SF 1098

as introduced - 87th Legislature (2011 - 2012) Posted on 02/23/2012 09:59am

A bill for an act
relating to traffic regulations; modifying provision authorizing use of highway
shoulder by buses; amending Minnesota Statutes 2010, section 169.306.

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

Section 1.

Minnesota Statutes 2010, section 169.306, is amended to read:

169.306 USE OF SHOULDERS BY BUSES.

(a) deleted text begin The commissioner of transportation deleted text end new text begin A road authority, as defined in section
160.02, subdivision 25, new text end is authorized to permit deleted text begin the use by deleted text end transit buses and Metro Mobility
buses new text begin the use new text end of a shoulder, as designated by the deleted text begin commissioner deleted text end new text begin road authority new text end , of a
freeway or expressway, as defined in section 160.02, in Minnesota.

(b) If deleted text begin the commissioner deleted text end new text begin a road authority new text end permits the use of a freeway or expressway
shoulder by transit buses, the deleted text begin commissioner deleted text end new text begin road authority new text end shall permit the use on that
shoulder of a bus (1) with a seating capacity of 40 passengers or more operated by a motor
carrier of passengers, as defined in section 221.012, subdivision 26, while operating in
intrastate commerce or (2) providing regular route transit service, as defined in section
174.22, subdivision 8, or Metro Mobility services, and operated by or under contract
with the Metropolitan Council, a local transit authority, or a transit authority created by
the legislature. Drivers of these buses must have adequate training in the requirements of
paragraph (c), as determined by the commissioner.

(c) Buses authorized to use the shoulder under this section may be operated on
the shoulder only when main-line traffic speeds are less than 35 miles per hour new text begin , except
as provided for in paragraph (f) new text end . Drivers of buses being operated on the shoulder may
not exceed the speed of main-line traffic by more than 15 miles per hour and may never
exceed 35 miles per hour new text begin , except as provided for in paragraph (f) new text end . Drivers of buses being
operated on the shoulder must yield to merging, entering, and exiting traffic and must yield
to other vehicles on the shoulder. Buses operated on the shoulder must be registered with
the Department of Transportation.

(d) For the purposes of this section, the term "Metro Mobility bus" means a motor
vehicle of not less than 20 feet in length engaged in providing special transportation
services under section 473.386 that is:

(1) operated by or under contract with a public or private entity receiving financial
assistance to provide transit services from the Metropolitan Council or the commissioner
of transportation; and

(2) authorized by deleted text begin the commissioner deleted text end new text begin a road authority new text end to use freeway or expressway
shoulders.

(e) This section does not apply to the operation of buses on dynamic shoulder lanes.

new text begin (f) The commissioner may authorize different operating conditions and maximum
speeds, not to exceed the posted speed limit, based upon an engineering study and
recommendation by the road authority. The engineering study must be conducted by the
road authority and must conform with the manual and specifications adopted under section
169.06, subdivision 1, and applicable state and federal standards. The road authority shall
consult the public transit operator before recommending operating conditions different
from those authorized by law.
new text end