Skip to main content Skip to office menu Skip to footer
Minnesota Legislature

Office of the Revisor of Statutes

SF 1753

as introduced - 91st Legislature (2019 - 2020) Posted on 03/26/2019 04:54pm

KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers 1.1 1.2 1.3 1.4 1.5 1.6
1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17
2.18 2.19
2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 3.1 3.2
3.3 3.4

A bill for an act
relating to public safety; authorizing peace officers to issue citations based on
report from work zone flagger; prohibiting wireless communications device use
in work zones; providing penalties; amending Minnesota Statutes 2018, sections
169.06, subdivision 4a; 169.475, subdivision 3.

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

Section 1.

Minnesota Statutes 2018, section 169.06, subdivision 4a, is amended to read:


Subd. 4a.

Obedience to work zone flagger; violation, penalty.

(a) A flagger in a work
zone may stop vehicles deleted text beginanddeleted text endnew text begin,new text end hold vehicles in place deleted text beginuntil it is safe for the vehicles to proceed.
A person operating a motor vehicle that has been stopped by a flagger in a work zone may
proceed after stopping only on instruction by the flagger or a police officer
deleted text endnew text begin, and direct
vehicles to proceed when it is safe. A driver who does not comply with an instruction made
by an official traffic control device, flagger, or peace officer in a work zone under this
paragraph is guilty of a petty misdemeanor and must pay a fine of $300 in addition to the
surcharge under section 357.021, subdivision 6
new text end.

(b) A person convicted of operating a motor vehicle in violation of a speed limit in a
work zone, or any other provision of this section while in a work zone, shall be required to
pay a fine of $300. This fine is in addition to the surcharge under section 357.021, subdivision
6
.new text begin A peace officer may issue a citation to the driver of a motor vehicle if the peace officer
has probable cause to believe that the driver has operated the vehicle in violation of paragraph
(a) within the four-hour period immediately following the termination of the incident or the
receipt of a report under this paragraph. Although probable cause may be satisfied by other
evidentiary elements or factors, for purposes of this section probable cause is satisfied if
(1) the person cited is operating the vehicle described by a work zone flagger in a timely
report of the violation of this section, and (2) the work zone flagger's report includes a
description of the vehicle used to commit the offense and the vehicle's license plate number.
For the purposes of citation issuance under this paragraph, "timely" means the report must
be made within the four-hour period immediately following the termination of the incident.
new text end

(c) If a motor vehicle is operated in violation of paragraph (a), the owner of the vehicle,
or for a leased motor vehicle the lessee of the vehicle, is guilty of a petty misdemeanor and
is subject to a fine as provided in paragraph (b). The owner or lessee may not be fined under
this paragraph if (1) another person is convicted for that violation, or (2) the motor vehicle
was stolen at the time of the violation. This paragraph does not apply to a lessor of a motor
vehicle if the lessor keeps a record of the name and address of the lessee.

(d) Paragraph (c) does not prohibit or limit the prosecution of a motor vehicle operator
for violating paragraph (a).

(e) A violation under paragraph (c) does not constitute grounds for revocation or
suspension of a driver's license.

new text begin (f) A peace officer may stop and issue a citation to the driver of a motor vehicle if the
peace officer has probable cause to believe the driver has, within the last four hours, operated
the vehicle in a manner that violates paragraph (a).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to violations
that occur on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2018, section 169.475, subdivision 3, is amended to read:


Subd. 3.

Exceptions.

new text begin(a) new text endThis section does not apply if a wireless communications device
is used:

(1) solely in a voice-activated or other hands-free modenew text begin, including to access a global
positioning system or navigation system
new text end;

(2) deleted text beginfor makingdeleted text endnew text begin to makenew text end a cellular phone call;

(3) deleted text beginfor obtainingdeleted text endnew text begin to obtainnew text end emergency assistance to (i) report a traffic accident, medical
emergency, or serious traffic hazard, or (ii) prevent a crime about to be committed;

(4) in the reasonable belief that a person's life or safety is in immediate danger; or

(5) in an authorized emergency vehicle while in the performance of official duties.

new text begin (b) The exception in paragraph (a), clause (2), does not apply to a person who uses a
wireless communications device while operating a motor vehicle in a work zone. For
purposes of this paragraph, use of a wireless communications device includes using the
device for a purpose other than communication.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to violations
that occur on or after that date.
new text end