residential district" means the territory
contiguous to and including any town road within a subdivision or plat of land that is built
up with dwelling houses at intervals of less than 300 feet for a distance of one-quarter
mile or more.

(d) Notwithstanding section 609.0331 or 609.101 or other law to the contrary,
a person who violates a speed limit established in this subdivision, or a speed limit
designated on an appropriate sign under subdivision 4, 5, 5b, 5c, or 5e, by driving 20 miles
per hour or more in excess of the applicable speed limit, is assessed an additional surcharge
equal to the amount of the fine imposed for the speed violation, but not less than $25.

Sec. 3.

Minnesota Statutes 2006, section 169.14, subdivision 4, is amended to read:


Subd. 4.

Establishment of zones by commissioner.

new text begin Except as provided in
subdivision 5a,
new text end on determining upon the basis of an engineering and traffic investigation
that any speed set forth in this section is greater or less than is reasonable or safe under the
conditions found to exist on any trunk highway or upon any part thereof, the commissioner
may erect appropriate signs designating a reasonable and safe speed limit deleted text begin thereatdeleted text end , which
deleted text begin speed limit shall bedeleted text end new text begin becomesnew text end effective when deleted text begin suchdeleted text end new text begin thenew text end signs are erected new text begin therenew text end . Any deleted text begin speedsdeleted text end
new text begin speednew text end in excess of deleted text begin suchdeleted text end new text begin thesenew text end limits deleted text begin shall bedeleted text end new text begin isnew text end prima facie evidence that the speed is
not reasonable or prudent and that it is unlawful; except that any speed limit within any
municipality deleted text begin shall bedeleted text end new text begin or within any school zone isnew text end a maximum limit and any speed in
excess deleted text begin thereof shall bedeleted text end new text begin of that limit isnew text end unlawful. On determining upon that basis that a part
of the trunk highway system outside a municipality should be a zone of maximum speed
limit, the commissioner may establish that part as such a zone by erecting appropriate
signs showing the beginning and end of the zone, designating a reasonable and safe speed
therefor, which may be different than the speed set forth in this section, and that it is a
zone of maximum speed limit. The speed so designated by the commissioner within any
such zone deleted text begin shall bedeleted text end new text begin isnew text end a maximum speed limit, and speed in excess of deleted text begin suchdeleted text end new text begin thatnew text end limit deleted text begin shall
be
deleted text end new text begin isnew text end unlawful. The commissioner may in the same manner from time to time alter the
boundary of such a zone and the speed limit therein or eliminate deleted text begin suchdeleted text end new text begin thenew text end zone.

Sec. 4.

Minnesota Statutes 2006, section 169.14, subdivision 5a, is amended to read:


Subd. 5a.

Speed zoning in school zone; surcharge.

(a) new text begin A new text end local deleted text begin authoritiesdeleted text end
new text begin authority, with the agreement of a school board or nonpublic school administration,new text end may
establish a deleted text begin schooldeleted text end speed limit new text begin that is less than 25 miles per hournew text end within a school zone of a
public or nonpublic school deleted text begin upon the basis of an engineering and traffic investigation as
prescribed by the commissioner of transportation
deleted text end new text begin located on a street or highway within the
jurisdiction of the local authority
new text end . The establishment of a school speed limit new text begin that is more
than or less than 25 miles per hour
new text end on any trunk highway deleted text begin shalldeleted text end new text begin mustnew text end be deleted text begin with the consentdeleted text end
new text begin by agreementnew text end of the commissioner of transportation new text begin with the school board or, in the case
of a nonpublic school, with the school's administrator
new text end . deleted text begin Suchdeleted text end School speed limits deleted text begin shall bedeleted text end
new text begin arenew text end in effect when children are present, going to or leaving school during opening or
closing hoursnew text begin ,new text end or during school recess periods. deleted text begin The school speed limit shall not be lower
than 15 miles per hour and shall not be more than 30 miles per hour below the established
speed limit on an affected street or highway.
deleted text end

(b) The school speed limit deleted text begin shall bedeleted text end new text begin becomesnew text end effective upon the erection of
appropriate signs designating the speed and indicating the beginning and end of the
reduced speed zone. Any speed in excess of deleted text begin suchdeleted text end new text begin thenew text end posted school speed limit is
unlawful. deleted text begin All suchdeleted text end new text begin These new text end signs deleted text begin shalldeleted text end new text begin mustnew text end be erected by the local authorities on those
streets and highways under their respective jurisdictions and by the commissioner of
transportation on trunk highways.

(c) deleted text begin For the purpose of this subdivision, "school zone" means that section of a street
or highway which abuts the grounds of a school where children have access to the street
or highway from the school property or where an established school crossing is located
provided the school advance sign prescribed by the manual on uniform traffic control
devices adopted by the commissioner of transportation pursuant to section 169.06 is in
place.
deleted text end All signs erected by local authorities to designate speed limits in school zones deleted text begin shalldeleted text end
new text begin must new text end conform to the Manual on Uniform Control Devices.

(d) Notwithstanding section 609.0331 or 609.101 or other law to the contrary,
a person who violates a speed limit established under this subdivision is assessed an
additional surcharge equal to the amount of the fine imposed for the violation, but not
less than $25.