Bill Text: MN HF1592 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Lights permitted by licensed protective agents under escort circumstances, powers of licensed protective agents amended, and technical changes made.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-04-27 - Introduction and first reading, referred to Transportation Policy and Finance [HF1592 Detail]
Download: Minnesota-2011-HF1592-Introduced.html
1.2relating to traffic regulations; permitting use of lights by licensed protective
1.3agents under certain escort circumstances; amending powers of licensed
1.4protective agents; making technical changes;amending Minnesota Statutes 2010,
1.5sections 169.64, subdivision 3, by adding a subdivision; 169.86, subdivision 3b;
1.6326.338, subdivision 4.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2010, section 169.64, subdivision 3, is amended to read:
1.9 Subd. 3. Flashing lights. (a) Flashing lights are prohibited, except:
1.10(1) on an authorized emergency vehicle, school bus, bicycle as provided in section
1.11169.222, subdivision 6
, road maintenance equipment, tow truck or towing vehicle, service
1.12vehicle, farm tractor, self-propelled farm equipment, rural mail carrier vehicle, funeral
1.13home vehicle, or;
1.14(2) on any vehicle as a means of indicating a right or left turn,or as provided under
1.15section 169.57, subdivision 2;
1.16(3) in the presence of a vehicular traffic hazard requiring unusual care in approaching,
1.17overtaking, or passing, and as provided under section 169.59, subdivision 4; or
1.18(4) as authorized in this section.
1.19(b) All flashing warning lights shall be of the type authorized by section169.59,
1.20subdivision 4 , unless otherwise permitted or required in this chapter.
1.21 Sec. 2. Minnesota Statutes 2010, section 169.64, is amended by adding a subdivision
1.22to read:
2.1 Subd. 5a. Light on protective agent vehicle. (a) A person who is licensed as a
2.2protective agent under sections 326.32 to 326.339 may operate a vehicle with one or
2.3more lights as provided in this subdivision.
2.4(b) A person operating a vehicle may display the lights under this subdivision
2.5only when that person is escorting (1) another vehicle that is operating under a special
2.6permit issued under section 169.86 that requires use of flashing warning lights, or (2) a
2.7funeral procession.
2.8(c) The lights under this subdivision:
2.9(1) may be solid, flashing, oscillating, alternating, intermittent, or rotating;
2.10(2) may display to the front of the vehicle (i) white or amber lights, or (ii) lights
2.11projecting any shade of color between white and amber;
2.12(3) may display to the front or rear of the vehicle (i) amber or red lights, or (ii) lights
2.13projecting any shade of color between amber and red; and
2.14(4) must meet the requirements of the commissioner of public safety under section
2.15169.65.
2.16 Sec. 3. Minnesota Statutes 2010, section 169.86, subdivision 3b, is amended to read:
2.17 Subd. 3b. Escort vehicles. (a) The commissioner or local authority shall specify
2.18in the permit:
2.19(1) the minimum number of escort vehicles required to escort the overdimensional
2.20load;and
2.21(2) whether and the manner in which flashing warning lights are required; and
2.22(3) whether the operators of the escort vehicles:
2.23(i) must be certified licensed peace officers or licensed protective agents under
2.24section 326.338, subdivision 4; or
2.25(ii) may be overdimensional load escort drivers who hold a current certificate under
2.26section299D.085 .
2.27(b) For a permit under this section requiring escort of the overdimensional load, the
2.28commissioner of transportation may not adopt a rule or other regulation that, whether
2.29directly or indirectly, (1) bars licensed protective agents from performing the traffic
2.30control duties under section 326.338, subdivision 4, clause (4); or (2) has the effect
2.31of requiring the permit holder to obtain escort services specifically from either a peace
2.32officer or a licensed protective agent.
2.33EFFECTIVE DATE.Paragraph (a) is effective on the same day as the effective
2.34date of Laws 2010, chapter 311, section 2. Paragraph (b) is effective August 1, 2011.
3.1 Sec. 4. Minnesota Statutes 2010, section 326.338, subdivision 4, is amended to read:
3.2 Subd. 4. Protective agent. A person who for a fee, reward, or other valuable
3.3consideration undertakes any of the following acts is considered to be engaged in the
3.4business of protective agent:
3.5(1) providing guards, private patrol, or other security personnel to protect persons or
3.6their property or to prevent the theft, unlawful taking of goods, merchandise, or money, or
3.7to prevent the misappropriation or concealment of goods, merchandise, money, or other
3.8valuable things, or to procure the return of those things;
3.9(2) physically responding to any alarm signal device, burglar alarm, television
3.10camera, still camera, or a mechanical or electronic device installed or used to prevent or
3.11detect burglary, theft, shoplifting, pilferage, losses, or other security measures;
3.12(3) providing armored car services for the protection of persons or property;
3.13(4) controlling motor traffic on public streets, roads, and highways for the purpose of
3.14escorting a funeral procession and oversized loads, including but not limited to controlling
3.15right-of-way of oncoming traffic; or
3.16(5) providing management and control of crowds for the purpose of safety and
3.17protection.
