SF 1111

2nd Engrossment - 89th Legislature (2015 - 2016) Posted on 05/22/2016 12:30pm

A bill for an act
relating to transportation; requiring drivers to stop vehicles at the direction of
a school bus flagger; providing that bus driver is not subject to seat belt fines
arising out of violations by certain passengers; amending Minnesota Statutes
2014, sections 169.444, subdivisions 2, 7, by adding subdivisions; 169.686,
subdivision 1.

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

Section 1.

Minnesota Statutes 2014, section 169.444, is amended by adding a
subdivision to read:

new text begin Subd. 1b. new text end

new text begin Obedience to school bus flagger. new text end

new text begin A person may stop and hold vehicles in
place at a location on a street or highway with a posted speed limit of 35 miles per hour
or less until it is safe for the vehicles to proceed, if the person is: (1) designated by the
school district's transportation safety director to act as a flagger; and (2) controlling traffic
in order to enable one or more school buses to safely leave school property and enter the
adjacent street or highway or to safely enter school property from the adjacent street or
highway. A person operating a motor vehicle that has been stopped by a school bus flagger
may proceed after stopping only on instruction by the flagger or a police officer.
new text end

Sec. 2.

Minnesota Statutes 2014, section 169.444, is amended by adding a subdivision
to read:

new text begin Subd. 1c. new text end

new text begin Safety and equipment standards. new text end

new text begin The commissioner of public safety
must establish safety and equipment standards, including but not limited to necessary
training safety equipment and high-visibility safety apparel, for a person designated to
perform school bus flagging.
new text end

Sec. 3.

Minnesota Statutes 2014, section 169.444, subdivision 2, is amended to read:

Subd. 2.

Violations by drivers; penalties.

(a) new text begin A person who fails to stop a vehicle
or to keep it stopped, as required in subdivision 1b, is guilty of a petty misdemeanor.
new text end

new text begin (b) new text end A person who fails to stop a vehicle or to keep it stopped, as required in
subdivision 1, or who violates subdivision 1a, is guilty of a misdemeanor punishable
by a fine of not less than $300.

deleted text begin (b) deleted text end new text begin (c) new text end A person is guilty of a gross misdemeanor if the person fails to stop a motor
vehicle or to keep it stopped, as required in subdivision 1, or who violates subdivision 1a,
and commits either or both of the following acts:

(1) passes or attempts to pass the school bus in a motor vehicle on the right-hand,
passenger-door side of the bus; or

(2) passes or attempts to pass the school bus in a motor vehicle when a school child is
outside of and on the street or highway used by the school bus or on the adjacent sidewalk.

Sec. 4.

Minnesota Statutes 2014, section 169.444, subdivision 7, is amended to read:

Subd. 7.

Evidentiary presumption.

(a) There is a rebuttable presumption that
signals described in section 169.442 were in working order and operable when a violation
of subdivision 1, 1a, 2, or 5 was allegedly committed, if the signals of the applicable
school bus were inspected and visually found to be in working order and operable within
12 hours preceding the incident giving rise to the violation.

(b) There is a rebuttable presumption that a motor vehicle outwardly equipped and
identified as a school bus satisfies all of the identification and equipment requirements
of section 169.441 when a violation of subdivision 1, 1a, new text begin 1b, new text end 2, or 5 was allegedly
committed, if the applicable school bus bears a current inspection certificate issued under
section 169.451.

Sec. 5.

Minnesota Statutes 2014, section 169.686, subdivision 1, is amended to read:

Subdivision 1.

Seat belt requirement.

(a) Except as provided in section 169.685, a
properly adjusted and fastened seat belt, including both the shoulder and lap belt when the
vehicle is so equipped, shall be worn by the driver and passengers of a passenger vehicle,
commercial motor vehicle, type III vehicle, and type III Head Start vehicle.

(b) A person who is 15 years of age or older and who violates paragraph (a) is
subject to a fine of $25. The driver of the vehicle in which a violation occurs is subject to
a $25 fine for each violation of paragraph (a) by the driver or by a passenger under the
age of 15, but the court may not impose more than one surcharge under section 357.021,
subdivision 6, on the driver. The Department of Public Safety shall not record a violation
of this subdivision on a person's driving record.

new text begin (c) The driver of a bus is not subject to the fine under paragraph (b) for a violation of
paragraph (a) by a passenger under the age of 15. This paragraph does not apply to (1)
a school bus, including a type III vehicle; and (2) a Head Start bus, including a type III
Head Start vehicle.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment,
and applies to violations committed on or after that date.
new text end