SF 1753

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 04/01/2019 11:13am

A bill for an act
relating to public safety; authorizing peace officers to issue citations based on
report from work zone flagger; providing penalties; amending Minnesota Statutes
2018, section 169.06, subdivision 4a.

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 begin and deleted text end new text begin , new text end hold vehicles in place deleted text begin until 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 end new text begin , and direct
vehicles to proceed when it is safe 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.

(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 issue a citation to the operator of a motor vehicle if the peace
officer has probable cause to believe that the person has operated the vehicle in violation
of paragraph (a). In addition to other evidentiary elements or factors, a peace officer has
probable cause under this subdivision if:
new text end

new text begin (1) a qualified work zone flagger has provided a report of a violation of paragraph (a)
that includes a description and the license plate number of the vehicle used to commit the
offense, and the time of the incident;
new text end

new text begin (2) the person is operating the vehicle described in the report; and
new text end

new text begin (3) it is within the four-hour period following the time of the incident, as specified in
the report.
new text end

new text begin (g) A work zone flagger is qualified to provide a report under paragraph (f) if each
flagger involved in the reporting has completed training that includes information on flagging
operations, equipment, traffic laws, observation and accurate identification of motor vehicles,
and delegation of duties involving a report under paragraph (f).
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