Bill Text: MN HF1796 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Highway safety work zone prohibitions, requirements, and penalties amended; legislative report mandated; and money appropriated.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2014-03-26 - Second reading [HF1796 Detail]
Download: Minnesota-2013-HF1796-Engrossed.html
1.2relating to transportation; amending prohibitions, requirements, and penalties
1.3related to highway safety in work zones; mandating legislative report;
1.4appropriating money;amending Minnesota Statutes 2012, sections 169.011, by
1.5adding a subdivision; 169.06, subdivision 4, by adding a subdivision; 169.14,
1.6subdivision 5d, by adding a subdivision; 169.475, by adding a subdivision;
1.7proposing coding for new law in Minnesota Statutes, chapter 169.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2012, section 169.011, is amended by adding a
1.10subdivision to read:
1.11 Subd. 95. Work zone. "Work zone" means a segment of street or highway for which:
1.12(1) a road authority or its agent is constructing, reconstructing, or maintaining the
1.13physical structure of the roadway, which may include but is not limited to shoulders,
1.14features adjacent to the roadway, and utilities and highway appurtenances, whether
1.15underground or overhead; and
1.16(2) any of the following applies:
1.17(i) official traffic-control devices that indicate the segment of street or highway under
1.18construction, reconstruction, or maintenance, are erected;
1.19(ii) one or more lanes of traffic are closed;
1.20(iii) a flagger under section 169.06, subdivision 4a, is present;
1.21(iv) a construction zone speed limit under section 169.14, subdivision 4, is
1.22established; or
1.23(v) a workers present speed limit under section 169.14, subdivision 5d, is in effect.
1.24EFFECTIVE DATE.This section is effective August 1, 2014.
2.1 Sec. 2. Minnesota Statutes 2012, section 169.06, subdivision 4, is amended to read:
2.2 Subd. 4. Obedience to traffic-control signal orflagger authorized persons;
2.3presumptions. (a) The driver of any vehicle shall obey the instructions of any official
2.4traffic-control device applicable thereto placed in accordance with the provisions of this
2.5chapter, unless otherwise directed by a police officer or by a flagger authorized under this
2.6subdivision, subject to the exceptions granted the driver of an authorized emergency
2.7vehicle in this chapter.
2.8(b) No provision of this chapter for which official traffic-control devices are required
2.9shall be enforced against an alleged violator if at the time and place of the alleged
2.10violation an official device is not in proper position and sufficiently legible to be seen by
2.11an ordinarily observant person. Whenever a particular section does not state that official
2.12traffic-control devices are required, such section shall be effective even though no devices
2.13are erected or in place.
2.14(c) Whenever official traffic-control devices are placed in position approximately
2.15conforming to the requirements of this chapter, such devices shall be presumed to have
2.16been so placed by the official act or direction of lawful authority, unless the contrary
2.17shall be established by competent evidence.
2.18(d) Any official traffic-control device placed pursuant to the provisions of this
2.19chapter and purporting to conform to the lawful requirements pertaining to such devices
2.20shall be presumed to comply with the requirements of this chapter, unless the contrary
2.21shall be established by competent evidence.
2.22(e)A flagger in a designated work zone may stop vehicles and hold vehicles in place
2.23until it is safe for the vehicles to proceed. A person operating a motor vehicle that has
2.24been stopped by a flagger in a designated work zone may proceed after stopping only on
2.25instruction by the flagger.
2.26(f) An overdimensional load escort driver with a certificate issued under section
2.27299D.085
, while acting as a flagger escorting a legal overdimensional load, may stop
2.28vehicles and hold vehicles in place until it is safe for the vehicles to proceed. A person
2.29operating a motor vehicle that has been stopped by an escort driver acting as a flagger may
2.30proceed only on instruction by the flagger or a police officer.
