SF 2425

2nd Engrossment - 88th Legislature (2013 - 2014) Posted on 04/08/2014 01:33pm

A bill for an act
relating to public safety; traffic regulations; modifying traffic laws in work zones;
amending Minnesota Statutes 2012, sections 169.011, by adding a subdivision;
169.06, subdivision 4, by adding a subdivision; 169.14, subdivision 5d, by
adding a subdivision.

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

Section 1.

Minnesota Statutes 2012, section 169.011, is amended by adding a
subdivision to read:

new text begin Subd. 95. new text end

new text begin Work zone. new text end

new text begin "Work zone" means a segment of street or highway for which:
new text end

new text begin (1) a road authority or its agent is constructing, reconstructing, or maintaining the
physical structure of the roadway, which may include but is not limited to shoulders,
features adjacent to the roadway, and utilities and highway appurtenances, whether
underground or overhead; and
new text end

new text begin (2) any of the following applies:
new text end

new text begin (i) official traffic-control devices that indicate the segment of street or highway under
construction, reconstruction, or maintenance, are erected;
new text end

new text begin (ii) one or more lanes of traffic are closed;
new text end

new text begin (iii) a flagger under section 169.06, subdivision 4a, is present;
new text end

new text begin (iv) a construction zone speed limit under section 169.14, subdivision 4, is
established; or
new text end

new text begin (v) a workers present speed limit under section 169.14, subdivision 5d, is in effect.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2014.
new text end

Sec. 2.

Minnesota Statutes 2012, section 169.06, subdivision 4, is amended to read:

Subd. 4.

Obedience to traffic-control signal or deleted text begin flagger deleted text end new text begin authorized persons new text end ;
presumptions.

(a) The driver of any vehicle shall obey the instructions of any official
traffic-control device applicable thereto placed in accordance with the provisions of this
chapter, unless otherwise directed by a police officer or by a flagger authorized under this
subdivision, subject to the exceptions granted the driver of an authorized emergency
vehicle in this chapter.

(b) No provision of this chapter for which official traffic-control devices are required
shall be enforced against an alleged violator if at the time and place of the alleged
violation an official device is not in proper position and sufficiently legible to be seen by
an ordinarily observant person. Whenever a particular section does not state that official
traffic-control devices are required, such section shall be effective even though no devices
are erected or in place.

(c) Whenever official traffic-control devices are placed in position approximately
conforming to the requirements of this chapter, such devices shall be presumed to have
been so placed by the official act or direction of lawful authority, unless the contrary
shall be established by competent evidence.

(d) Any official traffic-control device placed pursuant to the provisions of this
chapter and purporting to conform to the lawful requirements pertaining to such devices
shall be presumed to comply with the requirements of this chapter, unless the contrary
shall be established by competent evidence.

(e) deleted text begin A flagger in a designated work zone may stop vehicles and hold vehicles in place
until it is safe for the vehicles to proceed. A person operating a motor vehicle that has
been stopped by a flagger in a designated work zone may proceed after stopping only on
instruction by the flagger.
deleted text end

deleted text begin (f) deleted text end An overdimensional load escort driver with a certificate issued under section
299D.085, while acting as a flagger escorting a legal overdimensional load, may stop
vehicles and hold vehicles in place until it is safe for the vehicles to proceed. A person
operating a motor vehicle that has been stopped by an escort driver acting as a flagger may
proceed only on instruction by the flagger or a police officer.

deleted text begin (g) deleted text end new text begin (f) new text end A person may stop and hold vehicles in place until it is safe for the vehicles to
proceed, if the person: (1) holds a motorcycle road guard certificate issued under section
171.60; (2) meets the safety and equipment standards for operating under the certificate;
(3) is acting as a flagger escorting a motorcycle group ride; (4) has notified each statutory
or home rule charter city through which the motorcycle group is proceeding; and (5)
has obtained consent from the chief of police, or the chief's designee, of any city of the
first class through which the group is proceeding. A flagger operating as provided under
this paragraph may direct operators of motorcycles within a motorcycle group ride or
other vehicle traffic, notwithstanding any contrary indication of a traffic-control device,
including stop signs or traffic-control signals. A person operating a vehicle that has been
stopped by a flagger under this paragraph may proceed only on instruction by the flagger
or a police officer.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2014.
new text end

Sec. 3.

