Office of the Revisor of Statutes
Minnesota Session Laws - 1996, Regular Session
Key: (1) language to be deleted (2) new language
KEY: stricken = old language to be removed
underscored = new language to be added
CHAPTER 456-H.F.No. 2152
An act relating to transportation; allowing highway
service signs for gasoline service stations and other
retail motor fuel businesses; eliminating limitation
on funding advances for completing county state-aid
highways in cities; prohibiting motor vehicle from
closely following authorized emergency vehicle
responding to emergency; authorizing use of
alternative warning lights at traffic accidents;
allowing limited exemption from federal
hours-of-service regulation for transporting
agricultural products; providing for turnbacks to
local governments of legislative routes Nos. 232, 261,
300, 326, and 385; making technical and conforming
changes; amending Minnesota Statutes 1994, sections
160.292, subdivisions 1, 2, 3, 4, 5, 10, and by adding
subdivisions; 160.293, subdivisions 1, 2, 3, and 4;
160.294, subdivisions 1, 2, and by adding a
subdivision; 160.295, subdivision 2; 160.296,
subdivision 1; 160.297; 162.08, subdivision 5; 169.18,
subdivision 8; 169.59, subdivision 4; 221.0314, by
adding a subdivision; and 221.033, subdivision 2a.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1994, section 160.292,
subdivision 1, is amended to read:
Subdivision 1. [SCOPE.] For the purposes of sections
160.292 to 160.296, the terms defined in this section have the
meanings given them.
Sec. 2. Minnesota Statutes 1994, section 160.292,
subdivision 2, is amended to read:
Subd. 2. [SPECIFIC SERVICE SIGN.] "Specific service sign"
means a rectangular sign panel not greater than 1-1/2 feet by
six feet displaying the name or optional business panel, or
both, of a rural agricultural or tourist-oriented business,
place of worship, motel, restaurant, resort, or recreational
camping area, or gasoline service station or other retail motor
fuel business and, where appropriate, the direction to and
distance to the rural agricultural or tourist-oriented business,
place of worship, recreational camping area, motel,
restaurant, or resort, or gasoline service station or other
retail motor fuel business.
Sec. 3. Minnesota Statutes 1994, section 160.292,
subdivision 3, is amended to read:
Subd. 3. [SPECIFIC SERVICE SIGN ASSEMBLY.] "Specific
service sign assembly" means a combination of specific service
sign panels not to exceed four panels to be placed within the
right-of-way on appropriate approaches to an intersection or
interchange.
Sec. 4. Minnesota Statutes 1994, section 160.292,
subdivision 4, is amended to read:
Subd. 4. [SPECIFIC SERVICE SIGN CLUSTER.] "Specific
service sign cluster" means a grouping of specific service sign
assemblies on appropriate approaches to an intersection or
interchange.
Sec. 5. Minnesota Statutes 1994, section 160.292,
subdivision 5, is amended to read:
Subd. 5. [NONFREEWAY TYPE TRUNK HIGHWAY.] "Nonfreeway type
trunk highway" means all (1) roadways with that are not
designated freeways and that have crossing traffic at grade
intersections except the roadway may have an isolated
interchange and (2) bypasses of outstate municipalities that
have interchanges at intersections of trunk highways with local
roads.
Sec. 6. Minnesota Statutes 1994, section 160.292,
subdivision 10, is amended to read:
Subd. 10. [SPECIFIC SERVICE.] "Specific service" means
restaurants,; rural agricultural or tourist-oriented
businesses,; places of worship,; gasoline service stations and
other retail motor fuel businesses; and motels, resorts, or
recreational camping areas that provide sleeping accommodations
for the traveling public. "Tourist-oriented business" means a
business, service, or activity that receives the major portion
of its income or visitors during the normal business season from
motorists not residing in the immediate area of the business or
activity. "Tourist-oriented business" includes, but is not
limited to: (1) a greenhouse or nursery, (2) a bait and tackle
shop, (3) a marina, and (4) a gift or antique shop.
