Minnesota Session Laws - 2002, Regular Session

                            CHAPTER 319-H.F.No. 2706 
                  An act relating to traffic regulations; modifying 
                  traffic laws relating to emergency vehicles; imposing 
                  misdemeanor penalty for intentionally obstructing 
                  emergency vehicle during emergency duty; making 
                  clarifying changes; amending Minnesota Statutes 2000, 
                  sections 169.03, subdivision 2; 169.20, subdivision 
                  5a; Minnesota Statutes 2001 Supplement, section 
                  169.20, subdivision 5. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2000, section 169.03, 
        subdivision 2, is amended to read: 
           Subd. 2.  [STOPS.] The driver of any authorized emergency 
        vehicle, when responding to an emergency call, upon approaching 
        a red or stop signal or any stop sign shall slow down as 
        necessary for safety, but may proceed cautiously past such red 
        or stop sign or signal after sounding siren and displaying red 
        lights, except that a law enforcement vehicle responding to an 
        emergency call shall sound its siren or display at least one 
        lighted red light to the front. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 2.  Minnesota Statutes 2001 Supplement, section 
        169.20, subdivision 5, is amended to read: 
           Subd. 5.  [EMERGENCY VEHICLE; PENALTIES.] (a) Upon the 
        immediate approach of an authorized emergency vehicle equipped 
        with at least one lighted lamp exhibiting red light visible 
        under normal atmospheric conditions from a distance of 500 feet 
        to the front of such the vehicle and, except where as otherwise 
        not required by law provided in paragraph (b), when the driver 
        is giving audible signal by siren, the driver of each other 
        vehicle shall yield the right-of-way and shall immediately drive 
        to a position parallel to and as close as possible to the 
        right-hand edge or curb of the highway clear of any 
        intersection, and shall stop and remain in this position until 
        the authorized emergency vehicle has passed, except when 
        otherwise directed by a police officer.  The driver of another 
        vehicle on a one-way roadway shall drive to the closest edge or 
        curb and stop.  
           (b) The driver of an authorized emergency vehicle escorting 
        the movement of a an oversize or overweight vehicle or 
        load which is oversize or overweight need not sound an audible 
        signal by siren but shall exhibit the light required by this 
        paragraph (a).  The driver of each other vehicle then shall 
        yield the right-of-way, as required by this paragraph (a), to 
        the emergency vehicle escorting the oversize or overweight 
        vehicle or load which is oversize or overweight. 
           (b) (c) Upon the approach of an authorized emergency 
        vehicle the driver of each streetcar shall immediately stop the 
        car clear of any intersection and keep it in this position and 
        keep the doors and gates of the streetcar closed until the 
        authorized emergency vehicle has passed, except when otherwise 
        directed by a police officer. 
           (c) A peace officer may arrest the driver of a motor 
        vehicle if the peace officer has probable cause to believe that 
        the driver has operated the vehicle in violation of paragraph 
        (a) within the four-hour period following the termination of the 
        emergency incident. 
           (d) This subdivision shall does not operate to relieve the 
        driver of an authorized emergency vehicle from the duty to drive 
        with due regard for the safety of persons using the highways. 
           (e) A driver who fails to comply with paragraph (a), (b), 
        or (c) is guilty of a petty misdemeanor and may be penalized 
        according to section 169.89. 
           (f) A driver who intentionally obstructs an emergency 
        vehicle or otherwise intentionally fails to comply with 
        paragraph (a), (b), or (c) is guilty of a misdemeanor. 
           Sec. 3.  Minnesota Statutes 2000, section 169.20, 
        subdivision 5a, is amended to read: 
           Subd. 5a.  [ARREST; CITATION; PROBABLE CAUSE.] (a) A peace 
        officer may arrest the driver of a motor vehicle if the peace 
        officer has probable cause to believe that the driver has 
        operated the vehicle in violation of subdivision 5, paragraph 
        (a), (b), or (f), within the four-hour period following the 
        termination of the emergency incident or a receipt of a report 
        under paragraph (c).  The arrest may be made even though the 
        violation was not committed in the presence of the peace officer.
           (b) A peace officer may issue a citation in lieu of arrest 
        to the driver of a motor vehicle if the peace officer has 
        probable cause to believe that the driver has failed to yield 
        the right-of-way to an emergency vehicle operated the vehicle in 
        violation of subdivision 5. 
           (c) Although probable cause may be otherwise satisfied by 
        other evidentiary elements or factors, probable cause is 
        sufficient for purposes of this subdivision when a member of the 
        crew of an authorized emergency vehicle responding to an 
        emergency incident makes a timely report of the violation of 
        subdivision 5 and provides a description of the vehicle used to 
        commit the offense and the vehicle's license plate number.  For 
        the purposes of an arrest under paragraph (a), "timely" means 
        that the report must be made within a four-hour period following 
        the termination of the emergency incident. 
           Presented to the governor April 3, 2002 
           Signed by the governor April 5, 2002, 12:59 p.m.