Subdivision 1. Authority. (a) Except for peace officers employed by the state patrol, prior to a peace officer issuing an administrative citation under this section, the governing body for the local unit of government that employs the peace officer must pass a resolution that:
(1) authorizes issuance of administrative citations;
(2) obligates the local unit of government to provide a neutral third party to hear and rule on challenges to administrative citations; and
(3) bars peace officers from issuing administrative citations in violation of this section.
(b) A peace officer may issue an administrative citation to a vehicle operator who:
(1) violates section 169.14, and the violation consists of a speed under ten miles per hour in excess of the lawful speed limit;
(2) fails to obey a stop line in violation of section 169.30; or
(3) operates a vehicle that is in violation of sections 169.46 to 169.68 and 169.69 to 169.75.
(c) The authority to issue an administrative citation is exclusively limited to those offenses listed in this subdivision.
(d) A peace officer who issues an administrative citation for the infraction of speeding under ten miles per hour over the speed limit must use the actual speed a violator's vehicle was traveling at the time of the infraction and may not reduce the recorded speed for purposes of qualifying the offense for an administrative citation. An administrative citation issued for speeding must list the actual speed the vehicle was traveling at the time of the infraction.
(e) A local unit of government shall notify the commissioner of public safety after it passes a resolution described in paragraph (a).
Subd. 2. Officer's authority. The authority to issue an administrative citation is reserved exclusively to licensed peace officers. An officer may not be required by ordinance or otherwise to issue a citation under this section instead of a criminal citation.
Subd. 3. Uniform citation. There must be a uniform administrative citation issued throughout the state by licensed peace officers for violations of this section. No other citation is authorized for violations of this section. The commissioner of public safety shall prescribe the detailed form of the uniform administrative citation and shall revise the uniform administrative citation on such subsequent occasions as necessary and proper. The uniform administrative citation must include notification that the person has the right to contest the citation.
Subd. 4. Right to contest citation. (a) A peace officer who issues an administrative citation must inform the vehicle operator that the person has the right to contest the citation.
(b) Except as provided in paragraph (c), the local unit of government that employs the peace officer who issues an administrative citation must provide a civil process for a person to contest the administrative citation. The person must be allowed to challenge the citation before a neutral third party. A local unit of government may employ a person to hear and rule on challenges to administrative citations or contract with another local unit of government or a private entity to provide the service.
(c) The state patrol may contract with local units of government or private entities to collect administrative fines and to provide a neutral third party to hear and rule on challenges to administrative citations. An administrative citation issued by a state patrol trooper must clearly state how and where a violator can challenge the citation.
Subd. 5. Fines; disbursement. (a) A person who commits an administrative violation under subdivision 1 must pay a fine of $60.
(b) Except as provided in paragraph (c), two-thirds of a fine collected under this section must be credited to the general revenue fund of the local unit of government that employs the peace officer who issued the citation and one-third must be transferred to the commissioner of management and budget to be deposited in the state general fund. A local unit of government receiving fine proceeds under this section must use at least one-half of the funds for law enforcement purposes. The funds must be used to supplement but not supplant any existing law enforcement funding.
(c) For fines collected under this section from administrative citations issued by state patrol troopers, one-third must be credited to the general fund of the local unit of government or entity that collects the fine and provides a hearing officer and two-thirds must be transferred to the commissioner of management and budget to be deposited in the state general fund.
Subd. 6. Commercial drivers' licenses and commercial vehicles; exceptions. An administrative citation may not be issued under this section to (1) the holder of a commercial driver's license, or (2) the driver of a commercial vehicle in which the administrative violation was committed.
Subd. 7. Driving records. A violation under this section may not be recorded by the Department of Public Safety on the violator's driving record and does not constitute grounds for revocation or suspension of the violator's driver's license.