Sec. 7. Minnesota Statutes 1994, section 160.292, is
amended by adding a subdivision to read:
Subd. 11. [GASOLINE SERVICE STATION; RETAIL MOTOR FUEL
BUSINESS.] "Gasoline service station" or "retail motor fuel
business" means a business that provides vehicle services
including fuel and oil; provides restroom facilities and
drinking water; provides staff for continuous operation at least
12 hours per day, seven days per week; and provides public
access to a telephone.
Sec. 8. Minnesota Statutes 1994, section 160.292, is
amended by adding a subdivision to read:
Subd. 12. [BUSINESS PANEL.] "Business panel" means a
separately attached sign panel that shows, either individually
or in combination, the brand, symbol, trademark, or logo of the
business service.
Sec. 9. Minnesota Statutes 1994, section 160.293,
subdivision 1, is amended to read:
Subdivision 1. [PURPOSE.] Specific service signs are to be
used to create and implement a system of signing for the purpose
of displaying specific service information to the traveling
public on nonfreeway type trunk highways in rural areas.
Sec. 10. Minnesota Statutes 1994, section 160.293,
subdivision 2, is amended to read:
Subd. 2. [SIGNS AT INTERSECTIONS AND INTERCHANGES.] A
specific service sign may be erected at the intersection or
interchange of a trunk highway with an interstate highway, a
controlled access road, or a local road, on bypasses of outstate
municipalities, and at the intersection or interchange of two
trunk highways. A specific service sign may not be erected if
the place of business is readily visible, if effective
directional advertising is visible, or if the an advertising
sign can be legally and effectively located near the
intersection or interchange.
Sec. 11. Minnesota Statutes 1994, section 160.293,
subdivision 3, is amended to read:
Subd. 3. [NUMBER OF TRUNK HIGHWAY INTERSECTIONS OR
INTERCHANGES.] A specific service sign for a rural agricultural
or tourist-oriented business, place of worship, restaurant,
motel, resort, or recreational camping area, or gasoline service
station or other retail motor fuel business is limited to one
intersection or interchange on the trunk highway system.
Additional signing may be considered when the place of business
is located between, or approximately an equal distance from, two
or more trunk highways.
Sec. 12. Minnesota Statutes 1994, section 160.293,
subdivision 4, is amended to read:
Subd. 4. [TRAILBLAZING.] Appropriate signing on local
roads between a trunk highway intersection or interchange and a
specific service shall be the responsibility of the specific
service and the local road authority.
Sec. 13. Minnesota Statutes 1994, section 160.294,
subdivision 1, is amended to read:
Subdivision 1. [CONSTRUCTION OF SIGN.] Specific service
sign panels shall be made of reflective sheeting and shall be on
blue background with white letters, arrows and border. The
directional arrow and mileage shall be displayed on the same
side of the panel as the direction of turn on specific service
sign panels located on nonfreeway trunk highways at grade
intersections and on exit ramps at interchanges located on
bypasses of outstate municipalities. The specific service sign
panel shall display only the name or optional business panel, or
both, when installed on nonfreeway trunk highways at
interchanges located on bypasses of outstate
municipalities. Signing for straight ahead movement shall not
be permitted.
Sec. 14. Minnesota Statutes 1994, section 160.294, is
amended by adding a subdivision to read:
Subd. 1a. [BUSINESS PANELS.] Business panels shall be made
of reflective sheeting and shall not resemble a traffic sign,
signal, or device. The business' trademark, symbol, or logo
shall be consistent on all business panels for a specific
business. The business panel shall not include any supplemental
messages or additional verbiage.
Sec. 15. Minnesota Statutes 1994, section 160.294,
subdivision 2, is amended to read:
Subd. 2. [SPECIFIC SERVICE SIGN ASSEMBLIES.] Left
directional panels shall be placed on top of the right
directional panels. A gap shall separate a left panel from the
right panel. An assembly shall be spaced preferably 300 feet,
but a minimum of 200 feet from other required signing. If no
other signing is located at an intersection, the assembly shall
be placed 300 feet in advance of the intersection. Assemblies
within a cluster shall not be placed closer than 300 feet. No
specific service sign or assembly shall be placed at a location
that will interfere with other necessary signing as determined
by the commissioner of transportation.
