Effective one year after publication in the State Register of rules adopted pursuant to this law.
Creates a certificate program for overdimensional load escort drivers. Creates a misdemeanor penalty for operating as an overdimensional load escort driver without a valid certificate. Defines an overdimensional load as a vehicle or group of vehicles that exceeds limits established in law. The escort accompanies the overdimensional load, e.g. funeral procession, flatbed truck with oversized load.
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CHAPTER 311–S.F.No. 2756
An act
relating to transportation; allowing escort drivers of overdimensional
loads to control traffic; directing commissioner of public safety to establish
escort driver training and certification program;amending Minnesota Statutes
2008, sections 169.06, subdivision 4; 169.86, by adding a subdivision; proposing
coding for new law in Minnesota Statutes, chapter 299D.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 2008, section 169.06, subdivision 4, is amended to read:
Subd. 4.Obedience to traffic-control signal or flagger; presumptions.(a) The
driver of any vehicle shall obey the instructions of any official traffic-control device
applicable thereto placed in accordance with the provisions of this chapter, unless
otherwise directed by apolice officeror by a certified overdimensional load
escort driver, subject to the exceptions granted the driver of an authorized emergency
vehicle in this chapter.
(b) No provision of this chapter for which official traffic-control devices are required
shall be enforced against an alleged violator if at the time and place of the alleged
violation an official device is not in proper position and sufficiently legible to be seen by
an ordinarily observant person. Whenever a particular section does not state that official
traffic-control devices are required, such section shall be effective even though no devices
are erected or in place.
(c) Whenever official traffic-control devices are placed in position approximately
conforming to the requirements of this chapter, such devices shall be presumed to have
been so placed by the official act or direction of lawful authority, unless the contrary
shall be established by competent evidence.
(d) Any official traffic-control device placed pursuant to the provisions of this
chapter and purporting to conform to the lawful requirements pertaining to such devices
shall be presumed to comply with the requirements of this chapter, unless the contrary
shall be established by competent evidence.
(e) A flagger in a designated work zone may stop vehicles and hold vehicles in place
until it is safe for the vehicles to proceed. A person operating a motor vehicle that has
been stopped by a flagger in a designated work zone may proceed after stopping only on
instruction by the flagger.
(f) An overdimensional load escort driver with a certificate issued under section
299D.085, while acting as a flagger escorting a legal overdimensional load, may stop
vehicles and hold vehicles in place until it is safe for the vehicles to proceed. A person
operating a motor vehicle that has been stopped by an escort driver acting as a flagger may
proceed only on instruction by the flagger or a police officer.
Sec. 2. Minnesota Statutes 2008, section 169.86, is amended by adding a subdivision
to read:
Subd. 3b.Escort vehicles.The commissioner or local authority shall specify in
the permit:
(1) the minimum number of escort vehicles required to escort the overdimensional
load; and
(2) whether the operators of the escort vehicles must be certified licensed peace
officers or may be overdimensional load escort drivers who hold a current certificate
under section 299D.085.
Sec. 3.[299D.085] OVERDIMENSIONAL LOAD ESCORT DRIVER.
Subdivision 1.Definition.For purposes of this section, “overdimensional load” is a
vehicle or combination of vehicles of a size or weight of vehicle or load exceeding the
maximum specified in chapter 169, or otherwise not in conformity with the provisions
of chapter 169.
Subd. 2.Certificate.No person may operate as an overdimensional load escort
driver in this state without a certificate issued by the commissioner, or by a state with
which the commissioner has entered into a reciprocal agreement. The commissioner shall
assess a fee for each certificate applicant, calculated to cover the commissioner’s cost of
establishing and administering the program.
Subd. 3.Qualifications.To obtain a certificate to operate as an overdimensional
load escort driver, a person must be a minimum of 18 years of age, possess a valid
operator’s license for the type of vehicle being operated, successfully complete an
escort driver certification course developed by the commissioner and offered by the
commissioner or authorized agents, and meet all additional requirements, including
vehicle and safety equipment standards specified by the commissioner.
Subd. 4.Penalty.A person who violates, or aids or abets the violation of, any
provision of this section is guilty of a petty misdemeanor.
Subd. 5.Rulemaking.The commissioner of public safety shall adopt rules to carry
out the provisions of this section. Notwithstanding section 16A.1283, the rules must
specify the fee to be assessed under subdivision 2.
Sec. 4.EFFECTIVE DATE.
Sections 1, 2, and 3, subdivisions 1 to 4, are effective one year after publication in
the State Register of rules adopted under section 3, subdivision 5. Section 3, subdivision
5, is effective the day following final enactment.
Presented to the governor May 7, 2010
Signed by the governor May 11, 2010, 2:09 p.m.