Office of the Revisor of Statutes
Minnesota Session Laws - 1997, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 143-S.F.No. 724
An act relating to transportation; exempting certain
roads, streets, and highways from noise standards;
clarifying that specific service signs may be placed
at certain intersections of trunk highways; modifying
provisions relating to implements of husbandry;
defining residential roadway; defining daytime and
nighttime; setting speed limits; directing the
commissioner of transportation to determine cost
reimbursement policies; correcting obsolete reference;
directing commissioner of transportation to study and
prepare a report proposing a comprehensive, statewide
highway access management policy; directing transfer
of ownership of licenses for public safety radio
system frequencies; modifying requirements for highway
280 noise barrier; providing civil penalties; amending
Minnesota Statutes 1996, sections 116.07, subdivision
2a; 160.292, subdivision 5; 168.012, subdivision 2;
168A.01, subdivision 8; 169.01, subdivisions 55 and
81, and by adding subdivisions; 169.14, subdivisions
2, 3, and 5d; 169.145; 169.17; 169.522, subdivision 1;
169.801, subdivision 1; 174.23, by adding a
subdivision; and 473.894, subdivision 3; Laws 1994,
chapter 635, article 1, section 35; repealing
Minnesota Statutes 1996, section 169.14, subdivision
4a; Minnesota Rules, parts 8840.0100; 8840.0200;
8840.0300; 8840.0400; 8840.0500; 8840.0600; 8840.0700;
8840.0800; 8840.0900; 8840.1000; 8840.1100; 8840.1200;
and 8840.1300.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1996, section 116.07,
subdivision 2a, is amended to read:
Subd. 2a. [EXEMPTIONS FROM STANDARDS.] No standards
adopted by any state agency for limiting levels of noise in
terms of sound pressure which may occur in the outdoor
atmosphere shall apply to (1) segments of trunk highways
constructed with federal interstate substitution money, provided
that all reasonably available noise mitigation measures are
employed to abate noise, (2) an existing or newly constructed
segment of a highway, provided that all reasonably available
noise mitigation measures, as approved by the commissioners of
the department of transportation and pollution control agency,
are employed to abate noise, (3) except for the cities of
Minneapolis and St. Paul, an existing or newly constructed
segment of a road, street, or highway under the jurisdiction of
a road authority of a town, statutory or home rule charter city,
or county, except for roadways for which full control of access
has been acquired, (4) skeet, trap or shooting sports clubs,
or (4) (5) motor vehicle race events conducted at a facility
specifically designed for that purpose that was in operation on
or before July 1, 1983. Nothing herein shall prohibit a local
unit of government or a public corporation with the power to
make rules for the government of its real property from
regulating the location and operation of skeet, trap or shooting
sports clubs, or motor vehicle race events conducted at a
facility specifically designed for that purpose that was in
operation on or before July 1, 1983.
Sec. 2. Minnesota Statutes 1996, section 160.292,
subdivision 5, is amended to read:
Subd. 5. [NONFREEWAY TRUNK HIGHWAY.] "Nonfreeway trunk
highway" means all (1) roadways that are not designated freeways
and that have crossing traffic at grade intersections and (2)
bypasses of outstate municipalities that have interchanges at
intersections of trunk highways with local roads or with other
trunk highways.
Sec. 3. Minnesota Statutes 1996, section 168.012,
subdivision 2, is amended to read:
Subd. 2. [FARM VEHICLES.] Implements of husbandry, as
defined in section 168A.01, subdivision 8, and tractors used
solely for agricultural purposes or tractors, together with
trailers or wagons thereto attached, occasionally hauling
agricultural products or necessary commodities used on the farm
from said farm to and from the usual market place of the owner,
tractors for drawing threshing machinery and implements of
husbandry temporarily moved upon the highway, shall not be taxed
as motor vehicles using the public streets and highways and
shall be exempt from the provisions of this chapter.
Sec. 4. Minnesota Statutes 1996, section 168A.01,
subdivision 8, is amended to read:
Subd. 8. [IMPLEMENT OF HUSBANDRY.] (a) "Implement of
husbandry" means every vehicle, including a farm tractor and
farm wagon, designed and or adapted exclusively for
agricultural, horticultural, or livestock raising operations or
for lifting or carrying an implement of husbandry and in either
case not subject to registration if used upon the highways.
(b) A towed vehicle meeting the description in paragraph
(a) is an implement of husbandry without regard to whether the
vehicle is towed by an implement of husbandry or by a registered
motor vehicle.
