HF 2326

Subd. 7.

deleted text begin Transitdeleted text end Busnew text begin obstruction violation; penaltiesnew text end .

new text begin (a) new text end The driver of a vehicle
traveling in the right-hand lane of traffic shall yield the right-of-way to any deleted text begin transitdeleted text end bus
new text begin authorized to use the shoulder under section 169.306 that is new text end attempting to enter that lane
from a bus stop or shoulder, as indicated by a flashing left turn signal.

new text begin (b) A person shall not operate a motor vehicle on a highway shoulder so as to impede
the progress of a bus authorized to use the shoulder under section 169.306, unless:
new text end

new text begin (1) the person is a police officer;
new text end

new text begin (2) the person is operating the vehicle at the direction of or in obedience to a police
officer or an official traffic control device;
new text end

new text begin (3) the vehicle is an authorized emergency vehicle, while in compliance with section
169.03, subdivisions 4 and 5; or
new text end

new text begin (4) the vehicle is operating in compliance with an over-width vehicle permit issued
under section 169.86.
new text end

new text begin (c) A police officer may arrest the driver of a motor vehicle if the officer has probable
cause to believe that the driver has operated the vehicle in violation of paragraph (a) or
(b) within the four-hour period following the termination of the violation or a receipt of a
report under paragraph (e). The arrest may be made even though the violation was not
committed in the presence of the police officer.
new text end

new text begin (d) A police officer may issue a citation in lieu of arrest to the driver of a motor
vehicle if the officer has probable cause to believe that the driver has operated the vehicle
in violation of paragraph (a) or (b).
new text end

new text begin (e) Although probable cause may be otherwise satisfied by other evidentiary
elements or factors, probable cause is sufficient for purposes of this subdivision when the
operator of the bus denied right-of-way or impeded in violation of paragraph (a) or (b)
makes a timely report of the violation and provides a description of the vehicle used to
commit the offense and the vehicle's license plate number. For the purposes of an arrest
under paragraph (a) or (b), "timely" means that the report must be made within a four-hour
period following the termination of the incident giving rise to the violation.
new text end

new text begin (f) If a motor vehicle is operated in violation of paragraph (a) or (b), the owner of
the vehicle, or for a leased motor vehicle the lessee of the vehicle, is guilty of a petty
misdemeanor; provided that, this paragraph does not apply if:
new text end

new text begin (1) a person other than the owner is convicted or pleads guilty to the violation;
new text end

new text begin (2) the owner presents written evidence that the motor vehicle had been reported to a
law enforcement agency as stolen at the time of the violation; or
new text end

new text begin (3) the owner is a lessor of the motor vehicle and provides the name and address of
the person who was the lessee at the time of the violation.
new text end

new text begin (g) Paragraph (c) does not prohibit or limit the prosecution of a motor vehicle
operator for violating paragraph (a) or (b).
new text end

new text begin (h) A violation under this subdivision does not constitute grounds for revocation
or suspension of the owner's or lessee's driver's license.
new text end