Minnesota Session Laws - 1994, Regular Session

                            CHAPTER 600-H.F.No. 2365 
                  An act relating to traffic regulations; making 
                  technical changes; removing requirement for auxiliary 
                  low beam lights to be removed or covered when snowplow 
                  blade removed; requiring seat belts for commercial 
                  motor vehicles; allowing transportation within state 
                  of raw farm and forest products exceeding maximum 
                  weight limitation by not more than ten percent; 
                  amending Minnesota Statutes 1992, sections 169.743; 
                  and 169.851, subdivision 5; Minnesota Statutes 1993 
                  Supplement, sections 169.122, subdivision 5; 169.47, 
                  subdivision 1; 169.522, subdivision 1; 169.56, 
                  subdivision 5; 169.686, subdivision 1; and 221.0314, 
                  subdivision 10. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1993 Supplement, section 
        169.122, subdivision 5, is amended to read: 
           Subd. 5.  [EXCEPTION.] This section does not apply to the 
        possession or consumption of alcoholic beverages by passengers 
        in: 
           (1) a bus operated under a charter as defined in section 
        221.011, subdivision 20; or 
           (2) a vehicle providing limousine service as defined in 
        section 168.011, subdivision 35 221.84, subdivision 1. 
           Sec. 2.  Minnesota Statutes 1993 Supplement, section 
        169.47, subdivision 1, is amended to read: 
           Subdivision 1.  [MISDEMEANOR; EXCEPTIONS.] (a) It is 
        unlawful and punishable as hereinafter provided for any person 
        to drive or for the owner to cause or knowingly permit to be 
        driven on any highway any vehicle or combination of vehicles 
        which is in such unsafe condition as to endanger any person, or 
        which does not contain those parts or is not at all times 
        equipped with such lamps and other equipment in proper condition 
        and adjustment as required in this chapter, or which is equipped 
        in any manner in violation of this chapter, or for any person to 
        do any act forbidden or fail to perform any act required under 
        this chapter. 
           (b) The provisions of this chapter with respect to 
        equipment on vehicles do not apply to implements of husbandry, 
        road machinery, or road rollers except as otherwise provided in 
        this chapter. 
           (c) For purposes of this section, a specialized vehicle 
        resembling a low-slung two-wheel trailer having a short bed or 
        platform shall be deemed to be an implement of husbandry when 
        such vehicle is used exclusively to transport implements of 
        husbandry, provided, however, that no such vehicle shall operate 
        on the highway before sunrise or after sunset unless proper 
        lighting is affixed to the implement being drawn. 
           Sec. 3.  Minnesota Statutes 1993 Supplement, section 
        169.522, subdivision 1, is amended to read: 
           Subdivision 1.  [DISPLAYING EMBLEM; RULES.] (a) All 
        animal-drawn vehicles, motorized golf carts when operated on 
        designated roadways pursuant to section 169.045, implements of 
        husbandry with load, and other machinery, including all road 
        construction machinery, which are designed for operation at a 
        speed of 25 miles per hour or less shall display a triangular 
        slow-moving vehicle emblem, except (1) when being used in actual 
        construction and maintenance work and traveling within the 
        limits of a construction area which is marked in accordance with 
        requirements of the manual of uniform traffic control devices, 
        as set forth in section 169.06, or (2) for a towed implement of 
        husbandry that is empty and that is not self-propelled, in which 
        case it may be towed at lawful speeds greater than 25 miles per 
        hour without removing the slow-moving vehicle emblem.  The 
        emblem shall consist of a fluorescent yellow-orange triangle 
        with a dark red reflective border and be mounted so as to be 
        visible from a distance of not less than 600 feet to the rear.  
        When a primary power unit towing an implement of husbandry or 
        other machinery displays a slow-moving vehicle emblem visible 
        from a distance of 600 feet to the rear, it shall not be 
        necessary to display a similar emblem on the secondary unit.  
        After January 1, 1975, all slow-moving vehicle emblems sold in 
        this state shall be so designed that when properly mounted they 
        are visible from a distance of not less than 600 feet to the 
        rear when directly in front of lawful lower beam of head lamps 
        on a motor vehicle.  The commissioner of public safety shall 
        adopt standards and specifications for the design and position 
        of mounting the slow-moving vehicle emblem.  Such standards and 
        specifications shall be adopted by rule in accordance with the 
        administrative procedure act.  A violation of this section shall 
        not be admissible evidence in any civil cause of action arising 
        prior to January 1, 1970. 
