Bill Text: MN SF2499 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Civilian escort drivers and licensed protective agents authority to escort oversized loads clarification
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-03-19 - Referred to Transportation [SF2499 Detail]
Download: Minnesota-2011-SF2499-Introduced.html
1.2relating to transportation; clarifying authority of civilian escort drivers and
1.3licensed protective agents to escort oversized loads;amending Minnesota
1.4Statutes 2010, sections 169.06, subdivision 4; 169.86, subdivision 3b; 299D.085,
1.5subdivisions 2, 3, by adding a subdivision; 326.338, subdivision 4.
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 certified overdimensional load escort driver,
1.12subject to the exceptions granted the driver of an authorized emergency vehicle in this
1.13chapter.
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) A civilian escort driver or an overdimensional load escort driver with a certificate
2.8issued under section299D.085 , while acting as a flagger escorting a legal overdimensional
2.9load, may stop vehicles and hold vehicles in place until it is safe for the vehicles to
2.10proceed. A person operating a motor vehicle that has been stopped by an escort driver
2.11acting as a flagger may proceed only on instruction by the flagger or a police officer.
2.12 Sec. 2. Minnesota Statutes 2010, section 169.86, subdivision 3b, is amended to read:
2.13 Subd. 3b. Escort vehicles. The commissioner or local authority shall specify in
2.14the permit:
2.15(1) the minimum number of escort vehicles required to escort the overdimensional
2.16load; and
2.17(2) whether the operators of the escort vehicles must be certified licensed peace
2.18officers or may be overdimensional load escort drivers who hold a current certificate under
2.19section 299D.085. or may be civilian escort drivers, as defined in section 299D.085,
2.20subdivision 6. However, the commissioner or local authority shall specify only certified
2.21licensed peace officers as escort drivers when the transportation will involve lengthy
2.22traffic stoppages or other dangerous situations within the judgment of the commissioner
2.23or local authority.
2.24 Sec. 3. Minnesota Statutes 2010, section 299D.085, subdivision 2, is amended to read:
2.25 Subd. 2. Certificate. Except as provided in subdivision 6, no person may operate
2.26as an overdimensional load escort driver in this state without a certificate issued by the
2.27commissioner, or by a state with which the commissioner has entered into a reciprocal
2.28agreement. The commissioner shall assess a fee for each certificate applicant, calculated
2.29to cover the commissioner's cost of establishing and administering the program.
2.30 Sec. 4. Minnesota Statutes 2010, section 299D.085, subdivision 3, is amended to read:
2.31 Subd. 3. Qualifications. Except as provided in subdivision 6, to obtain a certificate
2.32to operate as an overdimensional load escort driver, a person must be a minimum
2.33of 18 years of age, possess a valid operator's license for the type of vehicle being
3.1operated, successfully complete an escort driver certification course developed by the
3.2commissioner and offered by the commissioner or authorized agents, and meet all
3.3additional requirements, including vehicle and safety equipment standards specified by
3.4the commissioner.
3.5 Sec. 5. Minnesota Statutes 2010, section 299D.085, is amended by adding a
3.6subdivision to read:
3.7 Subd. 6. Exemption for civilian escort drivers. A "civilian escort driver" is a
3.8person who is a minimum of 18 years of age, possesses a valid operator's license for the
3.9type of vehicle being operated, and meets vehicle and safety equipment standards specified
3.10by the commissioner. A civilian escort driver may operate as an overdimensional load
3.11escort driver only when the overdimensional load vehicle does not extend over a roadway
3.12centerline and will not travel the wrong way on a roadway.
3.13 Sec. 6. Minnesota Statutes 2010, section 326.338, subdivision 4, is amended to read:
3.14 Subd. 4. Protective agent. A person who for a fee, reward, or other valuable
3.15consideration undertakes any of the following acts is considered to be engaged in the
3.16business of protective agent:
3.17(1) providing guards, private patrol, or other security personnel to protect persons or
3.18their property or to prevent the theft, unlawful taking of goods, merchandise, or money, or
3.19to prevent the misappropriation or concealment of goods, merchandise, money, or other
3.20valuable things, or to procure the return of those things;
3.21(2) physically responding to any alarm signal device, burglar alarm, television
3.22camera, still camera, or a mechanical or electronic device installed or used to prevent or
3.23detect burglary, theft, shoplifting, pilferage, losses, or other security measures;
3.24(3) providing armored car services for the protection of persons or property;
3.25(4) controlling motor traffic on public streets, roads, and highways for the purpose
3.26of escorting a funeral procession and oversized loads; or
3.27(5) providing management and control of crowds for the purpose of safety and
3.28protection.
3.29A person covered by this subdivision may perform the traffic-control duties in
3.30clause (4) in place of apolice peace officer when a special permit is required, provided
3.31that the protective agent is first-aid qualified. and certified under section 299D.085. A
3.32special permit may not be denied or withheld because the traffic control duties in clause
3.33(4) will be performed by a licensed protective agent rather than a peace officer. The
3.34commissioner of transportation and the commissioner of public safety may not adopt a
4.1rule or regulation that either directly or indirectly bars licensed protective agents from
4.2performing the traffic control duties in clause (4).
