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169.18.11(a)

Statute ID: 18691

Statute Function ID: 38074

Traffic Regulation - Passing parked authorized vehicle - Authorized vehicle defined

In Effect

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Statute Number:

169.18.11(a)

Enactment Date:

May 24, 2023

Effective Date:

Jul 1, 2023

Expiration Date:

Repealed?:

Summary Text:

Traffic Regulation - Passing parked authorized vehicle - Authorized vehicle defined

Statute ID:

18691

Created:

Jun 6, 2023 by mnjis.legal.analyst@state.mn.us

Updated:

Jun 6, 2023 by mnjis.legal.analyst@state.mn.us

Last Update Action:

Added

Legal Analyst Comment:

Amended 2023 C68 Art4 Sect45; Adds Postal service vehicle to (a)

Summary Text:

Traffic Regulation - Passing parked authorized vehicle - Authorized vehicle defined

Link to MN Statute Text:

https://www.revisor.leg.state.mn.us/stats/169/18.html

Legislative Session:

2023 - Regular

Session Law Text?:

Statute text last updated on:

Jun 6, 2023

(a) For purposes of this subdivision, "authorized vehicle" means an authorized vehicle, as defined under section 169.011, subdivision 3; a tow truck or towing vehicle, as defined under section 168B.011, subdivision 12a; a freeway service patrol vehicle; a road maintenance vehicle; a utility company vehicle; a construction vehicle; a postal service vehicle; a solid waste vehicle; or a recycling vehicle. a solid waste vehicle; or a recycling vehicle.
 
(b) When approaching and before passing an authorized vehicle with its emergency, flashing, or warning lights activated that is parked or otherwise stopped on or next to a street or highway having two lanes in the same direction, the driver of a vehicle must safely move the vehicle to the lane farthest away from the authorized vehicle, if it is possible to do so.

(c) When approaching and before passing an authorized vehicle with its emergency, flashing, or warning lights activated that is parked or otherwise stopped on or next to a street or highway having more than two lanes in the same direction, the driver of a vehicle must safely move the vehicle so as to leave a full lane vacant between the driver and any lane in which the authorized vehicle is completely or partially parked or otherwise stopped, if it is possible to do so.

(d) If a lane change under paragraph (b) or (c) is impossible, or when approaching and before passing an authorized vehicle with its emergency, flashing, or warning lights activated that is parked or otherwise stopped on or next to a street or highway having only one lane in the same direction, the driver of a vehicle must reduce the speed of the motor vehicle to a speed that is reasonable and prudent under the conditions until the motor vehicle has completely passed the parked or stopped authorized vehicle, if it is possible to do so.

(e) A peace officer may issue a citation to the driver of a motor vehicle if the peace officer has probable cause to believe that the driver has operated the vehicle in violation of this subdivision within the four-hour period following the termination of the incident or a receipt of a report under paragraph (f). The citation may be issued even though the violation was not committed in the presence of the peace officer.

(f) Although probable cause may be otherwise satisfied by other evidentiary elements or factors, probable cause is sufficient for purposes of this subdivision when the person cited is operating the vehicle described by a member of the crew of an authorized emergency vehicle or a towing vehicle as defined in section 168B.011, subdivision 12a, responding to an incident in a timely report of the violation of this subdivision, which includes a description of the vehicle used to commit the offense and the vehicle's license plate number. For the purposes of issuance of a citation under paragraph (e), "timely" means that the report must be made within a four-hour period following the termination of the incident.