Sec. 16. Minnesota Statutes 1994, section 160.295,
subdivision 2, is amended to read:
Subd. 2. [DISTANCE TO SPECIFIC SERVICE.] A specific
service sign may be placed on a nonfreeway type road trunk
highway if the specific service is located within 15 miles of
the qualifying site.
Sec. 17. Minnesota Statutes 1994, section 160.296,
subdivision 1, is amended to read:
Subdivision 1. [PROCEDURE.] (a) A person who desires a
specific service sign panel shall request the commissioner of
transportation to install the sign. The commissioner of
transportation may grant the request if the applicant qualifies
for the sign panel and if space is available. All signs shall
be fabricated, installed, maintained, replaced and removed by
the commissioner of transportation. The applicant shall pay a
fee to the commissioner of transportation to cover all costs for
fabricating, installing, maintaining, replacing and removing.
The requests for specific service sign panels shall be renewed
every three years.
(b) If the applicant desires to display a business panel,
the business panel for each specific service sign panel shall be
supplied by the applicant. All costs to fabricate business
panels shall be paid by the applicant. All business panels
shall be installed and removed by the appropriate road
authority. The costs for installing and removing business sign
panels on specific service signs located on nonfreeway trunk
highways are included in the fee specified in paragraph (a). If
a business panel is stolen or damaged beyond repair, the
applicant shall supply a new business panel paid for by the
applicant.
Sec. 18. Minnesota Statutes 1994, section 160.297, is
amended to read:
160.297 [OTHER LAWS.]
Sections 160.292 to 160.296 provide additional authority to
erect signs on nonfreeway type trunk highways and do not limit
the authority to erect highway signs provided by other law or
rule.
Sec. 19. Minnesota Statutes 1994, section 162.08,
subdivision 5, is amended to read:
Subd. 5. [ADVANCES TO MUNICIPAL ACCOUNT.] Any county may
make advances from any available funds, including funds made
available by a city pursuant to subdivision 6 to the municipal
account for the purpose of completing work on any portion of its
county state-aid highway system within cities having a
population of less than 5,000. The total of such advances made
by any county to the municipal account shall never exceed 30
percent of the county's last apportionment preceding the first
advance. Any advances shall be repaid by deducting an amount
equal thereto from money accruing to the municipal account.
Advances heretofore made shall be repaid in like manner.
Sec. 20. Minnesota Statutes 1994, section 169.18,
subdivision 8, is amended to read:
Subd. 8. [FOLLOWING VEHICLE TOO CLOSELY.] (a) The driver
of a motor vehicle shall not follow another vehicle more closely
than is reasonable and prudent, having due regard for the speed
of such vehicles and the traffic upon and the conditions of the
highway.
(b) The driver of any motor vehicle drawing another
vehicle, or the driver of any motor truck or bus, when traveling
upon a roadway outside of a business or residence district,
shall not follow within 500 feet of another vehicle. The
provisions of this clause shall not be construed to prevent
overtaking and passing nor shall the same apply upon any lane
specially designated for use by motor trucks.
(c) The driver of a motor vehicle shall not follow within
500 feet of an authorized emergency vehicle that is traveling in
response to an emergency.
Sec. 21. Minnesota Statutes 1994, section 169.59,
subdivision 4, is amended to read:
Subd. 4. [FLASHING WARNING LIGHTS.] Any vehicle may be
equipped with lamps which may be used for the purpose of warning
the operators of other vehicles of the presence of a vehicular
traffic hazard requiring the exercise of unusual care in
approaching, overtaking, or passing, and when so equipped may
display such warning in addition to any other warning signals
required by this act. The lamps used to display such warnings
to the front shall be mounted at the same level and as widely
spaced laterally as practicable, and shall display simultaneous
flashing white or amber lights, or any shade of color between
white and amber. The lamps used to display such warnings to the
rear shall be mounted at the same level and as widely spaced
laterally as practicable, and shall show simultaneously flashing
amber or red lights, or any shade of color between amber and
red. Instead of a pair of lamps that flash simultaneously,
either one or two strobe lights or rotating beacon lights with
an amber or yellow lens may be used both to the front and rear
of the vehicle. These warning lights shall be visible from a
distance of not less than 500 feet under normal atmospheric
conditions at night.