2.31(g) (f) A person may stop and hold vehicles in place until it is safe for the vehicles to
2.32proceed, if the person: (1) holds a motorcycle road guard certificate issued under section
2.33171.60
; (2) meets the safety and equipment standards for operating under the certificate;
2.34(3) is acting as a flagger escorting a motorcycle group ride; (4) has notified each statutory
2.35or home rule charter city through which the motorcycle group is proceeding; and (5)
2.36has obtained consent from the chief of police, or the chief's designee, of any city of the
3.1first class through which the group is proceeding. A flagger operating as provided under
3.2this paragraph may direct operators of motorcycles within a motorcycle group ride or
3.3other vehicle traffic, notwithstanding any contrary indication of a traffic-control device,
3.4including stop signs or traffic-control signals. A person operating a vehicle that has been
3.5stopped by a flagger under this paragraph may proceed only on instruction by the flagger
3.6or a police officer.
3.7EFFECTIVE DATE.This section is effective August 1, 2014.
3.8 Sec. 3. Minnesota Statutes 2012, section 169.06, is amended by adding a subdivision
3.9to read:
3.10 Subd. 4a. Obedience to work zone flagger; violation, penalty. (a) A flagger in a
3.11work zone may stop vehicles and hold vehicles in place until it is safe for the vehicles to
3.12proceed. A person operating a motor vehicle that has been stopped by a flagger in a work
3.13zone may proceed after stopping only on instruction by the flagger or a police officer.
3.14(b) Notwithstanding section 299D.03, subdivision 5, or 609.0331, or any other
3.15law to the contrary, a person operating a motor vehicle who violates this subdivision is
3.16subject to a fine of $300 in addition to the surcharge under section 357.021, subdivision
3.176. The fines collected under this paragraph must be deposited in the work zone safety
3.18account under section 169.255.
3.19(c) A peace officer may stop and issue a citation to the driver of a motor vehicle if
3.20the peace officer has probable cause to believe that the driver has operated the vehicle
3.21in violation of paragraph (a) within the past four hours.
3.22(d) If a motor vehicle is operated in violation of paragraph (a), the owner of the
3.23vehicle, or for a leased motor vehicle the lessee of the vehicle, is guilty of a petty
3.24misdemeanor and is subject to a fine as provided in paragraph (b). The owner or lessee may
3.25not be fined under this paragraph if (1) another person is convicted for that violation, or (2)
3.26the motor vehicle was stolen at the time of the violation. This paragraph does not apply to a
3.27lessor of a motor vehicle if the lessor keeps a record of the name and address of the lessee.
3.28(e) Paragraph (d) does not prohibit or limit the prosecution of a motor vehicle
3.29operator for violating paragraph (a).
3.30(f) A violation under paragraph (d) does not constitute grounds for revocation or
3.31suspension of a driver's license.
3.32EFFECTIVE DATE.This section is effective August 1, 2014, and applies to
3.33violations committed on or after that date.
4.1 Sec. 4. Minnesota Statutes 2012, section 169.14, subdivision 5d, is amended to read:
4.2 Subd. 5d. Speedzoning limit in work zone; surcharge when workers present.
4.3(a) Notwithstanding subdivision 2 and subject to subdivision 3, the speed limit on a
4.4road having an established speed limit of 50 miles per hour or greater is adjusted to 45
4.5miles per hour in a work zone when (1) at least one lane or portion of a lane of traffic is
4.6closed in either direction, and (2) workers are present. A speed in excess of the adjusted
4.7speed limit is unlawful.
4.8(b) Paragraph (a) does not apply to a segment of road in which:
4.9(1) positive barriers are placed between workers and the traveled portion of the
4.10highway;
4.11(2) the work zone is in place for less than 24 hours;
4.12(3) a different speed limit for the work zone is determined by the road authority
4.13following an engineering and traffic investigation and based on accepted engineering
4.14practice; or
4.15(4) a different speed limit for the work zone is established by the road authority
4.16under paragraph (c).
