Bill Text: MN SF2425 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Highway safety work zone prohibitions, requirements, and penalties
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2014-04-01 - Comm report: To pass as amended and re-refer to Finance [SF2425 Detail]
Download: Minnesota-2013-SF2425-Engrossed.html
1.2relating to public safety; traffic regulations; modifying traffic laws in work zones;
1.3amending Minnesota Statutes 2012, sections 169.011, by adding a subdivision;
1.4169.06, subdivision 4, by adding a subdivision; 169.14, subdivision 5d, by
1.5adding a subdivision.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 169.011, is amended by adding a
1.8subdivision to read:
1.9 Subd. 95. Work zone. "Work zone" means a segment of street or highway for which:
1.10(1) a road authority or its agent is constructing, reconstructing, or maintaining the
1.11physical structure of the roadway, which may include but is not limited to shoulders,
1.12features adjacent to the roadway, and utilities and highway appurtenances, whether
1.13underground or overhead; and
1.14(2) any of the following applies:
1.15(i) official traffic-control devices that indicate the segment of street or highway under
1.16construction, reconstruction, or maintenance, are erected;
1.17(ii) one or more lanes of traffic are closed;
1.18(iii) a flagger under section 169.06, subdivision 4a, is present;
1.19(iv) a construction zone speed limit under section 169.14, subdivision 4, is
1.20established; or
1.21(v) a workers present speed limit under section 169.14, subdivision 5d, is in effect.
1.22EFFECTIVE DATE.This section is effective August 1, 2014.
1.23 Sec. 2. Minnesota Statutes 2012, section 169.06, subdivision 4, is amended to read:
2.1 Subd. 4. Obedience to traffic-control signal orflagger authorized persons;
2.2presumptions. (a) The driver of any vehicle shall obey the instructions of any official
2.3traffic-control device applicable thereto placed in accordance with the provisions of this
2.4chapter, unless otherwise directed by a police officer or by a flagger authorized under this
2.5subdivision, subject to the exceptions granted the driver of an authorized emergency
2.6vehicle in this chapter.
2.7(b) No provision of this chapter for which official traffic-control devices are required
2.8shall be enforced against an alleged violator if at the time and place of the alleged
2.9violation an official device is not in proper position and sufficiently legible to be seen by
2.10an ordinarily observant person. Whenever a particular section does not state that official
2.11traffic-control devices are required, such section shall be effective even though no devices
2.12are erected or in place.
2.13(c) Whenever official traffic-control devices are placed in position approximately
2.14conforming to the requirements of this chapter, such devices shall be presumed to have
2.15been so placed by the official act or direction of lawful authority, unless the contrary
2.16shall be established by competent evidence.
2.17(d) Any official traffic-control device placed pursuant to the provisions of this
2.18chapter and purporting to conform to the lawful requirements pertaining to such devices
2.19shall be presumed to comply with the requirements of this chapter, unless the contrary
2.20shall be established by competent evidence.
2.21(e)A flagger in a designated work zone may stop vehicles and hold vehicles in place
2.22until it is safe for the vehicles to proceed. A person operating a motor vehicle that has
2.23been stopped by a flagger in a designated work zone may proceed after stopping only on
2.24instruction by the flagger.
2.25(f) An overdimensional load escort driver with a certificate issued under section
2.26299D.085
, while acting as a flagger escorting a legal overdimensional load, may stop
2.27vehicles and hold vehicles in place until it is safe for the vehicles to proceed. A person
2.28operating a motor vehicle that has been stopped by an escort driver acting as a flagger may
2.29proceed only on instruction by the flagger or a police officer.
2.30(g) (f) A person may stop and hold vehicles in place until it is safe for the vehicles to
2.31proceed, if the person: (1) holds a motorcycle road guard certificate issued under section
2.32171.60
; (2) meets the safety and equipment standards for operating under the certificate;
2.33(3) is acting as a flagger escorting a motorcycle group ride; (4) has notified each statutory
2.34or home rule charter city through which the motorcycle group is proceeding; and (5)
2.35has obtained consent from the chief of police, or the chief's designee, of any city of the
2.36first class through which the group is proceeding. A flagger operating as provided under
3.1this paragraph may direct operators of motorcycles within a motorcycle group ride or
3.2other vehicle traffic, notwithstanding any contrary indication of a traffic-control device,
3.3including stop signs or traffic-control signals. A person operating a vehicle that has been
3.4stopped by a flagger under this paragraph may proceed only on instruction by the flagger
3.5or a police officer.
3.6EFFECTIVE DATE.This section is effective August 1, 2014.