Subd. 8. Administrative penalty reporting. (a) A county, statutory or home rule city, or town that employs peace officers who issue administrative citations and that collects administrative fines under this section must include that information and the amount collected as separate categories in any financial report, summary, or audit.
(b) The state auditor shall annually report to the commissioner of public safety information concerning administrative fines collected by local units of government under this section. Upon request, the commissioner of public safety shall report to the chairs and ranking minority members of the senate and house of representatives committees having jurisdiction over criminal justice policy and funding summarizing the reports the commissioner received under this paragraph.
Subd. 9. Local preemption. The authority to issue an administrative citation is exclusively limited to those offenses listed in subdivision 1. Notwithstanding any contrary charter provision or ordinance, no statutory or home rule charter city, county, or town may impose administrative penalties to enforce any other provision of this chapter.
2009 c 101 art 2 s 109; 2009 c 158 s 6
Structure Minnesota Statutes
Chapters 160 - 174A — Transportation
Chapter 169 — Traffic Regulations
Section 169.011 — Definitions.
Section 169.022 — Uniform Application.
Section 169.025 — Application Of Motor Carrier Regulations.
Section 169.03 — Emergency Vehicles.
Section 169.035 — Exemptions; Applications.
Section 169.04 — Local Authority.
Section 169.042 — Towing; Notice To Victim Of Vehicle Theft.
Section 169.045 — Special Vehicle Use On Roadway.
Section 169.05 — Private Roadways.
Section 169.06 — Signs, Signals, Markings.
Section 169.07 — Unauthorized Sign, Signal, Or Marking.
Section 169.072 — Unauthorized Mailbox Installation.
Section 169.073 — Prohibited Light Or Signal.
Section 169.08 — Unlawful To Possess, Alter, Deface, Or Remove Sign.
Section 169.10 — Statistical Information.
Section 169.13 — Reckless Or Careless Driving.
Section 169.14 — Speed Limits, Zones; Radar.
Section 169.15 — Impeding Traffic; Intersection Gridlock.
Section 169.17 — Emergency Vehicle.
Section 169.18 — Driving Rules.
Section 169.19 — Turning, Starting, And Signaling.
Section 169.20 — Right-of-way.
Section 169.202 — Blind Person Carrying White Cane.
Section 169.212 — Operation Of Electric Personal Assistive Mobility Devices.
Section 169.215 — Crossing For Seniors Or Disabled Persons.
Section 169.2151 — Pedestrian Safety Crossings.
Section 169.219 — Public Service Announcements.
Section 169.22 — Hitchhiking; Solicitation Of Business.
Section 169.222 — Operation Of Bicycle.
Section 169.223 — Motorized Bicycle.
Section 169.224 — Neighborhood And Medium-speed Electric Vehicles.
Section 169.225 — Motorized Foot Scooter.
Section 169.26 — Special Stops At Railroad Crossing.
Section 169.28 — Certain Vehicles To Stop At Railroad Crossing.
Section 169.29 — Crossing Railroad Tracks With Certain Equipment.
Section 169.30 — Designation Of Through Highways.
Section 169.305 — Controlled-access Rules And Penalties.
Section 169.306 — Use Of Shoulders By Buses.
Section 169.31 — Stop At Sidewalk.
Section 169.315 — Opening And Closing Vehicle Door.
Section 169.37 — Obstructing View Of Driver.
Section 169.40 — Fire Truck; Fire Station.
Section 169.41 — Crossing Fire Hose.
Section 169.42 — Littering; Dropping Object On Vehicle; Misdemeanor.
Section 169.421 — Civil Liability For Littering.
Section 169.43 — Swinging Gate On Truck.
Section 169.32 — Stopping, Standing, And Parking.
Section 169.33 — Police May Move Vehicle.
Section 169.34 — Prohibitions; Stopping, Parking.
Section 169.342 — Good Samaritan; Exception To Stopping And Parking.
Section 169.345 — Parking Privilege For Physically Disabled.
Section 169.346 — Disability Parking Areas; Criteria, Enforcement.
