as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to traffic regulations; establishing 25-mile 1.3 per hour speed limit in school zones; amending 1.4 Minnesota Statutes 2002, sections 169.01, by adding a 1.5 subdivision; 169.14, subdivisions 2, 5, 5a. 1.6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.7 Section 1. Minnesota Statutes 2002, section 169.01, is 1.8 amended by adding a subdivision to read: 1.9 Subd. 91. [SCHOOL ZONE.] "School zone" means that section 1.10 of a street or highway that abuts the grounds of a school where 1.11 children have access to the street or highway from the school 1.12 property or where an established school crossing is located; 1.13 provided, there is in place the school advance sign prescribed 1.14 by the manual on uniform traffic control devices adopted by the 1.15 commissioner of transportation under section 169.06. 1.16 Sec. 2. Minnesota Statutes 2002, section 169.14, 1.17 subdivision 2, is amended to read: 1.18 Subd. 2. [SPEED LIMITS.] (a) Where no special hazard 1.19 exists the following speeds shall be lawful, but any speeds in 1.20 excess of such limits shall be prima facie evidence that the 1.21 speed is not reasonable or prudent and that it is unlawful; 1.22 except that the speed limit within any municipality shall be a 1.23 maximum limit and any speed in excess thereof shall be unlawful: 1.24 (1) 30 miles per hour in an urban district or on a town 1.25 road in a rural residential district; 2.1 (2) 65 miles per hour on non-interstate freeways and 2.2 expressways, as defined in section 160.02, subdivision 19; 2.3 (3) 55 miles per hour in locations other than those 2.4 specified in this section; 2.5 (4) 70 miles per hour on Interstate highways outside the 2.6 limits of any urbanized area with a population of greater than 2.7 50,000 as defined by order of the commissioner of 2.8 transportation; 2.9 (5) 65 miles per hour on Interstate highways inside the 2.10 limits of any urbanized area with a population of greater than 2.11 50,000 as defined by order of the commissioner of 2.12 transportation; 2.13 (6) ten miles per hour in alleys;and2.14 (7) 25 miles per hour in school zones; and 2.15 (8) 25 miles per hour in residential roadways if adopted by 2.16 the road authority having jurisdiction over the residential 2.17 roadway. 2.18 (b) A speed limit adopted under paragraph (a), 2.19 clause(7)(8), is not effective unless the road authority has 2.20 erected signs designating the speed limit and indicating the 2.21 beginning and end of the residential roadway on which the speed 2.22 limit applies. 2.23 (c) For purposes of this subdivision, "rural residential 2.24 district" means the territory contiguous to and including any 2.25 town road within a subdivision or plat of land that is built up 2.26 with dwelling houses at intervals of less than 300 feet for a 2.27 distance of one-quarter mile or more. 2.28 Sec. 3. Minnesota Statutes 2002, section 169.14, 2.29 subdivision 5, is amended to read: 2.30 Subd. 5. [ZONING WITHIN LOCAL AREA.] When local 2.31 authorities believe that the existing speed limit upon any 2.32 street or highway, or part thereof, within their respective 2.33 jurisdictions and not a part of the trunk highway system is 2.34 greater or less than is reasonable or safe under existing 2.35 conditions, they may request the commissioner to authorize, upon 2.36 the basis of an engineering and traffic investigation, the 3.1 erection of appropriate signs designating what speed is 3.2 reasonable and safe, and the commissioner may authorize the 3.3 erection of appropriate signs designating a reasonable and safe 3.4 speed limit thereat, which speed limit shall be effective when 3.5 such signs are erected. Any speeds in excess of these speed 3.6 limits shall be prima facie evidence that the speed is not 3.7 reasonable or prudent and that it is unlawful; except that any 3.8 speed limit within any municipality shall be a maximum limit and 3.9 any speed in excess thereof shall be unlawful. Alteration of 3.10 speed limits on streets and highways shall be made only upon 3.11 authority of the commissionerexcept as provided in subdivision3.125a. 3.13 Sec. 4. Minnesota Statutes 2002, section 169.14, 3.14 subdivision 5a, is amended to read: 3.15 Subd. 5a. [SPEED ZONING IN SCHOOL ZONE; SURCHARGE.] (a) 3.16Local authorities may establish a school speed limit within a3.17school zone of a public or nonpublic school upon the basis of an3.18engineering and traffic investigation as prescribed by the3.19commissioner of transportation. The establishment of a school3.20speed limit on any trunk highway shall be with the consent of3.21the commissioner of transportation. Such school speed limits3.22shall be in effect when children are present, going to or3.23leaving school during opening or closing hours or during school3.24recess periods. The school speed limit shall not be lower than3.2515 miles per hour and shall not be more than 20 miles per hour3.26below the established speed limit on an affected street or3.27highway if the established speed limit is 40 miles per hour or3.28greater.3.29(b) The school speed limit shall be effective upon the3.30erection of appropriate signs designating the speed and3.31indicating the beginning and end of the reduced speed3.32zone.Local authorities shall erect appropriate signs 3.33 designating the school zone speed limit and indicating the 3.34 beginning and end of the reduced speed zone in all school zones 3.35 located on streets and highways under their respective 3.36 jurisdictions. The commissioner of transportation shall erect 4.1 such signs in each school zone on a trunk highway. The school 4.2 zone speed limit is effective upon the erection of these signs. 4.3 Any speed in excess of such posted school speed limit is 4.4 unlawful.All such signs shall be erected by the local4.5authorities on those streets and highways under their respective4.6jurisdictions and by the commissioner of transportation on trunk4.7highways.4.8(c) For the purpose of this subdivision, "school zone"4.9means that section of a street or highway which abuts the4.10grounds of a school where children have access to the street or4.11highway from the school property or where an established school4.12crossing is located provided the school advance sign prescribed4.13by the manual on uniform traffic control devices adopted by the4.14commissioner of transportation pursuant to section 169.06 is in4.15place. All signs erected by local authorities to designate4.16speed limits in school zones shall conform to the manual on4.17uniform control devices.4.18(d)(b) Notwithstanding section 609.0331 or 609.101 or 4.19 other law to the contrary, a person who violatesathe school 4.20 zone speed limit established under thissubdivisionsection is 4.21 assessed an additional surcharge equal to the amount of the fine 4.22 imposed for the violation, but not less than $25. 4.23 Sec. 5. [EFFECTIVE DATE.] 4.24 Sections 1 to 4 are effective September 1, 2003.