4.17(c) The commissioner, on trunk highways and temporary trunk highways, and
4.18local authorities, on streets and highways under their jurisdiction, may authorize the use
4.19of reduced maximum speed limits inhighway work zones. The commissioner or local
4.20authority is not required to conduct when workers are present, without an engineering and
4.21traffic investigationbefore authorizing a reduced speed limit in a highway work zone
4.22 required. The work zone speed limit must not reduce the speed limit on the affected
4.23street or highway by more than:
4.24(b) The minimum highway work zone speed limit is 20 miles per hour. The work
4.25zone speed limit must not reduce the established speed limit on the affected street or
4.26highway by more than 15 miles per hour, except that the highway work zone speed limit
4.27must not exceed 40 miles per hour. The commissioner or local authority shall post the limits
4.28of the work zone. Highway work zone speed limits are effective on erection of appropriate
4.29regulatory speed limit signs. The signs must be removed or covered when they are not
4.30required. A speed greater than the posted highway work zone speed limit is unlawful.
4.31(c) Notwithstanding paragraph (b), on divided highways the commissioner or local
4.32authority may establish a highway work zone speed limit that does not exceed 55 miles
4.33per hour.
4.34(d) Notwithstanding paragraph (b), on two-lane highways having one lane for
4.35each direction of travel with a posted speed limit of 60 miles per hour or greater, the
5.1commissioner or local authority may establish a highway work zone speed limit that
5.2does not exceed 40 miles per hour.
5.3(e) For purposes of this subdivision, "highway work zone" means a segment of
5.4highway or street where a road authority or its agent is constructing, reconstructing, or
5.5maintaining the physical structure of the roadway, its shoulders, or features adjacent to
5.6the roadway, including underground and overhead utilities and highway appurtenances,
5.7when workers are present.
5.8(f) Notwithstanding section
609.0331 or
609.101 or other law to the contrary, a person
5.9who violates a speed limit established under this subdivision, or who violates any other
5.10provision of this section while in a highway work zone, is assessed an additional surcharge
5.11equal to the amount of the fine imposed for the speed violation, but not less than $25.
5.12(1) 20 miles per hour on a street or highway having an established speed limit of
5.1355 miles per hour or greater; and
5.14(2) 15 miles per hour on a street or highway having an established speed limit of
5.1550 miles per hour or less.
5.16(d) A work zone speed limit under paragraph (c) is effective on erection of
5.17appropriate regulatory speed limit signs. The signs must be removed or covered when
5.18they are not required. A speed in excess of the posted work zone speed limit is unlawful.
5.19(e) For any speed limit under this subdivision, a road authority shall erect signs
5.20identifying the speed limit and indicating the beginning and end of the speed limit zone.
5.21EFFECTIVE DATE.This section is effective August 1, 2014, and applies to
5.22violations committed on or after that date.
5.23 Sec. 5. Minnesota Statutes 2012, section 169.14, is amended by adding a subdivision
5.24to read:
5.25 Subd. 6a. Work zone speed limit violations. Notwithstanding section 299D.03,
5.26subdivision 5, or 609.0331, or any other law to the contrary, a person operating a motor
5.27vehicle who violates a speed limit in a work zone, or who violates any other provision of
5.28this section while in a work zone, is subject to a fine of $300 in addition to the surcharge
5.29under section 357.021, subdivision 6. The fines collected under this subdivision must be
5.30deposited in the work zone safety account under section 169.255.
5.31EFFECTIVE DATE.This section is effective August 1, 2014, and applies to
5.32violations committed on or after that date.
5.33 Sec. 6. [169.255] WORK ZONE SAFETY.
6.1 Subdivision 1. Work zone safety account; appropriation. (a) A work zone safety
6.2account is established in the special revenue fund. The account consists of fines for work
6.3zone related violations as specified under this chapter, and any other money donated,
6.4allotted, transferred, or otherwise provided to the account.
6.5(b) The commissioner of management and budget shall annually transfer $28,000
6.6from the work zone safety account to the general fund.
6.7(c) Following the transfer under paragraph (b), the revenue in the work zone safety
6.8account under this subdivision is annually appropriated to the commissioner for:
6.9(1) enhanced traffic enforcement efforts at work zones under the jurisdiction of the
6.10commissioner and local road authorities; and
6.11(2) information, training, and educational campaigns to raise awareness about work
6.12zones.
