Minnesota Session Laws - 1993, Regular Session

  
    Laws of Minnesota 1993 

                         CHAPTER 78-H.F.No. 57 
           An act relating to traffic regulations; making 
          technical corrections; clarifying situations when 
          certain school bus signals should not be used; 
          providing evidentiary presumption regarding school 
          buses; clarifying definition of special transportation 
          as not including transportation of children by school 
          bus; limiting weight of vehicles that may be towed by 
          holder of class B driver's license; providing for 
          revocation of school bus driver endorsement; amending 
          Minnesota Statutes 1992, sections 169.443, subdivision 
          3; 169.444, subdivision 7; 171.01, subdivision 24; 
          171.02, subdivision 2; and 171.17, subdivision 1. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1992, section 169.443, 
subdivision 3, is amended to read: 
    Subd. 3.  [WHEN SIGNALS NOT USED.] School bus drivers shall 
not activate the prewarning flashing amber signals or flashing 
red signals and shall not use the stop arm signal: 
    (1) in special school bus loading areas where the bus is 
entirely off the traveled portion of the roadway and where no 
other motor vehicle traffic is moving or is likely to be moving 
within 20 feet of the bus; 
    (2) in residential residence districts or business 
districts, as defined in section 169.01, of home rule or 
statutory cities when directed not to do so by the local school 
administrator; 
    (3) when a school bus is being used on a street or highway 
for purposes other than the actual transportation of school 
children to or from school or a school-approved activity, except 
as provided in subdivision 8; 
    (4) at railroad grade crossings; and 
    (5) when loading and unloading people while the bus is 
completely off the traveled portion of a separated, one-way 
roadway that has adequate shoulders.  The driver shall drive the 
bus completely off the traveled portion of this roadway before 
loading or unloading people. 
    Sec. 2.  Minnesota Statutes 1992, section 169.444, 
subdivision 7, is amended to read: 
    Subd. 7.  [EVIDENTIARY PRESUMPTION PRESUMPTIONS.] (a) There 
is a rebuttable presumption that signals described in section 
169.442 were in working order and operable when a violation of 
subdivision 1, 2, or 5 was allegedly committed, if the signals 
of the applicable school bus were inspected and visually found 
to be in working order and operable within 12 hours preceding 
the incident giving rise to the violation. 
    (b) There is a rebuttable presumption that a motor vehicle 
outwardly equipped and identified as a school bus satisfies all 
of the identification and equipment requirements of section 
169.441 when a violation of subdivision 1, 2, or 5 was allegedly 
committed, if the applicable school bus bears a current 
inspection certificate issued under section 169.451. 
    Sec. 3.  Minnesota Statutes 1992, section 171.01, 
subdivision 24, is amended to read: 
    Subd. 24.  [SPECIAL TRANSPORTATION SERVICE.] (a) "Special 
transportation service" means motor vehicle transportation 
provided on a regular basis by a public or private entity or 
person that is designed primarily to serve individuals who are 
elderly, handicapped, or disabled and who are unable to use 
regular means of transportation but do not require ambulance 
service, as defined in section 144.801, subdivision 4.  
    (b) Special transportation service includes but is not 
limited to service provided by specially equipped buses, vans, 
and taxis.  
    (c) Special transportation service does not include: 
    (1) transportation provided by a volunteer driver using a 
private passenger vehicle that belongs to the volunteer; and 
    (2) services exempted in section 174.30, subdivision 1, 
clause (c). 
