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Key: (1) language to be deleted (2) new language

CHAPTER 18--H.F.No. 1188

An act

relating to transportation; requiring drivers to slow down when passing stopped service vehicles; authorizing recycling trucks to be equipped with and to use amber lights while collecting recycling;

amending Minnesota Statutes 2018, sections 169.011, by adding subdivisions; 169.18, subdivision 11; 169.64, subdivision 9; repealing Minnesota Statutes 2018, section 169.18, subdivision 12.

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

Section 1.

Minnesota Statutes 2018, section 169.011, is amended by adding a subdivision to read:

new text begin Subd. 62a. new text end

new text begin Recycling vehicle. new text end

new text begin "Recycling vehicle" means a vehicle hauling recyclable materials as authorized by section 115A.93, subdivision 1. new text end

Sec. 2.

Minnesota Statutes 2018, section 169.011, is amended by adding a subdivision to read:

new text begin Subd. 76a. new text end

new text begin Solid waste vehicle. new text end

new text begin "Solid waste vehicle" means a vehicle hauling solid waste as authorized by section 115A.93, subdivision 1. new text end

Sec. 3.

Minnesota Statutes 2018, section 169.18, subdivision 11, is amended to read:

Subd. 11.

Passing parked deleted text begin emergencydeleted text end new text begin authorizednew text end vehicle; citation; probable cause.

(a)new text begin For purposes of this subdivision, "authorized vehicle" means an authorized emergency vehicle, as defined under section 169.011, subdivision 3; a tow truck or towing vehicle, as defined under section 168B.011, subdivision 12a; a freeway service patrol vehicle; a road maintenance vehicle; a utility company vehicle; a construction vehicle; a solid waste vehicle; or a recycling vehicle.new text end

new text begin (b)new text end When approaching and before passing an authorized deleted text begin emergencydeleted text end vehicle with its emergencynew text begin , flashing, or warningnew text end lights activated that is parked or otherwise stopped on or next to a street or highway having two lanes in the same direction, the driver of a vehicle shall safely move the vehicle to the lane farthest away from the deleted text begin emergencydeleted text end new text begin authorizednew text end vehicle, if it is possible to do so.

deleted text begin (b)deleted text end new text begin (c)new text end When approaching and before passing an authorized deleted text begin emergencydeleted text end vehicle with its emergencynew text begin , flashing, or warningnew text end lights activated that is parked or otherwise stopped on or next to a street or highway having more than two lanes in the same direction, the driver of a vehicle shall safely move the vehicle so as to leave a full lane vacant between the driver and any lane in which the deleted text begin emergencydeleted text end new text begin authorizednew text end vehicle is completely or partially parked or otherwise stopped, if it is possible to do so.

deleted text begin (c)deleted text end new text begin (d)new text end If a lane change under paragraph deleted text begin (a)deleted text end new text begin (b)new text end or deleted text begin (b)deleted text end new text begin (c)new text end is impossible, or when approaching and before passing an authorized deleted text begin emergencydeleted text end vehicle with its emergencynew text begin , flashing, or warningnew text end lights activated that is parked or otherwise stopped on or next to a street or highway having only one lane in the same direction, the driver of a vehicle must reduce the speed of the motor vehicle to a speed that is reasonable and prudent under the conditions until the motor vehicle has completely passed the parked or stopped deleted text begin emergencydeleted text end new text begin authorizednew text end vehicle, if it is possible to do so.

deleted text begin (d)deleted text end new text begin (e)new text end A peace officer may issue a citation to 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 this subdivision within the four-hour period following the termination of the incident or a receipt of a report under paragraph deleted text begin (e)deleted text end new text begin (f)new text end . The citation may be issued even though the violation was not committed in the presence of the peace officer.

deleted text begin (e)deleted text end new text begin (f)new text end Although probable cause may be otherwise satisfied by other evidentiary elements or factors, probable cause is sufficient for purposes of this subdivision when the person cited is operating the vehicle described by a member of the crew of an authorized emergency vehicle new text begin or a towing vehicle as defined in section 168B.011, subdivision 12a, new text end responding to an incident in a timely report of the violation of this subdivision, which includes a description of the vehicle used to commit the offense and the vehicle's license plate number. For the purposes of issuance of a citation under paragraph deleted text begin (d)deleted text end new text begin (e)new text end , "timely" means that the report must be made within a four-hour period following the termination of the incident.

deleted text begin (f) For purposes of paragraphs (a) to (c) only, "authorized emergency vehicle" and "emergency vehicle" include a towing vehicle defined in section 168B.011, subdivision 12a, that has activated flashing lights authorized under section 169.64, subdivision 3, in addition to the vehicles described in the definition for "authorized emergency vehicle" in section 169.011, subdivision 3. deleted text end

Sec. 4.

Minnesota Statutes 2018, section 169.64, subdivision 9, is amended to read:

Subd. 9.

Warning lamp on vehicles collecting solid wastenew text begin or recyclingnew text end .

A deleted text begin vehicle used to collectdeleted text end solid waste new text begin vehicle or recycling vehicle new text end may be equipped with a single amber deleted text begin gaseous dischargedeleted text end warning lamp that meets the new text begin most current new text end Society of Automotive Engineers standard deleted text begin J 1318deleted text end new text begin for authorized maintenance and service vehiclesnew text end , Class 2. The lamp may be operated only when the collection vehicle is in the process of collecting solid waste new text begin or recycling new text end and is either:

(1) stopped at an establishment where solid wastenew text begin or recyclingnew text end is to be collected; or

(2) traveling at a speed that is at least ten miles per hour below the posted speed limit and moving between establishments where solid waste new text begin or recycling new text end is to be collected.

Sec. 5.

new text begin REPEALER. new text end

new text begin Minnesota Statutes 2018, section 169.18, subdivision 12, new text end new text begin is repealed. new text end

Sec. 6.

new text begin EFFECTIVE DATE. new text end

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

Presented to the governor May 3, 2019

Signed by the governor May 3, 2019, 1:41 p.m.

Official Publication of the State of Minnesota
Revisor of Statutes