6.13 Subd. 2. Legislative report. Annually by October 1, the commissioner shall submit
6.14a report on work zone safety to the chairs and ranking minority members of the legislative
6.15committees with jurisdiction over transportation policy and finance. At a minimum,
6.16the report must:
6.17(1) summarize the amount and uses of funds from the work zone safety account;
6.18(2) analyze impacts of work zone traffic enforcement on vehicle speeds, crash
6.19rates, and traffic safety;
6.20(3) evaluate the effectiveness of work zone safety efforts; and
6.21(4) propose legislative changes, if any, related to work zone safety.
6.22EFFECTIVE DATE.Subdivision 1 is effective July 1, 2014. Subdivision 2 is
6.23effective the day following final enactment, applies for reports due on or after October
6.241, 2015, and expires on October 2, 2017.
6.25 Sec. 7. Minnesota Statutes 2012, section 169.475, is amended by adding a subdivision
6.26to read:
6.27 Subd. 2a. Prohibition on use; work zones. Notwithstanding subdivision 3, clauses
6.28(1) and (2), no person may operate a motor vehicle while using a cellular phone, whether
6.29handheld or hands-free, when the vehicle is (i) in motion or a part of traffic, and (ii) in
6.30a work zone, when workers are present.
6.31EFFECTIVE DATE.This section is effective August 1, 2014, and applies to
6.32violations committed on or after that date.
1.3related to highway safety in work zones; mandating legislative report;
1.4appropriating money;amending Minnesota Statutes 2012, sections 169.011, by
1.5adding a subdivision; 169.06, subdivision 4, by adding a subdivision; 169.14,
1.6subdivision 5d, by adding a subdivision; 169.475, by adding a subdivision;
1.7proposing coding for new law in Minnesota Statutes, chapter 169.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2012, section 169.011, is amended by adding a
1.10subdivision to read:
1.11 Subd. 95. Work zone. "Work zone" means a segment of street or highway for which:
1.12(1) a road authority or its agent is constructing, reconstructing, or maintaining the
1.13physical structure of the roadway, which may include but is not limited to shoulders,
1.14features adjacent to the roadway, and utilities and highway appurtenances, whether
1.15underground or overhead; and
1.16(2) any of the following applies:
1.17(i) official traffic-control devices that indicate the segment of street or highway under
1.18construction, reconstruction, or maintenance, are erected;
1.19(ii) one or more lanes of traffic are closed;
1.20(iii) a flagger under section 169.06, subdivision 4a, is present;
1.21(iv) a construction zone speed limit under section 169.14, subdivision 4, is
1.22established; or
1.23(v) a workers present speed limit under section 169.14, subdivision 5d, is in effect.
1.24EFFECTIVE DATE.This section is effective August 1, 2014.
2.1 Sec. 2. Minnesota Statutes 2012, section 169.06, subdivision 4, is amended to read:
2.2 Subd. 4. Obedience to traffic-control signal or
2.3presumptions. (a) The driver of any vehicle shall obey the instructions of any official
2.4traffic-control device applicable thereto placed in accordance with the provisions of this
2.5chapter, unless otherwise directed by a police officer or by a flagger authorized under this
2.6subdivision, subject to the exceptions granted the driver of an authorized emergency
2.7vehicle in this chapter.
2.8(b) No provision of this chapter for which official traffic-control devices are required
2.9shall be enforced against an alleged violator if at the time and place of the alleged
2.10violation an official device is not in proper position and sufficiently legible to be seen by
2.11an ordinarily observant person. Whenever a particular section does not state that official
2.12traffic-control devices are required, such section shall be effective even though no devices
2.13are erected or in place.
2.14(c) Whenever official traffic-control devices are placed in position approximately
2.15conforming to the requirements of this chapter, such devices shall be presumed to have
2.16been so placed by the official act or direction of lawful authority, unless the contrary
2.17shall be established by competent evidence.
2.18(d) Any official traffic-control device placed pursuant to the provisions of this
2.19chapter and purporting to conform to the lawful requirements pertaining to such devices
2.20shall be presumed to comply with the requirements of this chapter, unless the contrary
2.21shall be established by competent evidence.