    Sec. 4.  Minnesota Statutes 1992, section 171.02, 
subdivision 2, is amended to read: 
    Subd. 2.  [DRIVER'S LICENSE CLASSIFICATIONS, ENDORSEMENTS, 
EXEMPTIONS.] Drivers' licenses shall be classified according to 
the types of vehicles which may be driven by the holder of each 
type or class of license.  The commissioner may, as appropriate, 
subdivide the classes listed in this subdivision and issue 
licenses classified accordingly.  No class of license shall be 
valid to operate a motorcycle, school bus, special 
transportation service vehicle, tank vehicle, double-trailer or 
triple-trailer combination, vehicle transporting hazardous 
materials, or bus, unless so endorsed.  There shall be four 
general classes of licenses as follows: 
    (a) Class C; valid for: 
    (1) all farm trucks operated by (i) the owner, (ii) an 
immediate family member of the owner, (iii) an employee of the 
owner not primarily employed to operate the farm truck, within 
150 miles of the farm, or (iv) an employee of the owner employed 
during harvest to operate the farm truck for the first, 
continuous transportation of agricultural products from the 
production site or on-farm storage site to any other location 
within 50 miles of that site; 
    (2) fire trucks and emergency fire equipment, whether or 
not in excess of 26,000 pounds gross vehicle weight, operated by 
a firefighter while on duty, or a tiller operator employed by a 
fire department who drives the rear portion of a midmount aerial 
ladder truck; 
     (3) recreational equipment as defined in section 168.011, 
subdivision 25, that is operated for personal use; and 
     (4) all single unit vehicles except vehicles with a gross 
vehicle weight of more than 26,000 pounds, vehicles designed to 
carry more than 15 passengers including the driver, and vehicles 
that carry hazardous materials; and 
      (5) with a special transportation service vehicle 
endorsement, operating a motor vehicle providing special 
transportation service. 
     The holder of a class C license may also tow vehicles if 
the combination of vehicles has a gross vehicle weight of 26,000 
pounds or less. 
     (b) Class CC; valid for:  
     (1) operating class C vehicles; 
     (2) with a hazardous materials endorsement, transporting 
hazardous materials in class C vehicles; and 
     (3) with a school bus endorsement, operating school buses 
designed to transport 15 or fewer passengers, including the 
driver. 
    (c) Class B; valid for all vehicles in class C, class CC, 
and all other single unit vehicles including, with a passenger 
endorsement, buses.  The holder of a class B license may tow 
only vehicles with a gross vehicle weight of 10,000 pounds or 
less. 
    (d) Class A; valid for any vehicle or combination thereof. 
    Sec. 5.  Minnesota Statutes 1992, section 171.17, 
subdivision 1, is amended to read: 
    Subdivision 1.  [OFFENSES.] (a) The department shall 
immediately revoke the license of a driver upon receiving a 
record of the driver's conviction of: 
    (1) manslaughter resulting from the operation of a motor 
vehicle or criminal vehicular homicide or injury under section 
609.21; 
    (2) a violation of section 169.121 or 609.487; 
    (3) a felony in the commission of which a motor vehicle was 
used; 
    (4) failure to stop and disclose identity and render aid, 
as required under section 169.09, in the event of a motor 
vehicle accident, resulting in the death or personal injury of 
another; 
    (5) perjury or the making of a false affidavit or statement 
to the department under any law relating to the ownership or 
operation of a motor vehicle; 
    (6) except as this section otherwise provides, conviction, 
plea of guilty, or forfeiture of bail not vacated, upon three 
charges of violating, within a period of 12 months, any of the 
provisions of chapter 169 or of the rules or municipal 
ordinances enacted in conformance with chapter 169, for which 
the accused may be punished upon conviction by imprisonment; 
    (7) conviction of two or more violations, within five 
years, of the misdemeanor offense described in section 169.444, 
subdivision 2, paragraph (a); 
    (8) conviction of the misdemeanor offense described in 
section 169.443, subdivision 7, or the gross misdemeanor offense 
described in section 169.444, subdivision 2, paragraph (b); or 
    (9) conviction of an offense in another state that, if 
committed in this state, would be grounds for revoking the 
driver's license. 
    (b) The department shall immediately revoke the school bus 
endorsement of a driver upon receiving a record of the driver's 
conviction of the misdemeanor offense described in section 
169.443, subdivision 7. 
     Sec. 6.  [EFFECTIVE DATE.] 
     Sections 1 to 5 are effective the day following final 
enactment. 
    Presented to the governor April 30, 1993 
    Signed by the governor May 3, 1993, 4:27 p.m.