Minnesota Legislature
SF 2499
as introduced - 87th Legislature (2011 - 2012) Posted on 03/20/2012 09:01am
Current Version - as introduced
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A bill for an act
relating to transportation; clarifying authority of civilian escort drivers and
licensed protective agents to escort oversized loads; amending Minnesota
Statutes 2010, sections 169.06, subdivision 4; 169.86, subdivision 3b; 299D.085,
subdivisions 2, 3, by adding a subdivision; 326.338, subdivision 4.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2010, section 169.06, subdivision 4, is amended to read:
Subd. 4.
Obedience to traffic-control signal or flagger; 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 certified overdimensional load escort driver,
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) 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.
(f) new text begin A civilian escort driver or new 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.
Sec. 2.
Minnesota Statutes 2010, section 169.86, subdivision 3b, is amended to read:
Subd. 3b.
Escort vehicles.
The commissioner or local authority shall specify in
the permit:
(1) the minimum number of escort vehicles required to escort the overdimensional
load; and
(2) whether the operators of the escort vehicles must be certified licensed peace
officers or may be overdimensional load escort drivers who hold a current certificate under
section 299D.085deleted text begin .deleted text end new text begin or may be civilian escort drivers, as defined in section 299D.085,
subdivision 6. However, the commissioner or local authority shall specify only certified
licensed peace officers as escort drivers when the transportation will involve lengthy
traffic stoppages or other dangerous situations within the judgment of the commissioner
or local authority.
new text end
Sec. 3.
Minnesota Statutes 2010, section 299D.085, subdivision 2, is amended to read:
Subd. 2.
Certificate.
new text begin Except as provided in subdivision 6, new text end no person may operate
as an overdimensional load escort driver in this state without a certificate issued by the
commissioner, or by a state with which the commissioner has entered into a reciprocal
agreement. The commissioner shall assess a fee for each certificate applicant, calculated
to cover the commissioner's cost of establishing and administering the program.
Sec. 4.
Minnesota Statutes 2010, section 299D.085, subdivision 3, is amended to read:
Subd. 3.
Qualifications.
new text begin Except as provided in subdivision 6, new text end to obtain a certificate
to operate as an overdimensional load escort driver, a person must be a minimum
of 18 years of age, possess a valid operator's license for the type of vehicle being
operated, successfully complete an escort driver certification course developed by the
commissioner and offered by the commissioner or authorized agents, and meet all
additional requirements, including vehicle and safety equipment standards specified by
the commissioner.
Sec. 5.
Minnesota Statutes 2010, section 299D.085, is amended by adding a
subdivision to read:
new text begin Subd. 6. new text end
new text begin Exemption for civilian escort drivers. new text end
new text begin
A "civilian escort driver" is a
person who is a minimum of 18 years of age, possesses a valid operator's license for the
type of vehicle being operated, and meets vehicle and safety equipment standards specified
by the commissioner. A civilian escort driver may operate as an overdimensional load
escort driver only when the overdimensional load vehicle does not extend over a roadway
centerline and will not travel the wrong way on a roadway.
new text end
Sec. 6.
Minnesota Statutes 2010, section 326.338, subdivision 4, is amended to read:
Subd. 4.
Protective agent.
A person who for a fee, reward, or other valuable
consideration undertakes any of the following acts is considered to be engaged in the
business of protective agent:
(1) providing guards, private patrol, or other security personnel to protect persons or
their property or to prevent the theft, unlawful taking of goods, merchandise, or money, or
to prevent the misappropriation or concealment of goods, merchandise, money, or other
valuable things, or to procure the return of those things;
(2) physically responding to any alarm signal device, burglar alarm, television
camera, still camera, or a mechanical or electronic device installed or used to prevent or
detect burglary, theft, shoplifting, pilferage, losses, or other security measures;
(3) providing armored car services for the protection of persons or property;
(4) controlling motor traffic on public streets, roads, and highways for the purpose
of escorting a funeral procession and oversized loads; or
(5) providing management and control of crowds for the purpose of safety and
protection.
A person covered by this subdivision may perform the traffic-control duties in
clause (4) in place of a deleted text begin policedeleted text end new text begin peacenew text end officer when a special permit is required, provided
that the protective agent is first-aid qualifieddeleted text begin .deleted text end new text begin and certified under section 299D.085. A
special permit may not be denied or withheld because the traffic control duties in clause
(4) will be performed by a licensed protective agent rather than a peace officer. The
commissioner of transportation and the commissioner of public safety may not adopt a
rule or regulation that either directly or indirectly bars licensed protective agents from
performing the traffic control duties in clause (4).
new text end