2.22(e)
2.23
2.24
2.25
2.26
2.28vehicles and hold vehicles in place until it is safe for the vehicles to proceed. A person
2.29operating a motor vehicle that has been stopped by an escort driver acting as a flagger may
2.30proceed only on instruction by the flagger or a police officer.
2.31
2.32proceed, if the person: (1) holds a motorcycle road guard certificate issued under section
2.34(3) is acting as a flagger escorting a motorcycle group ride; (4) has notified each statutory
2.35or home rule charter city through which the motorcycle group is proceeding; and (5)
2.36has obtained consent from the chief of police, or the chief's designee, of any city of the
3.1first class through which the group is proceeding. A flagger operating as provided under
3.2this paragraph may direct operators of motorcycles within a motorcycle group ride or
3.3other vehicle traffic, notwithstanding any contrary indication of a traffic-control device,
3.4including stop signs or traffic-control signals. A person operating a vehicle that has been
3.5stopped by a flagger under this paragraph may proceed only on instruction by the flagger
3.6or a police officer.
3.7EFFECTIVE DATE.This section is effective August 1, 2014.
3.8 Sec. 3. Minnesota Statutes 2012, section 169.06, is amended by adding a subdivision
3.9to read:
3.10 Subd. 4a. Obedience to work zone flagger; violation, penalty. (a) A flagger in a
3.11work zone may stop vehicles and hold vehicles in place until it is safe for the vehicles to
3.12proceed. A person operating a motor vehicle that has been stopped by a flagger in a work
3.13zone may proceed after stopping only on instruction by the flagger or a police officer.
3.14(b) Notwithstanding section 299D.03, subdivision 5, or 609.0331, or any other
3.15law to the contrary, a person operating a motor vehicle who violates this subdivision is
3.16subject to a fine of $300 in addition to the surcharge under section 357.021, subdivision
3.176. The fines collected under this paragraph must be deposited in the work zone safety
3.18account under section 169.255.
3.19(c) A peace officer may stop and issue a citation to the driver of a motor vehicle if
3.20the peace officer has probable cause to believe that the driver has operated the vehicle
3.21in violation of paragraph (a) within the past four hours.
3.22(d) If a motor vehicle is operated in violation of paragraph (a), the owner of the
3.23vehicle, or for a leased motor vehicle the lessee of the vehicle, is guilty of a petty
3.24misdemeanor and is subject to a fine as provided in paragraph (b). The owner or lessee may
3.25not be fined under this paragraph if (1) another person is convicted for that violation, or (2)
3.26the motor vehicle was stolen at the time of the violation. This paragraph does not apply to a
3.27lessor of a motor vehicle if the lessor keeps a record of the name and address of the lessee.
3.28(e) Paragraph (d) does not prohibit or limit the prosecution of a motor vehicle
3.29operator for violating paragraph (a).
3.30(f) A violation under paragraph (d) does not constitute grounds for revocation or
3.31suspension of a driver's license.
3.32EFFECTIVE DATE.This section is effective August 1, 2014, and applies to
3.33violations committed on or after that date.
4.1 Sec. 4. Minnesota Statutes 2012, section 169.14, subdivision 5d, is amended to read:
4.2 Subd. 5d. Speed
4.3(a) Notwithstanding subdivision 2 and subject to subdivision 3, the speed limit on a
4.4road having an established speed limit of 50 miles per hour or greater is adjusted to 45
4.5miles per hour in a work zone when (1) at least one lane or portion of a lane of traffic is
4.6closed in either direction, and (2) workers are present. A speed in excess of the adjusted
4.7speed limit is unlawful.
4.8(b) Paragraph (a) does not apply to a segment of road in which:
4.9(1) positive barriers are placed between workers and the traveled portion of the
4.10highway;
4.11(2) the work zone is in place for less than 24 hours;
4.12(3) a different speed limit for the work zone is determined by the road authority
4.13following an engineering and traffic investigation and based on accepted engineering
4.14practice; or
4.15(4) a different speed limit for the work zone is established by the road authority
4.16under paragraph (c).