3.18A person covered by this subdivision may perform the traffic-control duties in clause
3.19(4) in place of apolice peace officer when a special permit is required, provided that
3.20the protective agent is first-aid qualified.
1.3agents under certain escort circumstances; amending powers of licensed
1.4protective agents; making technical changes;amending Minnesota Statutes 2010,
1.5sections 169.64, subdivision 3, by adding a subdivision; 169.86, subdivision 3b;
1.6326.338, subdivision 4.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2010, section 169.64, subdivision 3, is amended to read:
1.9 Subd. 3. Flashing lights. (a) Flashing lights are prohibited, except:
1.10(1) on an authorized emergency vehicle, school bus, bicycle as provided in section
1.12vehicle, farm tractor, self-propelled farm equipment, rural mail carrier vehicle, funeral
1.13home vehicle
1.14(2) on any vehicle as a means of indicating a right or left turn,
1.15section 169.57, subdivision 2;
1.16(3) in the presence of a vehicular traffic hazard requiring unusual care in approaching,
1.17overtaking, or passing, and as provided under section 169.59, subdivision 4; or
1.18(4) as authorized in this section.
1.19(b) All flashing warning lights shall be of the type authorized by section
1.20subdivision 4
1.21 Sec. 2. Minnesota Statutes 2010, section 169.64, is amended by adding a subdivision
1.22to read:
2.1 Subd. 5a. Light on protective agent vehicle. (a) A person who is licensed as a
2.2protective agent under sections 326.32 to 326.339 may operate a vehicle with one or
2.3more lights as provided in this subdivision.
2.4(b) A person operating a vehicle may display the lights under this subdivision
2.5only when that person is escorting (1) another vehicle that is operating under a special
2.6permit issued under section 169.86 that requires use of flashing warning lights, or (2) a
2.7funeral procession.
2.8(c) The lights under this subdivision:
2.9(1) may be solid, flashing, oscillating, alternating, intermittent, or rotating;
2.10(2) may display to the front of the vehicle (i) white or amber lights, or (ii) lights
2.11projecting any shade of color between white and amber;
2.12(3) may display to the front or rear of the vehicle (i) amber or red lights, or (ii) lights
2.13projecting any shade of color between amber and red; and
2.14(4) must meet the requirements of the commissioner of public safety under section
2.15169.65.
2.16 Sec. 3. Minnesota Statutes 2010, section 169.86, subdivision 3b, is amended to read:
2.17 Subd. 3b. Escort vehicles. (a) The commissioner or local authority shall specify
2.18in the permit:
2.19(1) the minimum number of escort vehicles required to escort the overdimensional
2.20load;
2.21(2) whether and the manner in which flashing warning lights are required; and
2.22(3) whether the operators of the escort vehicles:
2.23(i) must be certified licensed peace officers or licensed protective agents under
2.24section 326.338, subdivision 4; or
2.25(ii) may be overdimensional load escort drivers who hold a current certificate under
2.26section
2.27(b) For a permit under this section requiring escort of the overdimensional load, the
2.28commissioner of transportation may not adopt a rule or other regulation that, whether
2.29directly or indirectly, (1) bars licensed protective agents from performing the traffic
2.30control duties under section 326.338, subdivision 4, clause (4); or (2) has the effect
2.31of requiring the permit holder to obtain escort services specifically from either a peace
2.32officer or a licensed protective agent.
2.33EFFECTIVE DATE.Paragraph (a) is effective on the same day as the effective
2.34date of Laws 2010, chapter 311, section 2. Paragraph (b) is effective August 1, 2011.
3.1 Sec. 4. Minnesota Statutes 2010, section 326.338, subdivision 4, is amended to read:
3.2 Subd. 4. Protective agent. A person who for a fee, reward, or other valuable
3.3consideration undertakes any of the following acts is considered to be engaged in the
3.4business of protective agent:
3.5(1) providing guards, private patrol, or other security personnel to protect persons or
3.6their property or to prevent the theft, unlawful taking of goods, merchandise, or money, or
3.7to prevent the misappropriation or concealment of goods, merchandise, money, or other
3.8valuable things, or to procure the return of those things;
3.9(2) physically responding to any alarm signal device, burglar alarm, television
3.10camera, still camera, or a mechanical or electronic device installed or used to prevent or
3.11detect burglary, theft, shoplifting, pilferage, losses, or other security measures;
3.12(3) providing armored car services for the protection of persons or property;
3.13(4) controlling motor traffic on public streets, roads, and highways for the purpose of
3.14escorting a funeral procession and oversized loads, including but not limited to controlling
3.15right-of-way of oncoming traffic; or
3.16(5) providing management and control of crowds for the purpose of safety and
3.17protection.
3.18A person covered by this subdivision may perform the traffic-control duties in clause
3.19(4) in place of a
3.20the protective agent is first-aid qualified.
