| Minnesota Criminal Justice Statute Service | Bureau of Criminal Apprehension

169.06.4a(c)

Statute ID: 18503

Statute Function ID: 37821

Traffic Regulations - Failure to take instruction by flagger - Owner/Lessee

In Effect

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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:

Targeted Misdemeanor:

Predatory Offender Registration Review:

Enhanceable:

Certify to DPS:

Yes

Report to DNR:

DPS Group:

Conditional Release:

Payable:

Yes

Petty Misdemeanor Only if Prosecutor Certifies:

Third Violation Indicator:

Qualified Domestic Violence Related:

Nonviolent Controlled Substance Offender Review:

Wildlife Restitution:

Statute Number:

169.06.4a(c)

Enactment Date:

May 12, 2022

Effective Date:

Aug 1, 2022

Expiration Date:

Repealed?:

Summary Text:

Traffic Regulations - Failure to take instruction by flagger - Owner/Lessee

Statute ID:

18503

Created:

Jul 6, 2022 by mnjis.legal.analyst@state.mn.us

Updated:

Jul 6, 2022 by mnjis.legal.analyst@state.mn.us

Last Update Action:

Added

Legal Analyst Comment:

Revisors Bill changes C55, Art 1 Sect 60; Effective 08/01/2022

Summary Text:

Traffic Regulations - Failure to take instruction by flagger - Owner/Lessee

Link to MN Statute Text:

https://www.revisor.leg.state.mn.us/stats/169/06.html

Legislative Session:

2022 - Regular

Session Law Text?:

Statute text last updated on:

Jul 6, 2022

(a) A flagger in a work zone may stop vehicles, hold vehicles in place and direct vehicles to proceed when it is safe.

(b) A person convicted of operating a motor vehicle in violation of a speed limit in a work zone, or any other provision of this section while in a work zone, shall be required to pay a fine of $300. This fine is in addition to the surcharge under section 357.021, subdivision 6.

(c) If a motor vehicle is operated in violation of paragraph (a), the owner of the vehicle, or for a leased motor vehicle the lessee of the vehicle, is guilty of a petty misdemeanor and is subject to a fine as provided in paragraph (b). The owner or lessee may not be fined under this paragraph if (1) another person is convicted for that violation, or (2) the motor vehicle was stolen at the time of the violation. This paragraph does not apply to a lessor of a motor vehicle if the lessor keeps a record of the name and address of the lessee.

(d) Paragraph (c) does not prohibit or limit the prosecution of a motor vehicle operator who violates paragraph (a).

(e) A violation under paragraph (c) does not constitute grounds for revocation or suspension of a driver's license.

(f) A peace officer may issue a citation to the operator of a motor vehicle if the peace officer has probable cause to believe that the person has operated the vehicle in violation of paragraph (a). A citation may be issued even though the violation did not occur in the officer's presence. In addition to other evidentiary elements or factors, a peace officer has probable cause under this subdivision if:

(1) a qualified work zone flagger has provided a report of a violation of paragraph (a) that includes a description and the license plate number of the vehicle used to commit the offense, and the time of the incident;

(2) the person is operating the vehicle described in the report; and

(3) it is within the four-hour period following the time of the incident, as specified in the report.

(g) A work zone flagger is qualified to provide a report under paragraph (f) if each flagger involved in the reporting has completed training that includes information on flagging operations, equipment, traffic laws, observation and accurate identification of motor vehicles, and delegation of duties involving a report under paragraph (f).