(c) A self-propelled motor vehicle used in livestock
raising operations is an implement of husbandry only if it is:
(1) owned by or under the control of a farmer;
(2) operated at speeds not exceeding 30 miles per hour; and
(3) displaying the slow-moving vehicle emblem described in
section 169.522.
Sec. 5. Minnesota Statutes 1996, section 169.01,
subdivision 55, is amended to read:
Subd. 55. [IMPLEMENT OF HUSBANDRY.] (a) "Implement of
husbandry" means every vehicle, including a farm tractor and
farm wagon, designed or adapted exclusively for agricultural,
horticultural, or livestock-raising operations or for lifting or
carrying an implement of husbandry.
(b) A towed vehicle meeting the description in paragraph
(a) is an implement of husbandry without regard to whether the
vehicle is towed by an implement of husbandry or by a registered
motor vehicle has the meaning given in section 168A.01,
subdivision 8.
Sec. 6. Minnesota Statutes 1996, section 169.01,
subdivision 81, is amended to read:
Subd. 81. [RESIDENTIAL ROADWAY.] Residential roadway means
a street or portion of a street that is less than one-quarter
mile in length and is functionally classified by the
commissioner of transportation as a local street by the road
authority having jurisdiction.
Sec. 7. Minnesota Statutes 1996, section 169.01, is
amended by adding a subdivision to read:
Subd. 84. [DAYTIME.] For purposes of regulating the
operation of a motor vehicle, "daytime" means the time from
one-half hour before sunrise to one-half hour after sunset.
Sec. 8. Minnesota Statutes 1996, section 169.01, is
amended by adding a subdivision to read:
Subd. 85. [NIGHTTIME.] For purposes of regulating the
operation of a motor vehicle, "nighttime" means the time from
one-half hour after sunset to one-half hour before sunrise.
Sec. 9. Minnesota Statutes 1996, section 169.14,
subdivision 2, is amended to read:
Subd. 2. [SPEED LIMITS.] (a) Where no special hazard
exists the following speeds shall be lawful, but any speeds in
excess of such limits shall be prima facie evidence that the
speed is not reasonable or prudent and that it is unlawful;
except that the speed limit within any municipality shall be a
maximum limit and any speed in excess thereof shall be unlawful:
(1) 30 miles per hour in an urban district;
(2) 65 miles per hour on non-Interstate freeways and
expressways, as defined in section 160.02, subdivision 16,
outside the limits of any urbanized area with a population of
greater than 50,000 as defined by order of the commissioner of
transportation;
(3) 55 miles per hour in locations other than those
specified in this section;
(4) 70 miles per hour on Interstate highways outside the
limits of any urbanized area with a population of greater than
50,000 as defined by order of the commissioner of
transportation;
(5) 65 miles per hour on Interstate highways inside the
limits of any urbanized area with a population of greater than
50,000 as defined by order of the commissioner of
transportation;
(6) ten miles per hour in alleys; and
(5) (7) 25 miles per hour in residential roadways if
adopted by the road authority having jurisdiction over the
residential roadway.
(b) A speed limit adopted under paragraph (a),
clause (5) (7), is not effective unless the road authority has
erected signs designating the speed limit and indicating the
beginning and end of the residential roadway on which the speed
limit applies.
Sec. 10. Minnesota Statutes 1996, section 169.14,
subdivision 3, is amended to read:
Subd. 3. [REDUCED SPEED REQUIRED.] (a) The driver of any
vehicle shall, consistent with the requirements, drive at an
appropriate reduced speed when approaching or passing an
authorized emergency vehicle stopped with emergency lights
flashing on any street or highway, when approaching and crossing
an intersection or railway grade crossing, when approaching and
going around a curve, when approaching a hill crest, when
traveling upon any narrow or winding roadway, and when special
hazards exist with respect to pedestrians or other traffic or by
reason of weather or highway conditions.
(b) A person who fails to reduce speed appropriately when
approaching or passing an authorized emergency vehicle stopped
with emergency lights flashing on a street or highway shall be
assessed an additional surcharge equal to the amount of the fine
imposed for the speed violation, but not less than $25.
Sec. 11. Minnesota Statutes 1996, section 169.14,
subdivision 5d, is amended to read:
Subd. 5d. [SPEED ZONING IN WORK ZONES; SURCHARGE.] (a) The
commissioner, on trunk highways and temporary trunk highways,
and local authorities, on streets and highways under their
jurisdiction, may authorize the use of reduced maximum speed
limits in highway work zones. The commissioner or local
authority is not required to conduct an engineering and traffic
investigation before authorizing a reduced speed limit in a
highway work zone.