Section 169.435 — Office Of Pupil Transportation Safety.
Section 169.441 — School Bus Identification.
Section 169.442 — School Bus Signals.
Section 169.443 — Safety Of School Children; Bus Driver's Duties.
Section 169.444 — Safety Of School Children; Duties Of Other Drivers.
Section 169.445 — Cooperation With Law Enforcement.
Section 169.446 — Safety Of School Children; Training And Education Rules.
Section 169.447 — School Bus And Head Start Bus Safety.
Section 169.4475 — Special Event School Bus Use.
Section 169.448 — Other Buses.
Section 169.449 — School Bus Operation.
Section 169.4501 — School Bus Equipment Standards.
Section 169.4502 — Additional Minnesota School Bus Chassis Standards.
Section 169.4503 — Additional Minnesota School Bus Body Standards.
Section 169.4504 — Additional Standards For Specially Equipped Bus.
Section 169.451 — Inspecting School And Head Start Buses; Rules; Misdemeanor.
Section 169.4511 — School Bus Accident And Subsequent Operation.
Section 169.454 — Type Iii Vehicle Standards.
Section 169.4581 — Criminal Conduct On School Bus.
Section 169.4582 — Reportable Offense On School Bus.
Section 169.46 — Hitching Behind Vehicle.
Section 169.467 — Motor Vehicle Safety Standards; Definitions.
Section 169.468 — Vehicle Safety Rules; Federal Safety Standards.
Section 169.47 — Unsafe Equipment.
Section 169.471 — Television; Headphones.
Section 169.475 — Use Of Wireless Communications Device.
Section 169.48 — Vehicle Lighting.
Section 169.51 — Clearance And Marker Lamps.
Section 169.52 — Projecting Load; Light Or Flag.
Section 169.522 — Slow-moving Vehicle, Sign Required.
Section 169.53 — Lights For Parked Vehicles.
Section 169.541 — Lighting Exemption For Law Enforcement; Standards.
Section 169.55 — Lights On All Vehicles.
Section 169.56 — Auxiliary Lights.
Section 169.57 — Vehicle Signals.
Section 169.58 — Identification Lamps.
Section 169.59 — Warning Lights.
Section 169.60 — Distribution Of Light.
Section 169.61 — Composite Beam.
Section 169.62 — Certain Lights Permitted On Old Motor Vehicles.
Section 169.63 — Number Of Lamps.
Section 169.64 — Prohibited Lights; Exceptions.
Section 169.65 — Specifications For Lighting And Other Devices.
Section 169.66 — Hearing On Specifications.
Section 169.684 — Seat Belt; Declaration Of Policy.
Section 169.685 — Seat Belt; Passenger Restraint System For Children.
Section 169.686 — Seat Belt Use Required; Penalty.
Section 169.693 — Motor Vehicle Noise Limits.
Section 169.70 — Rear View Mirror.
Section 169.72 — Tire Surface; Metal Studs.
Section 169.721 — Unsafe Tires; Definitions.
Section 169.722 — Rules For Tire Safety.
Section 169.723 — Tires Considered Unsafe.
Section 169.724 — Prohibition; Operating Automobile With Unsafe Tires.
Section 169.726 — Automobile Sale Prohibited Unless Tires Are Safe.
Section 169.727 — Unsafe Tires; Misdemeanor.
Section 169.73 — Bumpers, Safeguards.
Section 169.733 — Wheel Flaps On Truck And Trailer.
Section 169.734 — Automobile Fenders.
Section 169.74 — Safety Glass.
Section 169.75 — Flares, Flags, Or Reflectors Required.
Section 169.751 — Definitions.
Section 169.752 — Patrol Motor Vehicles, First Aid Equipment.
Section 169.753 — Law Enforcement Officers Trained In First Aid.
Section 169.762 — Pressurized Flammable Gas.