           (b) An alternate slow-moving vehicle emblem consisting of a 
        dull black triangle with a white reflective border may be used 
        after obtaining a permit from the commissioner under rules of 
        the commissioner.  A person with a permit to use an alternate 
        slow-moving vehicle emblem must: 
           (1) carry in the vehicle a regular slow-moving vehicle 
        emblem and display the emblem when operating a vehicle between 
        sunset and sunrise, and at any other time when visibility is 
        impaired by weather, smoke, fog, or other conditions; and 
           (2) permanently affix to the rear of the slow-moving 
        vehicle at least 72 square inches of reflective tape that 
        reflects the color red. 
           Sec. 4.  Minnesota Statutes 1993 Supplement, section 
        169.56, subdivision 5, is amended to read: 
           Subd. 5.  [EXCEPTION FOR LIGHTS OBSTRUCTED LIGHTS BY 
        SNOWPLOW BLADE.] (a) The auxiliary lamps permitted 
        in subdivisions subdivision 3 and 4 may be mounted more than 42 
        inches high on any truck equipped with a snowplow blade that 
        obstructs the required headlights.  The lights may not be 
        illuminated when a snowplow blade is not mounted so as to 
        obstruct the required headlights, the auxiliary lamps permitted 
        in subdivisions 3 and 4 and mounted above 42 inches high must be 
        removed or the lens must be covered with an opaque material on 
        the vehicle. 
           (b) No other vehicle may be operated on a public highway 
        unless the auxiliary lamps permitted in subdivisions 3 and 4 
        comply with the height requirements or are completely covered 
        with an opaque material. 
           Sec. 5.  Minnesota Statutes 1993 Supplement, section 
        169.686, subdivision 1, is amended to read: 
           Subdivision 1.  [SEAT BELT REQUIREMENT.] A properly 
        adjusted and fastened seat belt, including both the shoulder and 
        lap belt when the vehicle is so equipped, shall be worn by: 
           (1) the driver of a passenger vehicle or commercial motor 
        vehicle; 
           (2) a passenger riding in the front seat of a passenger 
        vehicle or commercial motor vehicle; and 
           (3) a passenger riding in any seat of a passenger vehicle 
        who is older than three but younger than 11 years of age. 
           A person who is 15 years of age or older and who violates 
        clause (1) or (2) is subject to a fine of $25.  The driver of 
        the passenger vehicle or commercial motor vehicle in which the 
        violation occurred is subject to a $25 fine for a violation of 
        clause (2) or (3) by a child of the driver under the age of 15 
        or any child under the age of 11.  A peace officer may not issue 
        a citation for a violation of this section unless the officer 
        lawfully stopped or detained the driver of the motor vehicle for 
        a moving violation other than a violation involving motor 
        vehicle equipment.  The department of public safety shall not 
        record a violation of this subdivision on a person's driving 
        record. 
           Sec. 6.  Minnesota Statutes 1992, section 169.743, is 
        amended to read: 
           169.743 [BUG DEFLECTORS.] 
           Bug deflectors shall be permitted but not required on motor 
        vehicles.  No bug deflector shall be sold, offered for sale, or 
        used which is composed of other than nonilluminated material.  
        No person shall operate any motor vehicle equipped with a bug 
        deflector of nontransparent material having more than one inch 
        of material extending above the highest part of the front of the 
        hood, excluding any decorative ornament, and no person shall 
        operate any motor vehicle equipped with a bug deflector of 
        transparent material having more than three inches of material 
        extending above the highest part of the front of the hood, 
        excluding any decorative ornament; provided that trucks and 
        truck-tractors of 12,000 pounds gross vehicle weight or larger 
        may be operated with a clear, uncolored bug deflector extending 
        no more than six inches above the highest part of the front of 
        the hood, excluding any decorative ornament. 
           Sec. 7.  Minnesota Statutes 1992, section 169.851, 
        subdivision 5, is amended to read: 
           Subd. 5.  [EXCEPTION FOR FARM AND FOREST PRODUCTS.] The 
        maximum weight provisions of this section do not apply to the 
        first haul of unprocessed or raw farm products and the 
        transportation of raw and unfinished forest products when the 
        prescribed maximum weight limitation is not exceeded by more 
        than ten percent. 
           Sec. 8.  Minnesota Statutes 1993 Supplement, section 
        221.0314, subdivision 10, is amended to read: 
           Subd. 10.  [INSPECTION, REPAIR, AND MAINTENANCE.] Code of 
        Federal Regulations, title 49, part 396, is incorporated by 
        reference, except that sections 396.1, 396.9, and 396.17 to 
        396.25 396.23 of that part are not incorporated. 
           Presented to the governor May 5, 1994 
           Signed by the governor May 6, 1994, 12:00 p.m.