Sec. 22. Minnesota Statutes 1994, section 221.0314, is
amended by adding a subdivision to read:
Subd. 9a. [HOURS OF SERVICE EXEMPTION.] The federal
regulations incorporated in subdivision 9 for maximum driving
and on-duty time do not apply to drivers engaged in the
interstate or intrastate transportation of agricultural
commodities or farm supplies for agricultural purposes in
Minnesota during the planting and harvesting seasons from March
15 to December 15 of each year if the transportation is limited
to an area within a 100-air-mile radius from the source of the
commodities or the distribution point for the farm supplies.
Sec. 23. Minnesota Statutes 1994, section 221.033,
subdivision 2a, is amended to read:
Subd. 2a. [AGRICULTURALLY RELATED EXEMPTION.] (a) This
subdivision applies to persons engaged in intrastate commerce.
(b) Fertilizer and agricultural chemical retailers or their
employees are exempt from the rule in section 221.0314,
subdivision 4, requiring that drivers must be at least 21 years
of age when:
(1) the retailer or its employee is transporting fertilizer
or agricultural chemicals directly to a farm for on-farm use
within a radius of 50 miles of the retailer's business location;
and
(2) the driver employed by the retailer is at least 18
years of age.
(c) A fertilizer or agricultural chemical retailer, or a
driver employed by a fertilizer or agricultural chemical
retailer, is exempt from the rule in Code of Federal
Regulations, title 49, section 395.3, paragraph (b), relating to
hours of service of drivers, and section 395.8, requiring a
driver's record of duty status, while exclusively engaged in the
transportation of fertilizer or agricultural chemicals between
April 1 and July 1 of each year when:
(1) the transportation is from the retailer's place of
business directly to a farm within a 50-mile radius of the
retailer's place of business;
(2) the fertilizer or agricultural chemicals are for use on
the farm to which they are transported; and
(3) the employer maintains a daily record for each driver
showing the time a driver reports for duty, the total number of
hours a driver is on duty, and the time a driver is released
from duty.
Sec. 24. [TRUNK HIGHWAY SYSTEM; ROUTES DISCONTINUED;
REPEALER; EFFECTIVE DATES.]
(a) Minnesota Statutes 1994, section 161.115, subdivision
163, is repealed effective when the transfer of jurisdiction of
legislative route No. 232 is agreed to by the commissioner of
transportation and Aitkin county and a copy of the agreement,
signed by the commissioner and the chair of the Aitkin county
board, has been filed in the office of the commissioner.
(b) Minnesota Statutes 1994, section 161.115, subdivision
192, is repealed effective when the transfer of jurisdiction of
legislative route No. 261 is agreed to by the commissioner of
transportation and McLeod county and a copy of the agreement,
signed by the commissioner and the chair of the McLeod county
board, has been filed in the office of the commissioner.
(c) Minnesota Statutes 1994, section 161.115, subdivision
231, is repealed effective when the transfer of jurisdiction of
legislative route No. 300 is agreed to by the commissioner of
transportation and the city of Shakopee and a copy of the
agreement, signed by the commissioner and the mayor of the city
of Shakopee, has been filed in the office of the commissioner.
(d) Minnesota Statutes 1994, section 161.115, subdivision
257, is repealed effective when the transfer of jurisdiction of
legislative route No. 326 is agreed to by the commissioner of
transportation, Anoka county, and the city of Lino Lakes and a
copy of the agreement, signed by the commissioner, the chair of
the Anoka county board, and the mayor of the city of Lino Lakes,
has been filed in the office of the commissioner.
(e) Minnesota Statutes 1994, section 161.117, subdivision
6, is repealed effective when the transfer of jurisdiction of
legislative route No. 385 is agreed to by the commissioner of
transportation and Hennepin county and a copy of the agreement,
signed by the commissioner and the chair of the Hennepin county
board, has been filed in the office of the commissioner.
(f) The revisor of statutes shall delete each route
identified in paragraphs (a) to (e) in the next publication of
Minnesota Statutes unless the commissioner of transportation
informs the revisor that the conditions required to transfer a
particular route were not satisfied.
Presented to the governor April 4, 1996
Signed by the governor April 11, 1996, 11:42 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes