SF 1062

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to transportation; changing definitions; granting towing authority
to Department of Transportation within its metropolitan district; modifying
provisions relating to hazardous materials; changing language relating to yellow
arrow signal; modifying provisions related to motor carriers; directing the
commissioner of transportation to enter into the Unified Carrier Registration
Agreement; amending Minnesota Statutes 2006, sections 160.02, subdivision
19, by adding a subdivision; 168B.04, subdivision 2; 169.01, subdivisions 19,
20; 169.041, subdivisions 1, 2; 169.06, subdivision 5; 221.031, subdivision 6;
221.0314, by adding a subdivision; 221.033, subdivision 2d; 221.037, subdivision
1; 221.231; 221.60, subdivision 1, by adding a subdivision; repealing Minnesota
Statutes 2006, sections 221.60, subdivisions 2, 3, 3a; 221.601; 221.602.

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

Section 1.

Minnesota Statutes 2006, section 160.02, is amended by adding a
subdivision to read:

new text begin Subd. 18a. new text end

new text begin Expressway. new text end

new text begin "Expressway" means a divided highway with partial
control of access.
new text end

Sec. 2.

Minnesota Statutes 2006, section 160.02, subdivision 19, is amended to read:

Subd. 19.

Freeway deleted text begin or expressway deleted text end .

"Freeway" deleted text begin or "expressway" deleted text end means a divided deleted text begin ,
controlled-access deleted text end highway with deleted text begin four or more lanes deleted text end new text begin full control of access new text end .

Sec. 3.

Minnesota Statutes 2006, 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; provided that, the owner of the vehicle to be towed has not already requested
that another tower remove the vehicle, in which case the tower contacted by the owner
must be given the first reasonable opportunity to conduct the towing operations required.
new text end

Sec. 4.

Minnesota Statutes 2006, section 169.01, subdivision 19, is amended to read:

Subd. 19.

Explosives.

"Explosives" deleted text begin means any chemical compound or mechanical
mixture that is commonly used or intended for the purpose of producing an explosion
and which contains any oxidizing and combustive units or other ingredients in such
proportions, quantities, or packing that an ignition by fire, by friction, by concussion, by
percussion, or by detonator of any part of the compound or mixture may cause such a
sudden generation of highly heated gases that the resultant gaseous pressures are capable
of producing destructible effects on contiguous objects or of destroying life or limb deleted text end new text begin has
the meaning given in Code of Federal Regulations, title 49, section 173.50 new text end .

Sec. 5.

Minnesota Statutes 2006, section 169.01, subdivision 20, is amended to read:

Subd. 20.

Flammable liquid.

"Flammable liquid" deleted text begin means deleted text end new text begin has the meaning given
new text end any liquid deleted text begin which has a flash point of 70 degrees Fahrenheit, or less, as determined by a
tagliabue or equivalent closed cup test device deleted text end new text begin defined in Code of Federal Regulations,
title 49, section 173.120 new text end .

Sec. 6.

Minnesota Statutes 2006, 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. 7.

Minnesota Statutes 2006, 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. A citation
need not be issued before the employee orders a tow. 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; provided that, the owner of the vehicle to be towed has not already requested
that another tower remove the vehicle, in which case the tower contacted by the owner
must be given the first reasonable opportunity to conduct the towing operations required.
new text end

Sec. 8.

Minnesota Statutes 2006, section 169.06, subdivision 5, is amended to read:

Subd. 5.

Traffic-control signal.

(a) Whenever traffic is controlled by traffic-control
signals exhibiting different colored lights, or colored lighted arrows, successively one at a
time or in combination, only the colors Green, Red, and Yellow shall be used, except for
special pedestrian signals carrying a word or legend. The traffic-control signal lights or
colored lighted arrows indicate and apply to drivers of vehicles and pedestrians as follows:

(1) Green indication:

(i) Vehicular traffic facing a circular green signal may proceed straight through or
turn right or left unless a sign at such place prohibits either turn. But vehicular traffic,
including vehicles turning right or left, shall yield the right-of-way to other vehicles
and to pedestrians lawfully within the intersection or adjacent crosswalk at the time this
signal is exhibited.

(ii) Vehicular traffic facing a green arrow signal, shown alone or in combination with
another indication, may cautiously enter the intersection only to make the movement
indicated by the arrow, or other movement as permitted by other indications shown at the
same time. Such vehicular traffic shall yield the right-of-way to pedestrians lawfully
within an adjacent crosswalk and to other traffic lawfully using the intersection.