Section 169.771 — Spot-check Of Motor Vehicle.
Section 169.781 — Annual Commercial Vehicle Inspection; Inspectors, Fee, Penalty.
Section 169.782 — Daily Commercial Vehicle Inspection; Penalty.
Section 169.783 — Commercial Vehicle Accident; Reinspection.
Section 169.79 — Vehicle Registration; Displaying License Plates.
Section 169.791 — Criminal Penalty For Failure To Produce Proof Of Insurance.
Section 169.792 — Revocation Of License For Failure To Produce Proof Of Insurance.
Section 169.793 — Vehicle Insurance; Unlawful Acts, Penalties.
Section 169.795 — Vehicle Insurance Rules.
Section 169.796 — Verification Of Insurance Coverage.
Section 169.797 — Penalties For Failure To Provide Vehicle Insurance.
Section 169.798 — Rules Of Commissioner Of Public Safety.
Section 169.7995 — Failure To Produce Rental Or Lease Agreement.
Section 169.80 — Size, Weight, Load.
Section 169.801 — Implement Of Husbandry.
Section 169.81 — Height And Length Limitations.
Section 169.812 — Escort Vehicles For Overdimensional Loads; Definitions; Requirements.
Section 169.82 — Trailer Equipment.
Section 169.822 — Weight Limitations; Definitions.
Section 169.823 — Tire Weight Limits.
Section 169.824 — Gross Weight Schedule.
Section 169.826 — Gross Weight Seasonal Increases.
Section 169.8261 — Gross Weight Limitations; Forest Products.
Section 169.827 — Gross Weight Reduction On Restricted Route.
Section 169.828 — Axle Restrictions.
Section 169.829 — Weight Limits Not Applicable To Certain Vehicles.
Section 169.8295 — Weight Limits; Vehicles Transporting Milk.
Section 169.84 — Load Limit On Bridge.
Section 169.85 — Weighing; Penalty.
Section 169.851 — Weight Record.
Section 169.86 — Special Permit To Exceed Height, Width, Or Load; Fees.
Section 169.862 — Permit For Baled Farm Product To Exceed Height Or Width.
Section 169.863 — Special Pulpwood Vehicle Permit.
Section 169.864 — Special Products Vehicle Permits.
Section 169.865 — Special Farm Products Permits.
Section 169.866 — Special Canola-hauling Vehicle Permit.
Section 169.8665 — Special Soybean Meal-hauling Vehicle Permit.
Section 169.868 — Special Freight Distribution Permit.
Section 169.869 — Road Construction Materials Special Permit.
Section 169.87 — Seasonal Load Restriction; Route Designation.
Section 169.871 — Excess Weight; Civil Penalty.
Section 169.872 — Receipt Of Certain Overweight Loads.
Section 169.88 — Damages; Liability.
Section 169.881 — Vehicle Platoons.
Section 169.891 — Jurisdiction; Limitation Of Actions.
Section 169.92 — Failure To Appear.
Section 169.93 — Arrest Without Warrant.
Section 169.94 — Record Of Conviction.
Section 169.95 — Court To Keep Separate Records Of Violations.
Section 169.96 — Interpretation And Effect.
Section 169.965 — University Regents To Regulate Traffic And Parking.
Section 169.966 — Board To Regulate Traffic On State Universities.
Section 169.97 — Citation; Highway Traffic Regulation Act.
Section 169.971 — Driver Improvement Clinics; Definitions.
Section 169.972 — Establishment Of Driver Improvement Clinic; Fees.
Section 169.973 — Regulation Of Clinic; Director.
Section 169.974 — Operation Of Motorcycle; Motor Scooter; Motor Bike.
Section 169.98 — Police, Patrol, Or Security Guard Vehicle.
Section 169.985 — Traffic Citation Quota Prohibited.
Section 169.99 — Uniform Traffic Ticket.
Section 169.999 — Administrative Citations For Certain Traffic Offenses.