JURISDICTION: MINNESOTA

This chapter summarizes Minnesota State statutes related to speed.

General Reference: Minnesota Statutes Annotated

Basis for a Speed Law Violation:

Basic Speed Rule: No person shall drive a vehicle at a speed greater than is reasonable and prudent under the conditions. §169.14, subds. 1 & 3

Statutory Speed Limit: A speed in excess of the following limits is prima facie evidence that

See Other below. such a speed is not reasonable and prudent. §169.14, subd. 2

1) 65 MPH on highways during the daytime⁽¹⁾ §169.14, subd. 2(a)(2)

2) 55 MPH on highways during the nighttime⁽²⁾ §169.14, subd. 2(a)(3)

3) 30 MPH in an urban district §169.14, subd. 2(a)(1)

4) 25 MPH on residential roadways⁽³⁾ §169.14, subd. 2(a)(5)

5) 10 MPH in alleys §169.14, subd. 2(a)(4)

6) 10 to 30 MPH in manufactured home parks⁽⁴⁾ §327.27, subds. 2 & 2a

7) 10 MPH in recreational camping areas §327.27, subd. 2

Posted (Maximum) Speed Limit: I. Based on engineering and traffic investigations, the State Commissioner of Transportation may increase or decrease the above maximum speed limits. Any speed in excess of these posted limits is prima facie evidence that the speed was not reasonable or prudent. §169.14, subds. 4 & 5 Note: Minnesota law does not specifically state whether different highway speed limits may be established either for different types of vehicles, for various weather conditions or for different times of the day.

II. If the commissioner establishes a speed limit of >30 MPH for a highway within an urban district, the local government may reduce such limit for quarter-mile segments to 30 MPH. §169.14, subds. 5b

III. Based on engineering and traffic investigations, a local governments may establish speed limits in school zones.⁽⁵⁾ The speed limit in such zone cannot be <15 MPH nor >20 MPH below the established speed limit where such speed limit is normally 40 MPH. §169.14, subd. 5a

IV. Based on engineering and traffic investigations, a local government may establish a speed limit different than above for any alley. §169.14, subd. 5c

Basis for a Speed Law Violation: (continued)

V. The State Commissioner of Transportation on trunk highways and local governments on streets and roads under their jurisdiction may establish temporary speed limits in work zones. §169.14, subd. 5d(a) The minimum speed limit in these zones is 20 MPH. However, the speed in such zone shall neither be <15 MPH below the normal speed limit nor >40 MPH. §169.14, subd. 5d(b)

VI. Based on engineering and traffic investigations, the governmental authority over a park may establish speed limits therein.⁽⁶⁾ §169.14, subd. 5e The speed limit cannot be <20 MPH or reduce the normal speed limit by >15 MPH. §169.14, subd. 5e

VII. Based on investigations, the State Commissioner of Transportation may establish a safe maximum speed for bridges or elevated structures. §169.16

Minimum Speed Limit: A person shall not operate a motor vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic. §169.15

Posted (Minimum) Speed Limit: Based on engineering and traffic investigations, the State Commissioner of Transportation may establish minimum speed limits on any part of a trunk highway. §169.14, subd. 8

Other: I. A person is prohibit from operating a vehicle, which is pulling another with chains and tow bars, >35 MPH. §168.055

II. A person shall not tow a farm trailer having gross vehicle weight >6,000 lbs. >25 MPH. §169.145(2)

Adjudication of Speed Law Violations:

Civil/Criminal Adjudication of Violation: I. Except as Noted, Speed Law Violations are Petty Misdemeanors. §169.89, subd. 1

II. A 3rd or Subsequent Speed Law Violation (Within 12 months) is a Misdemeanor. §169.89, subd. 1

Other: I. It is a Misdemeanor for a person to operate a vehicle, which is pulling another with chains and tow bars, >35 MPH. §168.056

II. It is a Misdemeanor to violate the established speed limits in manufactured home parks or recreational camping areas. §§144.99, subds. 1 & 11 and 327.27, subds. 2 & 2a

Sanctions Following an Adjudication of a Speed Law Violation:

Criminal Sanctions:

Imprisonment:

Term (Day, Month, Years,

Etc.): Petty Misdemeanor Offense-None §169.89, subd. 2

Misdemeanor Offense-Not more than 90 days §609.03(3)

Sanctions Following an Adjudication of a Speed Law Violation:

(continued)

Mandatory Minimum Term: None

Fine: Petty Misdemeanor Offense-Not more than $200 §169.89, subd. 2

Misdemeanor Offense-Not more than $700 §609.03(3)

Amount ($ Range): None

Mandatory Min. Fine ($):

Other Penalties:

Traffic School: In addition to or in lieu of other sanctions, the court may require a person to attend a driver improvement clinic. §169.89, subd. 5

Other:

Licensing Action:

Type of Licensing Action

(Susp/Rev): Suspension⁽⁷⁾ §§171.16, subds. 1 & 2 and 171.18, subd. 1(2) & (4) 3 or subsequent offense (within 12 months)-Revocation⁽⁸⁾ §171.17, subd. 1(6)

Term of License Withdrawal

(Days, Months, Years, etc.): Suspension. The law providing for court recommend suspensions does not state either minimum or maximum suspension periods. §171.16, subds. 1 & 2 However, statutory provisions providing for such action via independent licensing agency action provide that a person's license is not to be suspended for more than 1 year. §171.18, subd. 3(d)

Revocation. Note: The law does not provide for a maximum revocation period.

Mandatory Minimum Term of

Withdrawal: None Note: In circumstances where an offender's license has been revoked, they may obtain limited driving privileges for employment, educational or medical needs and for other purposes connected with their family's well being. §171.30, subd. 1

Miscellaneous Sanctions

Not Included Elsewhere: I. A person, who violates the "work zone speed limit," is assessed an additional surcharge which is equal to the fine but not <$25. §1169.14, subd. 5d(d)

II. An assessment of 20% of the fine is imposed. However, if the court does not impose a fine sanction, it must, nevertheless, impose a an assessment of $25 but $50. §609.101, subd. 1(a) and (b)(1) & (2)

Sanctions Following an Adjudication of a Speed Law Violation:

(continued)

Miscellaneous Sanctions

Not Included Elsewhere: (continued)

III. An assessment of 15% of the fine is imposed for the purpose of funding the Police Officers Training Account. However, if the court does not impose a fine sanction, it must, nevertheless, impose an assessment $5 but $10 for a petty misdemeanor or $25 but $50 for either a misdemeanor, gross misdemeanor or felony. §626.861, subd. 1

Other Criminal Actions Related to Speeding:

Reckless or Careless Driving⁽⁹⁾: Misdemeanor §169.13, subds. 1 & 2

Sanction:

Criminal:

Imprisonment (Term): Not more than 90 days §609.03(3)

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): Not more than $700 §609.03(3)

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Suspension⁷ §§171.16, subds. 1 & 2 and 171.18, subd. 1(2) & (4) 3 or subsequent offense (within 12 months)-Revocation⁸ §171.17, subd. 1(6)

Length of Term of License

Withdrawal Action: Suspension. The law providing for court recommend suspensions does not state either minimum or maximum suspension periods. §171.16, subds. 1 & 2 However, statutory provisions providing for such action via independent licensing agency action provide that a person's license is not to be suspended for more than 1 year. §171.18, subd. 3(d)

Revocation. Note: The law does not provide for a maximum revocation period.

Mandatory Term of License

Withdrawal Action: None Note: In circumstances where an offender's license has been revoked, they may obtain limited driving privileges for employment, educational or medical needs and for other purposes connected with their family's well being. §171.30, subd. 1

Other: I. In addition to or in lieu of other sanctions, the court may require a person to attend a driver improvement clinic. §169.89, subd. 5

Other Criminal Actions Related to Speeding:

(continued)

Reckless or Careless Driving: (continued)

Other: (continued) II. An assessment of 20% of the fine is imposed. However, if the court does not impose a fine sanction, it must, nevertheless, impose a an assessment of $25 but $50. §609.101, subd. 1(a) and (b)(1) & (2)

III. An assessment of 15% of the fine is imposed for the purpose of funding the Police Officers Training Account. However, if the court does not impose a fine sanction, it must, nevertheless, impose an assessment $5 but $10 for a petty misdemeanor or $25 but $50 for either a misdemeanor, gross misdemeanor or felony. §626.861, subd. 1

Commercial Motor Vehicle (CMV) Operators⁽¹⁰⁾:

Grounds for Disqualification: A person is disqualified from operating a CMV if while driving such a vehicle they either (1) commit 2 "serious traffic violations"⁽¹¹⁾ within a 3 year period or (2) commit 3 such violations within a 3 year period. §171.165, subd. 4

Period of Disqualification: 2 serious violations (within 3 years)-60 days 3 serious violations (within 3 years)-120 days §171.165, subd. 4

Period of Mandatory Disqualification: 2 serious violations (within 3 years)-60 days 3 serious violations (within 3 years)-120 days §171.165, subd. 4

1. ¹"Daytime" is defined as a half hour before sunrise to a half hour after sunset. §169.14, subd. 2(c)

2. ²"Nighttime" is defined as either any other time than "daytime" or when weather conditions prevent "sufficient light to render clearly discernible persons or vehicles at a distance of 500 feet." §169.14, subd. 2(c)

3. ³If such a speed limit is adopted by the authority having jurisdiction over such roadway. §169.14, subd. 2(a)(5) & (b)

4. ⁴The speed limit in a manufactured home park is 10 MPH. §327.27, subd. 2 However, via local ordinance this limit may be increased to not >30 MPH. §327.27, subd. 2a

5. ⁵If the school speed zone is on trunk highway, the local government must obtain the consent of State Commissioner of Transportation before such zone is established. §169.14, subd. 5a

6. ⁶If the park is on trunk highway, the local government must obtain the consent of State Commissioner of Transportation before such zone is established. §169.14, subd. 5e

7. ⁷I. The court, at it discretion, may recommend that the licensing agency suspend an offender's license. Upon such recommendation, the licensing agency suspends the person's license without a hearing. §171.16, subd. 2. II. The licensing agency on its own initiative, can suspend an offender's license if (1) the violation contributed to an accident that result in death, personal injury or property damage or (2) the offender is an habitual violator of the traffic laws. §171.18, subd. 1(2) & (4)

8. ⁸The law provides for license revocation for the commission of 3 or violations of Chapter 169 (e.g., speeding, reckless driving or careless driving violations) within a 12 month period. §171.17, subd. 1(6)

9. ⁹Reckless Driving. "Reckless driving" is defined as operating a motor vehicle "as to indicate either a wilful or a wanton disregard for the safety of persons or property." §169.12, sub. 1 Careless Driving. "Careless driving" is defined as operating a motor vehicle "carelessly or heedlessly in disregard of the rights of others, or in a manner that endangers or is likely to endanger any property or any person, including the driver or passengers of the vehicle." §169.13, subd. 2 Both offenses are misdemeanors. §169.13, subds. 1 & 2

10. ¹⁰A person who has obtained a commercial driver's license (CDL) and is qualified to operate a commercial motor vehicle. A commercial motor vehicle is defined as a vehicle designed to carry either passengers or property and either has a gross vehicle weight of 26,000 lbs., is a bus or is transporting hazardous materials which requires that the vehicle to be placarded in accordance with U.S. Department of Transportation regulations. §171.01, subds. 22 & 26

11. ¹¹A "serious traffic violation" includes exceeding the speed limit by 15 or more MPH or reckless or careless driving. §171.165, subd. 4