Minnesota Session Laws - 2010, Regular Session

CHAPTER 232--H.F.No. 2616

An act

relating to traffic regulations; allowing bicyclist to stop and proceed through red light under limited circumstances;

amending Minnesota Statutes 2008, section 169.06, subdivision 9.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 169.06, subdivision 9, is amended to read:

Subd. 9.

Affirmative defense relating to unchanging traffic-control signal.

(a) A person operating a new text begin bicycle or new text end motorcycle who violates subdivision 4 by entering or crossing an intersection controlled by a traffic-control signal against a red light has an affirmative defense to that charge if the person establishes all of the following conditions:

(1) the new text begin bicycle or new text end motorcycle has been brought to a complete stop;

(2) the traffic-control signal continues to show a red light for an unreasonable time;

(3) the traffic-control signal is apparently malfunctioning or, if programmed or engineered to change to a green light only after detecting the approach of a motor vehicle, the signal has apparently failed to detect the arrival of the new text begin bicycle or new text end motorcycle; and

(4) no motor vehicle or person is approaching on the street or highway to be crossed or entered or is so far away from the intersection that it does not constitute an immediate hazard.

(b) The affirmative defense in this subdivision applies only to a violation for entering or crossing an intersection controlled by a traffic-control signal against a red light and does not provide a defense to any other civil or criminal action.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Presented to the governor April 12, 2010

Signed by the governor April 15, 2010, 11:47 a.m.