(b) The minimum highway work zone speed limit is 20 miles
per hour. The work zone speed limit must not reduce the
established speed limit on the affected street or highway by
more than 15 miles per hour, except that the highway work zone
speed limit shall not exceed 40 miles per hour. Highway work
zone speed limits are effective on erection of appropriate
regulatory speed limit signs. The signs must be removed or
covered when they are not required. A speed greater than the
posted highway work zone speed limit is unlawful.
(c) For purposes of this subdivision, "highway work zone"
means a segment of highway or street where a road authority or
its agent is constructing, reconstructing, or maintaining the
physical structure of the roadway, its shoulders, or features
adjacent to the roadway, including underground and overhead
utilities and highway appurtenances.
(d) Notwithstanding section 609.0331 or 609.101 or other
law to the contrary, a person who violates a speed limit
established under paragraph (b), or who violates any other
provision of this section or section 169.141 while in a highway
work zone, is assessed an additional surcharge equal to the
amount of the fine imposed for the speed violation, but not less
than $25.
Sec. 12. Minnesota Statutes 1996, section 169.145, is
amended to read:
169.145 [IMPLEMENTS OF HUSBANDRY; SPEED; BRAKES.]
No person may:
(1) drive or tow an implement of husbandry that exceeds
6,000 pounds registered gross weight or gross vehicle weight and
is not equipped with brakes; or
(2) tow a vehicle registered as a farm trailer that exceeds
6,000 pounds registered gross weight or gross vehicle weight and
is not equipped with brakes and exceeding 6,000 pounds, at a
speed in excess of 25 30 miles per hour.
Sec. 13. Minnesota Statutes 1996, section 169.17, is
amended to read:
169.17 [EMERGENCY VEHICLES.]
The speed limitations set forth in sections 169.14 to
169.17 do not apply to an authorized emergency vehicles when
vehicle responding to an emergency calls, but the drivers
thereof call. Drivers of all emergency vehicles shall sound an
audible signal by siren and display at least one lighted red
light to the front except that law enforcement vehicles shall
sound an audible signal by siren or display at least one lighted
red light to the front. This provision does not relieve the
driver of an authorized emergency vehicle from the duty to drive
with due regard for the safety of persons using the street, nor
does it protect the driver of an authorized emergency vehicle
from the consequence of a reckless disregard of the safety of
others.
Sec. 14. Minnesota Statutes 1996, 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, and other machinery, including all road construction
machinery, which are designed for operation at a speed of 25 30
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 30 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. 15. Minnesota Statutes 1996, section 169.801,
subdivision 1, is amended to read:
Subdivision 1. [EXEMPTION FROM SIZE, WEIGHT, LOAD
PROVISIONS.] Except as provided in this section and section
169.82, the provisions of sections 169.80 to 169.88 that govern
size, weight, and load do not apply to:
(1) a horse-drawn wagon while carrying a load of loose
straw or hay;
(2) a specialized vehicle resembling a low-slung trailer
having a short bed or platform, while transporting one or more
implements of husbandry; or
(3) an implement of husbandry while being driven or towed
at a speed of not more than 25 30 miles per hour; provided that
this exemption applies to an implement of husbandry owned,
leased, or under the control of a farmer or implement dealer
only while the implement of husbandry is being operated on
noninterstate roads or highways within 75 miles of any
farmland or implement dealership: (i) owned, leased, or
operated by the farmer or implement dealer and (ii) on which the
farmer or implement dealer regularly uses or sells or leases the
implement of husbandry.
Sec. 16. Minnesota Statutes 1996, section 174.23, is
amended by adding a subdivision to read:
Subd. 9. [COST REIMBURSEMENT POLICIES.] The commissioner
of transportation shall establish reimbursement policies based
on the cost principles of the federal acquisition regulations to
determine the reasonableness and allowability of various costs,
including overhead factors, direct salary costs, and other costs
of design and consultant contracts.