4.17(c) The commissioner, on trunk highways and temporary trunk highways, and
4.18local authorities, on streets and highways under their jurisdiction, may authorize the use
4.19of reduced maximum speed limits in
4.20
4.21traffic investigation
4.22 required. The work zone speed limit must not reduce the speed limit on the affected
4.23street or highway by more than:
4.24
4.25
4.26
4.27
4.28
4.29
4.30
4.31
4.32
4.33
4.34
4.35
5.1
5.2
5.3
5.4
5.5
5.6
5.7
5.8
5.9
5.10
5.11
5.12(1) 20 miles per hour on a street or highway having an established speed limit of
5.1355 miles per hour or greater; and
5.14(2) 15 miles per hour on a street or highway having an established speed limit of
5.1550 miles per hour or less.
5.16(d) A work zone speed limit under paragraph (c) is effective on erection of
5.17appropriate regulatory speed limit signs. The signs must be removed or covered when
5.18they are not required. A speed in excess of the posted work zone speed limit is unlawful.
5.19(e) For any speed limit under this subdivision, a road authority shall erect signs
5.20identifying the speed limit and indicating the beginning and end of the speed limit zone.
5.21EFFECTIVE DATE.This section is effective August 1, 2014, and applies to
5.22violations committed on or after that date.
5.23 Sec. 5. Minnesota Statutes 2012, section 169.14, is amended by adding a subdivision
5.24to read:
5.25 Subd. 6a. Work zone speed limit violations. Notwithstanding section 299D.03,
5.26subdivision 5, or 609.0331, or any other law to the contrary, a person operating a motor
5.27vehicle who violates a speed limit in a work zone, or who violates any other provision of
5.28this section while in a work zone, is subject to a fine of $300 in addition to the surcharge
5.29under section 357.021, subdivision 6. The fines collected under this subdivision must be
5.30deposited in the work zone safety account under section 169.255.
5.31EFFECTIVE DATE.This section is effective August 1, 2014, and applies to
5.32violations committed on or after that date.
5.33 Sec. 6. [169.255] WORK ZONE SAFETY.
6.1 Subdivision 1. Work zone safety account; appropriation. (a) A work zone safety
6.2account is established in the special revenue fund. The account consists of fines for work
6.3zone related violations as specified under this chapter, and any other money donated,
6.4allotted, transferred, or otherwise provided to the account.
6.5(b) The commissioner of management and budget shall annually transfer $28,000
6.6from the work zone safety account to the general fund.
6.7(c) Following the transfer under paragraph (b), the revenue in the work zone safety
6.8account under this subdivision is annually appropriated to the commissioner for:
6.9(1) enhanced traffic enforcement efforts at work zones under the jurisdiction of the
6.10commissioner and local road authorities; and
6.11(2) information, training, and educational campaigns to raise awareness about work
6.12zones.
6.13 Subd. 2. Legislative report. Annually by October 1, the commissioner shall submit
6.14a report on work zone safety to the chairs and ranking minority members of the legislative
6.15committees with jurisdiction over transportation policy and finance. At a minimum,
6.16the report must:
6.17(1) summarize the amount and uses of funds from the work zone safety account;
6.18(2) analyze impacts of work zone traffic enforcement on vehicle speeds, crash
6.19rates, and traffic safety;
6.20(3) evaluate the effectiveness of work zone safety efforts; and
6.21(4) propose legislative changes, if any, related to work zone safety.
6.22EFFECTIVE DATE.Subdivision 1 is effective July 1, 2014. Subdivision 2 is
6.23effective the day following final enactment, applies for reports due on or after October
6.241, 2015, and expires on October 2, 2017.
6.25 Sec. 7. Minnesota Statutes 2012, section 169.475, is amended by adding a subdivision
6.26to read:
6.27 Subd. 2a. Prohibition on use; work zones. Notwithstanding subdivision 3, clauses
6.28(1) and (2), no person may operate a motor vehicle while using a cellular phone, whether
6.29handheld or hands-free, when the vehicle is (i) in motion or a part of traffic, and (ii) in
6.30a work zone, when workers are present.
6.31EFFECTIVE DATE.This section is effective August 1, 2014, and applies to
6.32violations committed on or after that date.