3.7 Sec. 3. Minnesota Statutes 2012, section 169.06, is amended by adding a subdivision
3.8to read:
3.9 Subd. 4a. Obedience to work zone flagger; violation, penalty. (a) A flagger in a
3.10work zone may stop vehicles and hold vehicles in place until it is safe for the vehicles to
3.11proceed. A person operating a motor vehicle that has been stopped by a flagger in a work
3.12zone may proceed after stopping only on instruction by the flagger or a police officer.
3.13(b) A person convicted of operating a motor vehicle in violation of a speed limit
3.14in a work zone, or any other provision of this section while in a work zone, shall be
3.15required to pay a fine of $300. This fine is in addition to the surcharge under section
3.16357.021, subdivision 6.
3.17(c) If a motor vehicle is operated in violation of paragraph (a), the owner of the
3.18vehicle, or for a leased motor vehicle the lessee of the vehicle, is guilty of a petty
3.19misdemeanor and is subject to a fine as provided in paragraph (b). The owner or lessee may
3.20not be fined under this paragraph if (1) another person is convicted for that violation, or (2)
3.21the motor vehicle was stolen at the time of the violation. This paragraph does not apply to a
3.22lessor of a motor vehicle if the lessor keeps a record of the name and address of the lessee.
3.23(d) Paragraph (c) does not prohibit or limit the prosecution of a motor vehicle
3.24operator for violating paragraph (a).
3.25(e) A violation under paragraph (c) does not constitute grounds for revocation or
3.26suspension of a driver's license.
3.27EFFECTIVE DATE.This section is effective August 1, 2014, and applies to
3.28violations committed on or after that date.
3.29 Sec. 4. Minnesota Statutes 2012, section 169.14, subdivision 5d, is amended to read:
3.30 Subd. 5d. Speedzoning limit in work zone; surcharge when workers present.
3.31(a) Notwithstanding subdivision 2 and subject to subdivision 3, the speed limit on a
3.32road having an established speed limit of 50 miles per hour or greater is adjusted to 45
3.33miles per hour in a work zone when (1) at least one lane or portion of a lane of traffic is
4.1closed in either direction, and (2) workers are present. A speed in excess of the adjusted
4.2speed limit is unlawful.
4.3(b) Paragraph (a) does not apply to a segment of road in which:
4.4(1) positive barriers are placed between workers and the traveled portion of the
4.5highway;
4.6(2) the work zone is in place for less than 24 hours;
4.7(3) a different speed limit for the work zone is determined by the road authority
4.8following an engineering and traffic investigation and based on accepted engineering
4.9practice; or
4.10(4) a different speed limit for the work zone is established by the road authority
4.11under paragraph (c).
4.12(c) The commissioner, on trunk highways and temporary trunk highways, and
4.13local authorities, on streets and highways under their jurisdiction, may authorize the use
4.14of reduced maximum speed limits inhighway work zones. The commissioner or local
4.15authority is not required to conduct when workers are present, without an engineering and
4.16traffic investigationbefore authorizing a reduced speed limit in a highway work zone
4.17 required. The work zone speed limit must not reduce the speed limit on the affected
4.18street or highway by more than:
4.19(b) The minimum highway work zone speed limit is 20 miles per hour. The work
4.20zone speed limit must not reduce the established speed limit on the affected street or
4.21highway by more than 15 miles per hour, except that the highway work zone speed limit
4.22must not exceed 40 miles per hour. The commissioner or local authority shall post the limits
4.23of the work zone. Highway work zone speed limits are effective on erection of appropriate
4.24regulatory speed limit signs. The signs must be removed or covered when they are not
4.25required. A speed greater than the posted highway work zone speed limit is unlawful.
4.26(c) Notwithstanding paragraph (b), on divided highways the commissioner or local
4.27authority may establish a highway work zone speed limit that does not exceed 55 miles
4.28per hour.
4.29(d) Notwithstanding paragraph (b), on two-lane highways having one lane for
4.30each direction of travel with a posted speed limit of 60 miles per hour or greater, the
4.31commissioner or local authority may establish a highway work zone speed limit that
4.32does not exceed 40 miles per hour.
4.33(e) For purposes of this subdivision, "highway work zone" means a segment of
4.34highway or street where a road authority or its agent is constructing, reconstructing, or
4.35maintaining the physical structure of the roadway, its shoulders, or features adjacent to
5.1the roadway, including underground and overhead utilities and highway appurtenances,
5.2when workers are present.
5.3(f) Notwithstanding section
609.0331 or
609.101 or other law to the contrary, a person
5.4who violates a speed limit established under this subdivision, or who violates any other
5.5provision of this section while in a highway work zone, is assessed an additional surcharge
5.6equal to the amount of the fine imposed for the speed violation, but not less than $25.