Sec. 17. Minnesota Statutes 1996, section 473.894,
subdivision 3, is amended to read:
Subd. 3. [APPLICATION TO FCC.] Within 180 days from
adoption of the regionwide public safety radio system
communication plan the commissioner of transportation, on behalf
of the state of Minnesota, shall use the plan adopted by the
board under subdivision 2 to submit an extended implementation
application to the Federal Communications Commission (FCC) for
the NPSPAC channels and other public safety frequencies
available for use in the metropolitan area and necessary to
implement the plan. Local governments and all other public or
private entities eligible under part 90 of the FCC rules shall
not apply for public safety channels in the 821 to 824 and 866
to 869 megahertz bands for use within the metropolitan counties
until the FCC takes final action on the regional application
submitted under this section. Exceptions to the restrictions on
the application for the NPSPAC channels may be granted by the
radio board. The Minnesota department of transportation shall
hold the master system licenses for all public safety
frequencies assigned to the metropolitan area issued by the FCC
first phase under the board's plan and these channels shall be
used for the implementation of the plan. Local governments and
other public and private entities eligible under part 90 of the
FCC rules may apply to the FCC as colicensees for subscriber
equipment and those portions of the network infrastructure owned
by them. Application for colicensing under this section shall
require the concurrence of the radio board. The radio board
shall hold the master system licenses for the public safety
frequencies assigned to local government subsystems under the
board's plan and these channels shall be used for implementation
of the plan. Upon approval by the board of a local government's
subsystem plan and evidence of a signed contract with a vendor
for construction of a subsystem consistent with the board's
system plan, the board shall apply to the FCC to transfer to the
local government the licenses for the public safety frequencies
assigned by the plan for use in the network infrastructure owned
by the local government. The radio board, the Minnesota
department of transportation, and local subsystem owners shall
jointly colicense all subscriber equipment for the backbone
system.
Sec. 18. Laws 1994, chapter 635, article 1, section 35, is
amended to read:
Sec. 35. [TRUNK HIGHWAY NO. 280; NOISE BARRIERS.]
Subdivision 1. [DEFINITION.] For purposes of this section
"trunk highway No. 280 project" means a department of
transportation highway improvement project on marked trunk
highway No. 280 that would improve, expand, or reconstruct the
highway.
Subd. 2. [REQUIREMENT TRUNK HIGHWAY NO. 280 NOISE
PROBLEMS; RESOLUTION OF PROBLEMS AND ISSUES.] If the
commissioner of transportation takes any action between the
effective date of this section and June 30, 1996, that would
have the effect of delaying the start of the trunk highway No.
280 project beyond June 30, 1997, the commissioner shall, within
12 months after taking that action, erect noise barriers on the
highway between marked interstate highways Nos. I-94 and I-35W
as provided in the noise barrier component of the project. The
department of transportation shall work with the community
groups that represent residents who live along marked trunk
highway No. 280 to seek solutions consistent with state daytime
noise standards, within a reasonable time, for both the
continuing and any additional noise problems and noise
mitigation issues related to or arising from the highway.
Subd. 3. [REQUIRED ACTIONS.] The department of
transportation shall build a noise barrier, if the Lauderdale
city council so requests by resolution, or take other
appropriate steps in consultation with community groups that
represent residents who live along marked trunk highway No. 280,
as part of a trunk highway No. 280 project.
Sec. 19. [HIGHWAY ACCESS MANAGEMENT POLICY STUDY.]
The commissioner of transportation shall gather information
and consult with public officials of towns, cities, counties,
and other political subdivisions to consider views and proposals
for establishing a comprehensive, statewide highway access
management policy. The commissioner shall make findings and
prepare a report to the legislature, with recommendations,
covering a wide range of interrelated land use, engineering, and
legal procedures and planning designed to maximize the
operational efficiency and safety of all functional categories
of roadways. The commissioner of transportation shall submit
the report to the legislature by January 15, 1999.
Sec. 20. [REPEALER.]
(a) Minnesota Statutes 1996, section 169.14, subdivision
4a, is repealed.
(b) Minnesota Rules, parts 8840.0100; 8840.0200; 8840.0300;
8840.0400; 8840.0500; 8840.0600; 8840.0700; 8840.0800;
8840.0900; 8840.1000; 8840.1100; 8840.1200; and 8840.1300, are
repealed.
Sec. 21. [APPLICATION.]
Section 11 applies in Anoka, Carver, Dakota, Hennepin,
Ramsey, Scott, and Washington counties.
Sec. 22. [EFFECTIVE DATE.]
Sections 1 to 8, 10 to 17, 19, 20, paragraph (b), and 21
are effective the day following final enactment.
Sections 9 and 20, paragraph (a), are effective July 1,
1997.
Presented to the governor May 30, 1997
Signed by the governor June 3, 1997, 2:24 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes