Agenda - Council Work Session - 10/13/2009

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New Law on Administrative Citations for Traffic Offenses: Frequently Asked Questions 1) For what types of traffic violations may the city issue administrative citations under the new law? Cities may issue administrative citations for violations of Minn. Stat. S 169.14 where the speed of the vehicle is under 10 miles per hour in excess of the lawful speed limit. The actual speed of the vehicle must be listed on the citation, and peace officers may not reduce the recorded speed for the purposes of issuing an administrative citation. It is important to note that Minn. Stat. S 169.14 generally prohibits speeding above the posted limit, but also prohibits: operating a vehicle at a "speed greater than is reasonable and prudent under the conditions" or without due care; failing to reduce speed when approaching or passing an authorized emergency vehicle stopped with emergency lights flashing; failing to reduce speed when approaching and crossing an intersection or railway grade crossing; failing to reduce speed when special hazards exist (such as pedestrians, other traffic, weather or highway conditions); driving slower than a posted minimum speed; and selling, offering for sale, using, or possessing any radar jammer in Minnesota. It is important to note that issuance of an administrative citation for reasons other than simple speeding under Minn. Stat. S 169.14 remains subject to the 10-mile-per-hour limit. Specifically, if the citation for failing to reduce speed in adverse weather conditions involves speeding that is greater than 10 miles per hour over the limit, the officer should not issue an administrative citation. Cities may also issue administrative citations for stop line violations under Minn. Stat. S 169.30 and for violations of Minn. Stat. SS 169.46 to 169.68 and Minn. Stat. SS 169.69 to 165.75. Thesesections relate mainly to violations of the law on required vehicle equipment, including but not limited to: hitching a toboggan, hand sled, bicycle, or other similar device onto any motor vehicle while being used on a street; driving vehicles in an unsafe condition as to endanger any person; wearing headphones or earphones that are used in both ears while driving; texting while driving; failing to use lights while driving at night or bad weather; having broken taillbrake lights; failing to use a red flag on a projecting load; failing to use a slow moving vehicle sign; having loud mufflers and exhaust systems not in good working order; having cracked or obstructed windshields; and using unsafe or unauthorized metal studded tires. Due to state and federal law, persons who have a commercial driver's license or who are driving a commercial vehicle at the time of the citation may not be issued an administrative citation. These individuals must be issued a regular state criminal citation for the traffic offense. 2) Are peace officers required to issues administrative citations under the new law? Cities are not required to issue administrative citations under the new law. The process is entirely optional. Cities that believe that administrative citations make sense for them may adopt a resolution to issue such citations. In addition, where administrative citations have been adopted, the city cannot require, by ordinance or otherwise, that peace officers issue administrative citations.. Under the new law, peace officers always have the discretion to issue an administrative citation, give a warning, or issue a state criminal ticket. In addition, cities may not set quotas that require or suggest that an officer issue a certain number of administrative citations. Administrative Traffic Citations Tool Kit 4