SF 3024

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to traffic regulations; conforming state open 
  1.3             bottle law to federal law; allowing exception to 
  1.4             requirement of school bus drivers to activate school 
  1.5             bus stop signals; adopting federal odometer 
  1.6             regulations; modifying provisions to conform to 
  1.7             federal standards for emergency vehicle siren; making 
  1.8             clarifying changes; amending Minnesota Statutes 1998, 
  1.9             sections 169.122, subdivisions 1, 2, and 3; 169.443, 
  1.10            subdivision 3; 169.68; and 325E.15; repealing 
  1.11            Minnesota Rules, parts 7402.0100; 7402.0200; 
  1.12            7402.0300; 7402.0400; and 7402.0500. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14     Section 1.  Minnesota Statutes 1998, section 169.122, 
  1.15  subdivision 1, is amended to read: 
  1.16     Subdivision 1.  [ACT PROHIBITED.] No person shall drink or 
  1.17  consume intoxicating liquors an alcoholic beverage, distilled 
  1.18  spirit, or 3.2 percent malt liquors liquor in any motor vehicle 
  1.19  when such the vehicle is upon a public highway.  
  1.20     Sec. 2.  Minnesota Statutes 1998, section 169.122, 
  1.21  subdivision 2, is amended to read: 
  1.22     Subd. 2.  [POSSESSION PROHIBITED.] (a) No person shall have 
  1.23  in possession while in a private motor vehicle upon a public 
  1.24  highway, any bottle or receptacle containing intoxicating liquor 
  1.25  an alcoholic beverage, distilled spirit, or 3.2 percent malt 
  1.26  liquor which that has been opened, or the seal broken, or the 
  1.27  contents of which have been partially removed.  
  1.28     (b) For purposes of this section, "possession" means either 
  1.29  that the person had actual possession of the bottle or 
  2.1   receptacle or that the person consciously exercised dominion and 
  2.2   control over the bottle or receptacle.  This subdivision does 
  2.3   not apply to a bottle or receptacle that is in the trunk of the 
  2.4   vehicle if it is equipped with a trunk, or that is in another 
  2.5   area of the vehicle not normally occupied by the driver and 
  2.6   passengers if the vehicle is not equipped with a trunk. 
  2.7      Sec. 3.  Minnesota Statutes 1998, section 169.122, 
  2.8   subdivision 3, is amended to read: 
  2.9      Subd. 3.  [LIABILITY OF NONPRESENT OWNER.] (a) It shall be 
  2.10  is unlawful for the owner of any private motor vehicle or the 
  2.11  driver, if the owner be is not then present in the motor 
  2.12  vehicle, to keep or allow to be kept in a motor vehicle 
  2.13  when such the vehicle is upon the public highway any bottle or 
  2.14  receptacle containing intoxicating liquors an alcoholic 
  2.15  beverage, distilled spirit, or 3.2 percent malt liquors which 
  2.16  liquor that has been opened, or the seal broken, or the contents 
  2.17  of which have been partially removed except when such.  
  2.18     (b) This subdivision does not apply to a bottle or 
  2.19  receptacle shall be kept that is in the trunk of the motor 
  2.20  vehicle when such the vehicle is equipped with a trunk, or kept 
  2.21  that is in some other area of the vehicle not normally occupied 
  2.22  by the driver or passengers, if the motor vehicle is not 
  2.23  equipped with a trunk.  
  2.24     (c) A utility compartment or glove compartment shall be is 
  2.25  deemed to be within the area occupied by the driver and 
  2.26  passengers. 
  2.27     Sec. 4.  Minnesota Statutes 1998, section 169.443, 
  2.28  subdivision 3, is amended to read: 
  2.29     Subd. 3.  [WHEN SIGNALS NOT USED.] School bus drivers shall 
  2.30  not activate the prewarning flashing amber signals or flashing 
  2.31  red signals and shall not use the stop arm signal: 
  2.32     (1) in special school bus loading areas where the bus is 
  2.33  entirely off the traveled portion of the roadway and where no 
  2.34  other motor vehicle traffic is moving or is likely to be moving 
  2.35  within 20 feet of the bus; 
  2.36     (2) when directed not to do so, in writing, by the local 
  3.1   school board; 
  3.2      (3) when a school bus is being used on a street or highway 
  3.3   for purposes other than the actual transportation of school 
  3.4   children to or from school or a school-approved activity, except 
  3.5   as provided in subdivision 8; 
  3.6      (4) at railroad grade crossings; and 
  3.7      (5) when loading and unloading people school children at 
  3.8   designated school bus stops where school children are not 
  3.9   required to cross the street or highway, while the bus is 
  3.10  completely off the traveled portion of a separated, one-way 
  3.11  roadway that has adequate shoulders.  The driver shall drive the 
  3.12  bus completely off the traveled portion of this roadway before 
  3.13  loading or unloading people school children. 