5.7(1) 20 miles per hour on a street or highway having an established speed limit of
5.855 miles per hour or greater; and
5.9(2) 15 miles per hour on a street or highway having an established speed limit of
5.1050 miles per hour or less.
5.11(d) A work zone speed limit under paragraph (c) is effective on erection of
5.12appropriate regulatory speed limit signs. The signs must be removed or covered when
5.13they are not required. A speed in excess of the posted work zone speed limit is unlawful.
5.14(e) For any speed limit under this subdivision, a road authority shall erect signs
5.15identifying the speed limit and indicating the beginning and end of the speed limit zone.
5.16EFFECTIVE DATE.This section is effective August 1, 2014, and applies to
5.17violations committed on or after that date.
5.18 Sec. 5. Minnesota Statutes 2012, section 169.14, is amended by adding a subdivision
5.19to read:
5.20 Subd. 6a. Work zone speed limit violations. A person convicted of operating a
5.21motor vehicle in violation of a speed limit in a work zone, or any other provision of
5.22this section while in a work zone, shall be required to pay a fine of $300. This fine is in
5.23addition to the surcharge under section 357.021, subdivision 6.
5.24EFFECTIVE DATE.This section is effective August 1, 2014, and applies to
5.25violations committed on or after that date.
1.3amending Minnesota Statutes 2012, sections 169.011, by adding a subdivision;
1.4169.06, subdivision 4, by adding a subdivision; 169.14, subdivision 5d, by
1.5adding a subdivision.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2012, section 169.011, is amended by adding a
1.8subdivision to read:
1.9 Subd. 95. Work zone. "Work zone" means a segment of street or highway for which:
1.10(1) a road authority or its agent is constructing, reconstructing, or maintaining the
1.11physical structure of the roadway, which may include but is not limited to shoulders,
1.12features adjacent to the roadway, and utilities and highway appurtenances, whether
1.13underground or overhead; and
1.14(2) any of the following applies:
1.15(i) official traffic-control devices that indicate the segment of street or highway under
1.16construction, reconstruction, or maintenance, are erected;
1.17(ii) one or more lanes of traffic are closed;
1.18(iii) a flagger under section 169.06, subdivision 4a, is present;
1.19(iv) a construction zone speed limit under section 169.14, subdivision 4, is
1.20established; or
1.21(v) a workers present speed limit under section 169.14, subdivision 5d, is in effect.
1.22EFFECTIVE DATE.This section is effective August 1, 2014.
1.23 Sec. 2. Minnesota Statutes 2012, section 169.06, subdivision 4, is amended to read:
2.1 Subd. 4. Obedience to traffic-control signal or
2.2presumptions. (a) The driver of any vehicle shall obey the instructions of any official
2.3traffic-control device applicable thereto placed in accordance with the provisions of this
2.4chapter, unless otherwise directed by a police officer or by a flagger authorized under this
2.5subdivision, subject to the exceptions granted the driver of an authorized emergency
2.6vehicle in this chapter.
2.7(b) No provision of this chapter for which official traffic-control devices are required
2.8shall be enforced against an alleged violator if at the time and place of the alleged
2.9violation an official device is not in proper position and sufficiently legible to be seen by
2.10an ordinarily observant person. Whenever a particular section does not state that official
2.11traffic-control devices are required, such section shall be effective even though no devices
2.12are erected or in place.
2.13(c) Whenever official traffic-control devices are placed in position approximately
2.14conforming to the requirements of this chapter, such devices shall be presumed to have
2.15been so placed by the official act or direction of lawful authority, unless the contrary
2.16shall be established by competent evidence.
2.17(d) Any official traffic-control device placed pursuant to the provisions of this
2.18chapter and purporting to conform to the lawful requirements pertaining to such devices
2.19shall be presumed to comply with the requirements of this chapter, unless the contrary
2.20shall be established by competent evidence.
2.21(e)
2.22
2.23
2.24
2.25
2.27vehicles and hold vehicles in place until it is safe for the vehicles to proceed. A person
2.28operating a motor vehicle that has been stopped by an escort driver acting as a flagger may
2.29proceed only on instruction by the flagger or a police officer.
2.30
2.31proceed, if the person: (1) holds a motorcycle road guard certificate issued under section
2.33(3) is acting as a flagger escorting a motorcycle group ride; (4) has notified each statutory
2.34or home rule charter city through which the motorcycle group is proceeding; and (5)
2.35has obtained consent from the chief of police, or the chief's designee, of any city of the
2.36first class through which the group is proceeding. A flagger operating as provided under
3.1this paragraph may direct operators of motorcycles within a motorcycle group ride or
3.2other vehicle traffic, notwithstanding any contrary indication of a traffic-control device,
3.3including stop signs or traffic-control signals. A person operating a vehicle that has been
3.4stopped by a flagger under this paragraph may proceed only on instruction by the flagger
3.5or a police officer.
