SF 2810

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to traffic regulations; requiring motorists to move to far left of roadway
before passing road maintenance workers; amending Minnesota Statutes 2006,
section 169.18, subdivision 1, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2006, section 169.18, subdivision 1, is amended to read:

Subdivision 1.

Keep to the right.

Upon all roadways of sufficient width a vehicle
shall be driven upon the right half of the roadway, except as follows:

(1) when overtaking and passing another vehicle proceeding in the same direction
under the rules governing such movement;

(2) when the right half of a roadway is closed to traffic while under construction
or repair;

(3) upon a roadway divided into three marked lanes for traffic under the rules
applicable thereon;

(4) upon a roadway designated and signposted for one-way traffic as a one-way
roadway; deleted text begin or
deleted text end

(5) as necessary to comply with subdivision 11 when approaching an authorized
emergency vehicle parked or stopped on the roadway deleted text begin . deleted text end new text begin ; or
new text end

new text begin (6) as necessary to comply with subdivision 12 when approaching a road
maintenance or construction vehicle parked or stopped on the roadway.
new text end

Sec. 2.

Minnesota Statutes 2006, section 169.18, is amended by adding a subdivision
to read:

new text begin Subd. 12. new text end

new text begin Passing parked road maintenance or construction vehicle; citation;
probable cause. new text end

new text begin (a) When approaching and before passing a road maintenance or
construction vehicle with its warning lights activated that is parked or otherwise stopped
on or next to a street or highway having two lanes in the same direction, the driver of a
vehicle shall safely move the vehicle to the lane farthest away from the vehicle, if it
is possible to do so.
new text end

new text begin (b) When approaching and before passing a road maintenance or construction
vehicle with its warning lights activated that is parked or otherwise stopped on or next
to a street or highway having more than two lanes in the same direction, the driver of a
vehicle shall safely move the vehicle so as to leave a full lane vacant between the driver
and any lane in which the vehicle is completely or partially parked or otherwise stopped,
if it is possible to do so.
new text end

new text begin (c) 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 this subdivision within the four-hour period following the termination of the incident
or a receipt of a report under paragraph (d). The citation may be issued even though the
violation was not committed in the presence of the peace officer.
new text end

new text begin (d) Although probable cause may be otherwise satisfied by other evidentiary
elements or factors, probable cause is sufficient for purposes of this subdivision when
the person cited is operating the vehicle described by a member of the maintenance or
construction crew responding to an incident in a timely report of the violation of this
subdivision, which includes a description of the vehicle used to commit the offense
and the vehicle's license plate number. For the purposes of issuance of a citation under
paragraph (c), "timely" means that the report must be made within a four-hour period
following the termination of the incident.
new text end

new text begin (e) For purposes of paragraphs (a) and (b) only, the term "warning lights" means
flashing lights authorized for road maintenance equipment under section 169.64,
subdivision 3.
new text end