1.3licensed protective agents to escort oversized loads;amending Minnesota
1.4Statutes 2010, sections 169.06, subdivision 4; 169.86, subdivision 3b; 299D.085,
1.5subdivisions 2, 3, by adding a subdivision; 326.338, subdivision 4.
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 certified overdimensional load escort driver,
1.12subject to the exceptions granted the driver of an authorized emergency vehicle in this
1.13chapter.
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) A civilian escort driver or an overdimensional load escort driver with a certificate
2.8issued under section
2.9load, may stop vehicles and hold vehicles in place until it is safe for the vehicles to
2.10proceed. A person operating a motor vehicle that has been stopped by an escort driver
2.11acting as a flagger may proceed only on instruction by the flagger or a police officer.
2.12 Sec. 2. Minnesota Statutes 2010, section 169.86, subdivision 3b, is amended to read:
2.13 Subd. 3b. Escort vehicles. The commissioner or local authority shall specify in
2.14the permit:
2.15(1) the minimum number of escort vehicles required to escort the overdimensional
2.16load; and
2.17(2) whether the operators of the escort vehicles must be certified licensed peace
2.18officers or may be overdimensional load escort drivers who hold a current certificate under
2.19section 299D.085
2.20subdivision 6. However, the commissioner or local authority shall specify only certified
2.21licensed peace officers as escort drivers when the transportation will involve lengthy
2.22traffic stoppages or other dangerous situations within the judgment of the commissioner
2.23or local authority.
2.24 Sec. 3. Minnesota Statutes 2010, section 299D.085, subdivision 2, is amended to read:
2.25 Subd. 2. Certificate. Except as provided in subdivision 6, no person may operate
2.26as an overdimensional load escort driver in this state without a certificate issued by the
2.27commissioner, or by a state with which the commissioner has entered into a reciprocal
2.28agreement. The commissioner shall assess a fee for each certificate applicant, calculated
2.29to cover the commissioner's cost of establishing and administering the program.
2.30 Sec. 4. Minnesota Statutes 2010, section 299D.085, subdivision 3, is amended to read:
2.31 Subd. 3. Qualifications. Except as provided in subdivision 6, to obtain a certificate
2.32to operate as an overdimensional load escort driver, a person must be a minimum
2.33of 18 years of age, possess a valid operator's license for the type of vehicle being
3.1operated, successfully complete an escort driver certification course developed by the
3.2commissioner and offered by the commissioner or authorized agents, and meet all
3.3additional requirements, including vehicle and safety equipment standards specified by
3.4the commissioner.
3.5 Sec. 5. Minnesota Statutes 2010, section 299D.085, is amended by adding a
3.6subdivision to read:
3.7 Subd. 6. Exemption for civilian escort drivers. A "civilian escort driver" is a
3.8person who is a minimum of 18 years of age, possesses a valid operator's license for the
3.9type of vehicle being operated, and meets vehicle and safety equipment standards specified
3.10by the commissioner. A civilian escort driver may operate as an overdimensional load
3.11escort driver only when the overdimensional load vehicle does not extend over a roadway
3.12centerline and will not travel the wrong way on a roadway.
3.13 Sec. 6. Minnesota Statutes 2010, section 326.338, subdivision 4, is amended to read:
3.14 Subd. 4. Protective agent. A person who for a fee, reward, or other valuable
3.15consideration undertakes any of the following acts is considered to be engaged in the
3.16business of protective agent:
3.17(1) providing guards, private patrol, or other security personnel to protect persons or
3.18their property or to prevent the theft, unlawful taking of goods, merchandise, or money, or
3.19to prevent the misappropriation or concealment of goods, merchandise, money, or other
3.20valuable things, or to procure the return of those things;
3.21(2) physically responding to any alarm signal device, burglar alarm, television
3.22camera, still camera, or a mechanical or electronic device installed or used to prevent or
3.23detect burglary, theft, shoplifting, pilferage, losses, or other security measures;
3.24(3) providing armored car services for the protection of persons or property;
3.25(4) controlling motor traffic on public streets, roads, and highways for the purpose
3.26of escorting a funeral procession and oversized loads; or
3.27(5) providing management and control of crowds for the purpose of safety and
3.28protection.
3.29A person covered by this subdivision may perform the traffic-control duties in
3.30clause (4) in place of a
3.31that the protective agent is first-aid qualified
3.32special permit may not be denied or withheld because the traffic control duties in clause
3.33(4) will be performed by a licensed protective agent rather than a peace officer. The
3.34commissioner of transportation and the commissioner of public safety may not adopt a
4.1rule or regulation that either directly or indirectly bars licensed protective agents from
4.2performing the traffic control duties in clause (4).