3.6EFFECTIVE DATE.This section is effective August 1, 2014.
3.7 Sec. 3. Minnesota Statutes 2012, section 169.06, is amended by adding a subdivision
3.8to read:
3.9 Subd. 4a. Obedience to work zone flagger; violation, penalty. (a) A flagger in a
3.10work zone may stop vehicles and hold vehicles in place until it is safe for the vehicles to
3.11proceed. A person operating a motor vehicle that has been stopped by a flagger in a work
3.12zone may proceed after stopping only on instruction by the flagger or a police officer.
3.13(b) A person convicted of operating a motor vehicle in violation of a speed limit
3.14in a work zone, or any other provision of this section while in a work zone, shall be
3.15required to pay a fine of $300. This fine is in addition to the surcharge under section
3.16357.021, subdivision 6.
3.17(c) If a motor vehicle is operated in violation of paragraph (a), the owner of the
3.18vehicle, or for a leased motor vehicle the lessee of the vehicle, is guilty of a petty
3.19misdemeanor and is subject to a fine as provided in paragraph (b). The owner or lessee may
3.20not be fined under this paragraph if (1) another person is convicted for that violation, or (2)
3.21the motor vehicle was stolen at the time of the violation. This paragraph does not apply to a
3.22lessor of a motor vehicle if the lessor keeps a record of the name and address of the lessee.
3.23(d) Paragraph (c) does not prohibit or limit the prosecution of a motor vehicle
3.24operator for violating paragraph (a).
3.25(e) A violation under paragraph (c) does not constitute grounds for revocation or
3.26suspension of a driver's license.
3.27EFFECTIVE DATE.This section is effective August 1, 2014, and applies to
3.28violations committed on or after that date.
3.29 Sec. 4. Minnesota Statutes 2012, section 169.14, subdivision 5d, is amended to read:
3.30 Subd. 5d. Speed
3.31(a) Notwithstanding subdivision 2 and subject to subdivision 3, the speed limit on a
3.32road having an established speed limit of 50 miles per hour or greater is adjusted to 45
3.33miles per hour in a work zone when (1) at least one lane or portion of a lane of traffic is
4.1closed in either direction, and (2) workers are present. A speed in excess of the adjusted
4.2speed limit is unlawful.
4.3(b) Paragraph (a) does not apply to a segment of road in which:
4.4(1) positive barriers are placed between workers and the traveled portion of the
4.5highway;
4.6(2) the work zone is in place for less than 24 hours;
4.7(3) a different speed limit for the work zone is determined by the road authority
4.8following an engineering and traffic investigation and based on accepted engineering
4.9practice; or
4.10(4) a different speed limit for the work zone is established by the road authority
4.11under paragraph (c).
4.12(c) The commissioner, on trunk highways and temporary trunk highways, and
4.13local authorities, on streets and highways under their jurisdiction, may authorize the use
4.14of reduced maximum speed limits in
4.15
4.16traffic investigation
4.17 required. The work zone speed limit must not reduce the speed limit on the affected
4.18street or highway by more than:
4.19
4.20
4.21
4.22
4.23
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(1) 20 miles per hour on a street or highway having an established speed limit of
5.855 miles per hour or greater; and
5.9(2) 15 miles per hour on a street or highway having an established speed limit of
5.1050 miles per hour or less.
5.11(d) A work zone speed limit under paragraph (c) is effective on erection of
5.12appropriate regulatory speed limit signs. The signs must be removed or covered when
5.13they are not required. A speed in excess of the posted work zone speed limit is unlawful.
5.14(e) For any speed limit under this subdivision, a road authority shall erect signs
5.15identifying the speed limit and indicating the beginning and end of the speed limit zone.
5.16EFFECTIVE DATE.This section is effective August 1, 2014, and applies to
5.17violations committed on or after that date.
5.18 Sec. 5. Minnesota Statutes 2012, section 169.14, is amended by adding a subdivision
5.19to read:
5.20 Subd. 6a. Work zone speed limit violations. A person convicted of operating a
5.21motor vehicle in violation of a speed limit in a work zone, or any other provision of
5.22this section while in a work zone, shall be required to pay a fine of $300. This fine is in
5.23addition to the surcharge under section 357.021, subdivision 6.
5.24EFFECTIVE DATE.This section is effective August 1, 2014, and applies to
5.25violations committed on or after that date.