Minnesota Statutes 2012, section 169.06, is amended by adding a subdivision
to read:

new text begin Subd. 4a. new text end

new text begin Obedience to work zone flagger; violation, penalty. new text end

new text begin (a) A flagger in a
work zone may stop vehicles and hold vehicles in place 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.
new text end

new text begin (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 end

new text begin (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.
new text end

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

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2014, and applies to
violations committed on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2012, section 169.14, subdivision 5d, is amended to read:

Subd. 5d.

Speed deleted text begin zoning deleted text end new text begin limit new text end in work zone deleted text begin ; surcharge deleted text end new text begin when workers present new text end .

(a) new text begin Notwithstanding subdivision 2 and subject to subdivision 3, the speed limit on a
road having an established speed limit of 50 miles per hour or greater is adjusted to 45
miles per hour in a work zone when (1) at least one lane or portion of a lane of traffic is
closed in either direction, and (2) workers are present. A speed in excess of the adjusted
speed limit is unlawful.
new text end

new text begin (b) Paragraph (a) does not apply to a segment of road in which:
new text end

new text begin (1) positive barriers are placed between workers and the traveled portion of the
highway;
new text end

new text begin (2) the work zone is in place for less than 24 hours;
new text end

new text begin (3) a different speed limit for the work zone is determined by the road authority
following an engineering and traffic investigation and based on accepted engineering
practice; or
new text end

new text begin (4) a different speed limit for the work zone is established by the road authority
under paragraph (c).
new text end

new text begin (c) new text end The commissioner, on trunk highways and temporary trunk highways, and
local authorities, on streets and highways under their jurisdiction, may authorize the use
of reduced maximum speed limits in deleted text begin highway deleted text end work zones deleted text begin . The commissioner or local
authority is not required to conduct deleted text end new text begin when workers are present, without new text end an engineering and
traffic investigation deleted text begin before authorizing a reduced speed limit in a highway work zone
deleted text end new text begin required new text end . new text begin The work zone speed limit must not reduce the speed limit on the affected
street or highway by more than:
new text end

deleted text begin (b) The minimum highway work zone speed limit is 20 miles per hour. The work
zone speed limit must not reduce the established speed limit on the affected street or
highway by more than 15 miles per hour, except that the highway work zone speed limit
must not exceed 40 miles per hour. The commissioner or local authority shall post the limits
of the work zone. Highway work zone speed limits are effective on erection of appropriate
regulatory speed limit signs. The signs must be removed or covered when they are not
required. A speed greater than the posted highway work zone speed limit is unlawful.
deleted text end

deleted text begin (c) Notwithstanding paragraph (b), on divided highways the commissioner or local
authority may establish a highway work zone speed limit that does not exceed 55 miles
per hour.
deleted text end

deleted text begin (d) Notwithstanding paragraph (b), on two-lane highways having one lane for
each direction of travel with a posted speed limit of 60 miles per hour or greater, the
commissioner or local authority may establish a highway work zone speed limit that
does not exceed 40 miles per hour.
deleted text end

deleted text begin (e) For purposes of this subdivision, "highway work zone" means a segment of
highway or street where a road authority or its agent is constructing, reconstructing, or
maintaining the physical structure of the roadway, its shoulders, or features adjacent to
the roadway, including underground and overhead utilities and highway appurtenances,
when workers are present.
deleted text end

deleted text begin (f) Notwithstanding section 609.0331 or 609.101 or other law to the contrary, a person
who violates a speed limit established under this subdivision, or who violates any other
provision of this section while in a highway work zone, is assessed an additional surcharge
equal to the amount of the fine imposed for the speed violation, but not less than $25.
deleted text end

new text begin (1) 20 miles per hour on a street or highway having an established speed limit of
55 miles per hour or greater; and
new text end

new text begin (2) 15 miles per hour on a street or highway having an established speed limit of
50 miles per hour or less.
new text end

new text begin (d) A work zone speed limit under paragraph (c) is effective on erection of
appropriate regulatory speed limit signs. The signs must be removed or covered when
they are not required. A speed in excess of the posted work zone speed limit is unlawful.
new text end

new text begin (e) For any speed limit under this subdivision, a road authority shall erect signs
identifying the speed limit and indicating the beginning and end of the speed limit zone.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2014, and applies to
violations committed on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2012, section 169.14, is amended by adding a subdivision
to read:

new text begin Subd. 6a. new text end

new text begin Work zone speed limit violations. new text end

new text begin 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 end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2014, and applies to
violations committed on or after that date.
new text end