Bill Text: MN HF2008 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Motorcycle road guard certificate established.
Sponsorship: Moderate Partisan Bill (Republican 5-1)
Status: (Introduced - Dead) 2012-02-20 - Committee report, to pass and re-refer to Public Safety and Crime Prevention Policy and Finance [HF2008 Detail]
Download: Minnesota-2011-HF2008-Introduced.html
1.2relating to public safety; traffic regulations; establishing a motorcycle road guard
1.3certificate; providing criminal penalties;amending Minnesota Statutes 2010,
1.4section 169.06, subdivision 4; proposing coding for new law in Minnesota
1.5Statutes, chapter 171.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 169.06, subdivision 4, is amended to read:
1.8 Subd. 4. Obedience to traffic-control signal or flagger; presumptions. (a) The
1.9driver of any vehicle shall obey the instructions of any official traffic-control device
1.10applicable thereto placed in accordance with the provisions of this chapter, unless
1.11otherwise directed by a police officer or by acertified overdimensional load escort driver
1.12flagger authorized under this subdivision, subject to the exceptions granted the driver of
1.13an authorized emergency vehicle in this chapter.
1.14(b) No provision of this chapter for which official traffic-control devices are required
1.15shall be enforced against an alleged violator if at the time and place of the alleged
1.16violation an official device is not in proper position and sufficiently legible to be seen by
1.17an ordinarily observant person. Whenever a particular section does not state that official
1.18traffic-control devices are required, such section shall be effective even though no devices
1.19are erected or in place.
1.20(c) Whenever official traffic-control devices are placed in position approximately
1.21conforming to the requirements of this chapter, such devices shall be presumed to have
1.22been so placed by the official act or direction of lawful authority, unless the contrary
1.23shall be established by competent evidence.
1.24(d) Any official traffic-control device placed pursuant to the provisions of this
1.25chapter and purporting to conform to the lawful requirements pertaining to such devices
2.1shall be presumed to comply with the requirements of this chapter, unless the contrary
2.2shall be established by competent evidence.
2.3(e) A flagger in a designated work zone may stop vehicles and hold vehicles in place
2.4until it is safe for the vehicles to proceed. A person operating a motor vehicle that has
2.5been stopped by a flagger in a designated work zone may proceed after stopping only on
2.6instruction by the flagger.
2.7(f) An overdimensional load escort driver with a certificate issued under section
2.8299D.085
, while acting as a flagger escorting a legal overdimensional load, may stop
2.9vehicles and hold vehicles in place until it is safe for the vehicles to proceed. A person
2.10operating a motor vehicle that has been stopped by an escort driver acting as a flagger may
2.11proceed only on instruction by the flagger or a police officer.
2.12(g) A person may stop and hold vehicles in place until it is safe for the vehicles
2.13to proceed, if the person: (1) holds a motorcycle road guard certificate issued under
2.14section 171.60; (2) meets the safety and equipment standards for operating under the
2.15certificate; and (3) is acting as a flagger escorting a motorcycle group ride. A flagger
2.16operating as provided under this paragraph may direct operators of motorcycles within a
2.17motorcycle group ride or other vehicle traffic, notwithstanding any contrary indication of a
2.18traffic-control device, including stop signs or traffic-control signals. A person operating
2.19a vehicle that has been stopped by a flagger under this paragraph may proceed only on
2.20instruction by the flagger or a police officer.
2.21 Sec. 2. [171.60] MOTORCYCLE ROAD GUARD CERTIFICATE.
2.22 Subdivision 1. Certificate required. No person may perform traffic control as a
2.23motorcycle road guard as provided under chapter 169 without a valid motorcycle road
2.24guard certificate issued by the commissioner.
2.25 Subd. 2. Certification qualifications and standards; fee. Through the Minnesota
2.26Motorcycle Safety Center, the commissioner of public safety shall:
2.27(1) establish qualifications and requirements for a person to obtain a motorcycle road
2.28guard certificate under this section, which must include:
2.29(i) a minimum 18 years of age;
2.30(ii) possession of a valid driver's license; and
2.31(iii) successful completion of a motorcycle road guard certification course;
2.32(2) develop and offer, whether by the Minnesota Motorcycle Safety Center or
2.33authorized agents, a motorcycle road guard certification course; and
3.1(3) establish safety and equipment standards for a person who operates under a
3.2motorcycle road guard certificate, including but not limited to specifying requirements
3.3for a reflective safety vest.
3.4 Subd. 3. Fee. The commissioner of public safety shall assess a fee for each applicant
3.5for a motorcycle road guard certificate, calculated to cover the commissioner's cost of
3.6establishing and administering the program.
3.7 Subd. 4. Penalty. A person who violates any provision of this section is guilty
3.8of a petty misdemeanor.
3.9 Subd. 5. Rulemaking. The commissioner of public safety shall adopt rules to carry
3.10out the provisions of this section. Notwithstanding section 16A.1283, the rules must
3.11specify the fee to be assessed under subdivision 3.
