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MINNESOTA'S MOTORCYCLE RED LIGHT LAW

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By Steven M. Bialick, Attorney, www.MotorcycleAccident.com email: [email protected]

Minnesota Statutes 169.06, Subd. 9, gives a person operating a motorcycle the option of driving through a red light at an intersection, after stopping for a reasonable amount of time, under the following conditions set forth in the statute:

Subd. 9. Affirmative defense relating to unchanging traffic-control signal. (a) A person operating a bicycle or motorcycle who violates subdivision 4 by entering or crossing an intersection controlled by a traffic-control signal against a red light has an affirmative defense to that charge if the person establishes all of the following conditions:

 

(1) the bicycle or motorcycle has been brought to a complete stop;

(2) the traffic-control signal continues to show a red light for an unreasonable time;

(3) the traffic-control signal is apparently malfunctioning or, if programmed or engineered to change to a green light only after detecting the approach of a motor vehicle, the signal has apparently failed to detect the arrival of the bicycle or motorcycle; and

(4) no motor vehicle or person is approaching on the street or highway to be crossed or entered or is so far away from the intersection that it does not constitute an immediate hazard.

(b) The affirmative defense in this subdivision applies only to a violation for entering or crossing an intersection controlled by a traffic-control signal against a red light and does not provide a defense to any other civil or criminal action.

 

Steven M. Bialick has been in the private practice of law since 1980.  He practices in the areas of accident and personal injury law.  This article is intended to provide general information only, and is not legal advice or a legal opinion on any certain facts or circumstances.  Readers are encouraged to consult with an attorney on any specific legal questions or matters.

 

 

 

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