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169.18.5(b)(2)
Statute ID:
16456
Statute Function ID:
34693
Traffic regulation - unlawful passing - within 100' of underpass, tunnel, railroad, other
In Effect
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Function Details
History
Text
Charge
Classifications
Offense Level:
Petty Misdemeanor (PM)
General Offense Code:
DWI/Traffic/Vehicle Regulation (4)
Offense Summary Code & Rank:
Traffic/Accidents(exclude DWI) (J) (Rank 28)
Detailed Offense Code:
Traffic/Transportation (499)
Offense Severity Level:
Function Text:
UCR Code
Description
999
NIBRS Non-Reportable
Flags
Crime of Violence:
No
Targeted Misdemeanor:
No
Predatory Offender Registration Review:
No
Enhanceable:
No
Certify to DPS:
Yes
Report to DNR:
No
DPS Group:
No
Conditional Release:
No
Payable:
Yes
Petty Misdemeanor Only if Prosecutor Certifies:
No
Third Violation Indicator:
Yes
Qualified Domestic Violence Related:
No
Nonviolent Controlled Substance Offender Review:
No
Wildlife Restitution:
No
Statute Number:
169.18.5(b)(2)
Enactment Date:
May 30, 2017
Effective Date:
May 31, 2017
Expiration Date:
Repealed?:
No
Summary Text:
Traffic regulation - unlawful passing - within 100' of underpass, tunnel, railroad, other
Statute ID:
16456
Created:
Jun 5, 2017 by mnjis.legal.analyst@state.mn.us
Updated:
Jun 5, 2017 by mnjis.legal.analyst@state.mn.us
Last Update Action:
Added
Legal Analyst Comment:
2017 SS1 Art 3 s 49; New (c) exception; effective day after enactment
Summary Text:
Traffic regulation - unlawful passing - within 100' of underpass, tunnel, railroad, other
Link to MN Statute Text:
https://www.revisor.leg.state.mn.us/stats/169/18.html
Legislative Session:
2017 - Regular
Session Law Text?:
No
Statute text last updated on:
Jun 5, 2017
(a) No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the safe operation of any vehicle approaching from the opposite direction or any vehicle overtaken. In every event the overtaking vehicle must return to the right-hand side of the roadway before coming within 100 feet of any vehicle approaching from the opposite direction. (b) Except on a one-way roadway or as provided in paragraph (c), no vehicle shall, in overtaking and passing another vehicle or at any other time, be driven to the left half of the roadway under the following conditions: (1) when approaching the crest of a grade or upon a curve in the highway where the driver's view along the highway is obstructed within a distance of 700 feet; (2) when approaching within 100 feet of any underpass or tunnel, railroad grade crossing, intersection within a city, or intersection outside of a city if the presence of the intersection is marked by warning signs; or (3) where official signs are in place prohibiting passing, or a distinctive centerline is marked, which distinctive line also so prohibits passing, as declared in the Manual on Uniform Traffic Control Devices adopted by the commissioner. (c) Notwithstanding paragraph (b), clause (3), a motor vehicle may be driven to the left side of the roadway to safely overtake a bicycle under the following circumstances: (1) the bicycle is proceeding in the same direction as the motor vehicle; (2) the driver of the motor vehicle either (i) provides a safe clearance distance, in no case less than the greater of three feet or one-half the width of the motor vehicle, or (ii) completely enters the left lane of the highway; (3) the operator of the bicycle is not (i) making a left turn, or (ii) signaling that the bicycle operator intends to make a left turn; and (4) the driver of the motor vehicle complies with all other applicable requirements under this section.