3.12 Sec. 3. EFFECTIVE DATE.
3.13Sections 1 and 2, subdivisions 1 to 4, are effective one year after publication in the
3.14State Register of rules adopted under section 2, subdivision 5. Section 2, subdivision 5, is
3.15effective the day following final enactment.
1.3certificate; providing criminal penalties;amending Minnesota Statutes 2010,
1.4section 169.06, subdivision 4; proposing coding for new law in Minnesota
1.5Statutes, chapter 171.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 169.06, subdivision 4, is amended to read:
1.8 Subd. 4. Obedience to traffic-control signal or flagger; presumptions. (a) The
1.9driver of any vehicle shall obey the instructions of any official traffic-control device
1.10applicable thereto placed in accordance with the provisions of this chapter, unless
1.11otherwise directed by a police officer or by a
1.12flagger authorized under this subdivision, subject to the exceptions granted the driver of
1.13an authorized emergency vehicle in this chapter.
1.14(b) No provision of this chapter for which official traffic-control devices are required
1.15shall be enforced against an alleged violator if at the time and place of the alleged
1.16violation an official device is not in proper position and sufficiently legible to be seen by
1.17an ordinarily observant person. Whenever a particular section does not state that official
1.18traffic-control devices are required, such section shall be effective even though no devices
1.19are erected or in place.
1.20(c) Whenever official traffic-control devices are placed in position approximately
1.21conforming to the requirements of this chapter, such devices shall be presumed to have
1.22been so placed by the official act or direction of lawful authority, unless the contrary
1.23shall be established by competent evidence.
1.24(d) Any official traffic-control device placed pursuant to the provisions of this
1.25chapter and purporting to conform to the lawful requirements pertaining to such devices
2.1shall be presumed to comply with the requirements of this chapter, unless the contrary
2.2shall be established by competent evidence.
2.3(e) A flagger in a designated work zone may stop vehicles and hold vehicles in place
2.4until it is safe for the vehicles to proceed. A person operating a motor vehicle that has
2.5been stopped by a flagger in a designated work zone may proceed after stopping only on
2.6instruction by the flagger.
2.7(f) An overdimensional load escort driver with a certificate issued under section
2.9vehicles and hold vehicles in place until it is safe for the vehicles to proceed. A person
2.10operating a motor vehicle that has been stopped by an escort driver acting as a flagger may
2.11proceed only on instruction by the flagger or a police officer.
2.12(g) A person may stop and hold vehicles in place until it is safe for the vehicles
2.13to proceed, if the person: (1) holds a motorcycle road guard certificate issued under
2.14section 171.60; (2) meets the safety and equipment standards for operating under the
2.15certificate; and (3) is acting as a flagger escorting a motorcycle group ride. A flagger
2.16operating as provided under this paragraph may direct operators of motorcycles within a
2.17motorcycle group ride or other vehicle traffic, notwithstanding any contrary indication of a
2.18traffic-control device, including stop signs or traffic-control signals. A person operating
2.19a vehicle that has been stopped by a flagger under this paragraph may proceed only on
2.20instruction by the flagger or a police officer.
2.21 Sec. 2. [171.60] MOTORCYCLE ROAD GUARD CERTIFICATE.
2.22 Subdivision 1. Certificate required. No person may perform traffic control as a
2.23motorcycle road guard as provided under chapter 169 without a valid motorcycle road
2.24guard certificate issued by the commissioner.
2.25 Subd. 2. Certification qualifications and standards; fee. Through the Minnesota
2.26Motorcycle Safety Center, the commissioner of public safety shall:
2.27(1) establish qualifications and requirements for a person to obtain a motorcycle road
2.28guard certificate under this section, which must include:
2.29(i) a minimum 18 years of age;
2.30(ii) possession of a valid driver's license; and
2.31(iii) successful completion of a motorcycle road guard certification course;
2.32(2) develop and offer, whether by the Minnesota Motorcycle Safety Center or
2.33authorized agents, a motorcycle road guard certification course; and
3.1(3) establish safety and equipment standards for a person who operates under a
3.2motorcycle road guard certificate, including but not limited to specifying requirements
3.3for a reflective safety vest.
3.4 Subd. 3. Fee. The commissioner of public safety shall assess a fee for each applicant
3.5for a motorcycle road guard certificate, calculated to cover the commissioner's cost of
3.6establishing and administering the program.
3.7 Subd. 4. Penalty. A person who violates any provision of this section is guilty
3.8of a petty misdemeanor.
3.9 Subd. 5. Rulemaking. The commissioner of public safety shall adopt rules to carry
3.10out the provisions of this section. Notwithstanding section 16A.1283, the rules must
3.11specify the fee to be assessed under subdivision 3.
3.12 Sec. 3. EFFECTIVE DATE.
3.13Sections 1 and 2, subdivisions 1 to 4, are effective one year after publication in the
3.14State Register of rules adopted under section 2, subdivision 5. Section 2, subdivision 5, is
3.15effective the day following final enactment.