(iii) Unless otherwise directed by a pedestrian-control signal as provided in
subdivision 6, pedestrians facing any green signal, except when the sole green signal is a
turn arrow, may proceed across the roadway within any marked or unmarked crosswalk.
Every driver of a vehicle shall yield the right-of-way to such pedestrian, except that the
pedestrian shall yield the right-of-way to vehicles lawfully within the intersection at the
time that the green signal indication is first shown.

(2) Steady yellow indication:

(i) Vehicular traffic facing a new text begin steady new text end circular yellow new text begin or yellow arrow new text end signal is thereby
warned that the related green movement is being terminated or that a red indication will be
exhibited immediately thereafter when vehicular traffic must not enter the intersection,
except for the continued movement allowed by any green arrow indication simultaneously
exhibited.

(ii) Pedestrians facing a circular yellow signal, unless otherwise directed by a
pedestrian-control signal as provided in subdivision 6, are thereby advised that there is
insufficient time to cross the roadway before a red indication is shown and no pedestrian
shall then start to cross the roadway.

deleted text begin (iii) Vehicular traffic facing a steady yellow arrow signal is thereby warned that
the protected vehicular movement permitted by the corresponding prior green arrow
indication is being terminated.
deleted text end

(3) Steady red indication:

(i) Vehicular traffic facing a circular red signal alone must stop at a clearly marked
stop line but, if none, before entering the crosswalk on the near side of the intersection
or, if none, then before entering the intersection and shall remain standing until a green
indication is shown, except as follows: (A) the driver of a vehicle stopped as close
as practicable at the entrance to the crosswalk on the near side of the intersection or,
if none, then at the entrance to the intersection in obedience to a red or stop signal,
and with the intention of making a right turn may make the right turn, after stopping,
unless an official sign has been erected prohibiting such movement, but shall yield the
right-of-way to pedestrians and other traffic lawfully proceeding as directed by the signal
at that intersection; or (B) the driver of a vehicle on a one-way street intersecting another
one-way street on which traffic moves to the left shall stop in obedience to a red or stop
signal and may then make a left turn into the one-way street, unless an official sign has
been erected prohibiting the movement, but shall yield the right-of-way to pedestrians and
other traffic lawfully proceeding as directed by the signal at that intersection.

(ii) Unless otherwise directed by a pedestrian-control signal as provided in
subdivision 6, pedestrians facing a steady red signal alone shall not enter the roadway.

(iii) Vehicular traffic facing a steady red arrow signal, with the intention of making a
movement indicated by the arrow, must stop at a clearly marked stop line but, if none,
before entering the crosswalk on the near side of the intersection or, if none, then before
entering the intersection and must remain standing until a permissive signal indication
permitting the movement indicated by the red arrow is displayed, except as follows: when
an official sign has been erected permitting a turn on a red arrow signal, the vehicular
traffic facing a red arrow signal indication is permitted to enter the intersection to turn
right, or to turn left from a one-way street into a one-way street on which traffic moves
to the left, after stopping, but must yield the right-of-way to pedestrians and other traffic
lawfully proceeding as directed by the signal at that intersection.

(b) In the event an official traffic-control signal is erected and maintained at a place
other than an intersection, the provisions of this section are applicable except those which
can have no application. Any stop required must be made at a sign or marking on the
pavement indicating where the stop must be made, but in the absence of any such sign or
marking the stop must be made at the signal.

(c) When a traffic-control signal indication or indications placed to control a certain
movement or lane are so identified by placing a sign near the indication or indications,
no other traffic-control signal indication or indications within the intersection controls
vehicular traffic for that movement or lane.

Sec. 9.

Minnesota Statutes 2006, section 221.031, subdivision 6, is amended to read:

Subd. 6.

Vehicle identification rule.

(a) The following carriers shall display the
carrier's name deleted text begin and address deleted text end on the power unit of each vehicle:

(1) motor carriers, regardless of the weight of the vehicle, except that this
requirement does not apply to a limousine as defined in section 168.011, subdivision 35,
that is equipped with "LM" license plates;

(2) interstate and intrastate private carriers operating vehicles with a gross vehicle
weight of more than 10,000 pounds; and

(3) vehicles providing transportation described in section 221.025 with a gross
vehicle weight of more than 10,000 pounds except those providing transportation
described in section 221.025, clauses (1), (3), and (4).

