SF 3264

as introduced - 86th Legislature (2009 - 2010) Posted on 03/15/2010 03:12pm

A bill for an act
relating to traffic regulations; authorizing Department of Transportation to tow
vehicles within metropolitan district; amending Minnesota Statutes 2008, section
169.041, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2008, section 169.041, is amended by adding a
subdivision to read:

Subd. 8.

Quick clearance.

(a) Within the Department of Transportation's
eight-county metropolitan district, the Department of Transportation, in cooperation with
the State Patrol and private towing or recovery companies authorized by the state, may
move, remove, or cause to remove vehicles, debris, personal property, and cargo that
block or aggravate an emergency on the roadway, interstate highway, parkway, on-ramp,
or off-ramp following a collision, accident, or spilled load.

(b) Notwithstanding subdivision 7, any state or local law enforcement officer,
Department of Transportation employee, or person or firm acting as directed by the State
Patrol who contracts or assists in removing or disposing the vehicle, cargo, or other
personal property is not liable for any damage or economic loss related to carrying out or
enforcing this section unless the damage or economic loss is caused by willful misconduct
on the part of that officer, employee, person, or firm.

(c) The State Patrol shall make a reasonable effort to contact the carrier before
undertaking action under this subdivision.

(d) The department shall make a reasonable effort to allow the owner of the vehicle
to arrange for its removal and shall give due consideration to having the vehicle towed by
a licensed towing service capable of safely moving the vehicle in question.