  3.14     Sec. 5.  Minnesota Statutes 1998, section 169.68, is 
  3.15  amended to read: 
  3.16     169.68 [HORN, SIREN.] 
  3.17     (a) Every motor vehicle when operated upon a highway shall 
  3.18  must be equipped with a horn in good working order and capable 
  3.19  of emitting sound audible under normal conditions from a 
  3.20  distance of not less than 200 feet, but no.  However, the horn 
  3.21  or other warning device shall must not emit an unreasonably loud 
  3.22  or harsh sound or a whistle.  The driver of a motor vehicle 
  3.23  shall, when reasonably necessary to insure safe operation, give 
  3.24  audible warning with the horn, but shall not otherwise use such 
  3.25  the horn when upon a highway. 
  3.26     No (b) A vehicle shall must not be equipped with, nor 
  3.27  shall any and a person shall not use upon a vehicle, any siren, 
  3.28  whistle, or bell, except as otherwise permitted in this section. 
  3.29     (c) It is permissible, but not required, that for any 
  3.30  commercial vehicle to be equipped with a theft alarm signal 
  3.31  device which is, so arranged that it cannot be used by the 
  3.32  driver as an ordinary warning signal.  
  3.33     (d) All authorized emergency vehicles shall must be 
  3.34  equipped with a siren capable of emitting sound audible under 
  3.35  normal conditions from a distance of not less than 500 feet and 
  3.36  of a type approved by the department of public safety, but 
  4.1   such conforming to the federal certification standards for 
  4.2   sirens, as determined by the General Services Administration.  
  4.3   However, the siren shall must not be used except when such the 
  4.4   vehicle is operated in response to an emergency call or in the 
  4.5   immediate pursuit of an actual or suspected violator of the law, 
  4.6   in which latter events the driver of such the vehicle shall 
  4.7   sound the siren when necessary to warn pedestrians and other 
  4.8   drivers of the vehicle's approach thereof. 
  4.9      Sec. 6.  Minnesota Statutes 1998, section 325E.15, is 
  4.10  amended to read: 
  4.11     325E.15 [TRANSFER OF MOTOR VEHICLE; MILEAGE DISCLOSURE.] 
  4.12     No person shall transfer a motor vehicle without disclosing 
  4.13  in writing to the transferee the true mileage registered on the 
  4.14  odometer reading or that the actual mileage is unknown if the 
  4.15  odometer reading is known by the transferor to be different from 
  4.16  the true mileage.  The registrar of motor vehicles shall adopt, 
  4.17  pursuant to the Administrative Procedure Act, rules not 
  4.18  inconsistent with sections 325E.13 to 325E.16 or regulations 
  4.19  contained in Code of Federal Regulations, title 49, sections 
  4.20  580.1 to 580.17, as amended through October 1, 1998, 
  4.21  implementing Title IV of the Federal Motor Vehicle Information 
  4.22  and Cost Savings Act or any rules promulgated thereunder 
  4.23  prescribing prescribe the manner in which such written 
  4.24  disclosure shall must be made in this state and are adopted by 
  4.25  reference.  No transferor shall violate any rules regulations 
  4.26  adopted under this section or knowingly give a false statement 
  4.27  to a transferee in making any disclosure required by such rules 
  4.28  the regulations. 
  4.29     Sec. 7.  [REPEALER.] 
  4.30     Minnesota Rules, parts 7402.0100; 7402.0200; 7402.0300; 
  4.31  7402.0400; and 7402.0500, are repealed. 
  4.32     Sec. 8.  [EFFECTIVE DATE.] 
  4.33     Sections 1 to 3 are effective August 1, 2000, for offenses 
  4.34  committed after July 31, 2000.