Vehicles described in clauses (2) and (3) that are operated by farmers or farm employees
and have four or fewer axles are not required to comply with the vehicle identification
rule of the commissioner.

(b) Vehicles subject to this subdivision must show the name or "doing business as"
name of the carrier operating the vehicle deleted text begin and the community and abbreviation of the state
in which the carrier maintains its principal office or in which the vehicle is customarily
based deleted text end . If the carrier operates a leased vehicle, it may show its name and the name of the
lessor on the vehicle, if the lease relationship is clearly shown. If the name of a person
other than the operating carrier appears on the vehicle, the words "operated by" must
immediately precede the name of the carrier.

(c) The name deleted text begin and address deleted text end must be in letters that contrast sharply in color with the
background, be readily legible during daylight hours from a distance of 50 feet while
the vehicle is stationary, and be maintained in a manner that retains the legibility of the
markings. The name deleted text begin and address deleted text end may be shown by use of a removable device if that
device meets the identification and legibility requirements of this subdivision.

Sec. 10.

Minnesota Statutes 2006, section 221.0314, is amended by adding a
subdivision to read:

new text begin Subd. 12. new text end

new text begin Hazardous materials safety permits. new text end

new text begin A person who transports the
hazardous materials designated in Code of Federal Regulations, title 49, section 385.403,
shall comply with this section and with the provisions of Code of Federal Regulations,
title 49, part 385, subpart E, which is incorporated by reference.
new text end

Sec. 11.

Minnesota Statutes 2006, section 221.033, subdivision 2d, is amended to read:

Subd. 2d.

Age of driver under federal materials-of-trade regulation.

A driver
of a self-propelled or towed motor vehicle transporting no hazardous material other than
materials of trade, as defined in Code of Federal Regulations, title 49, section 171.8, new text begin when
engaged in intrastate transportation, new text end must be at least 18 years of age. This subdivision
does not apply unless the transportation conforms to the requirements of Code of Federal
Regulations, title 49, section 173.6.

Sec. 12.

Minnesota Statutes 2006, section 221.037, subdivision 1, is amended to read:

Subdivision 1.

Required to provide information.

A person who generates, stores,
treats, transports, disposes of, or otherwise handles or has handled hazardous materials,
hazardous substances, or hazardous waste shall (1) give to transportation representatives
and hazardous material specialists of the department information relating to the materials,
substances, or waste, or (2) permit them access to and copying of records new text begin and safety
permits new text end relating to new text begin any or all of new text end the materials, substances, or waste deleted text begin , or both deleted text end .

Sec. 13.

Minnesota Statutes 2006, section 221.231, is amended to read:

221.231 RECIPROCAL AGREEMENT.

The commissioner may enter into reciprocal agreements with the regulatory bodies
of other states and the provinces of the Dominion of Canada deleted text begin , whereby the payment of the
fees provided in section 221.60 may be waived in whole or in part for deleted text end new text begin regarding new text end motor
carriers having an established place of business in that state or province; provided that
reciprocal privileges are extended under the agreement to motor carriers of this state.

Sec. 14.

Minnesota Statutes 2006, section 221.60, subdivision 1, is amended to read:

Subdivision 1.

Procedure.

A motor carrier may transport persons or property for
hire in interstate commerce in Minnesota only if it first deleted text begin :
deleted text end

deleted text begin (1) deleted text end complies with deleted text begin section 221.141; deleted text end

deleted text begin (2) either registers with the commissioner the federal operating authority that it
intends to exercise, or registers and describes the transportation it performs under an
exemption contained in United States Code, title 49; and
deleted text end

deleted text begin (3) purchases an interstate identification stamp or an interstate registration trip
permit for each vehicle to be used in interstate transportation in Minnesota deleted text end new text begin the Unified
Carrier Registration Agreement authorized by United States Code, title 49, section
14504a, enacted pursuant to the Unified Carrier Registration Act of 2005, and the federal
regulations adopted thereunder new text end .

Sec. 15.

Minnesota Statutes 2006, section 221.60, is amended by adding a subdivision
to read:

new text begin Subd. 7. new text end

new text begin Commissioner's authority. new text end

new text begin The commissioner of transportation shall
take all necessary actions to enter into the Unified Carrier Registration Agreement when
it becomes effective. The commissioner shall implement and administer United States
Code, title 49, section 14504a, and the regulations adopted thereunder.
new text end

Sec. 16. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2006, sections 221.60, subdivisions 2, 3, and 3a; 221.601; and
221.602, new text end new text begin are repealed.
new text end