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WS 07-28-2009
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WS 07-28-2009
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0 Checklist for Implementing Administrative Traffic Citations <br />New law authorizes exclusive use of administrative traffic citations for minor traffic offenses. This means <br />no statutory or home rule charter city may use a different process for issuing such administrative traffic <br />citations. A city may, however, issue other kinds of administrative citations pursuant to local ordinance <br />for non -traffic matters such as liquor licensing ordinance violations, nuisance and animal ordinance <br />violations, and so on. The following are the steps a city must take to issue administrative traffic citations. <br />1. Pass a resolution that <br />• Authorizes police use of administrative traffic citations for $60 per violation. <br />• Obligates the city to provide a neutral third party to hear and rule on challenges. <br />• Gars peace officers from issuing administrative traffic citations in violation of this law. <br />2. Set up an appeal process using a neutral third -party hearing officer for those who wish to <br />contest their administrative traffic citation. (The legislative intent is that this hearing officer be someone <br />other than city staff or the city council.) <br />3. Notify the commissioner of Public Safety that the council passed a resolution allowing police <br />officers to issue administrative traffic citations. Send the notice by mail (See Model Letter to the <br />Commissioner of Public Safety on page 10) or by e-mail to la,rtmra_bohnici�r�5t.ate_n n._U.S. Keep a copy! <br />4. Develop an information sheet to give to anyone who gets an administrative traffic citation <br />describing how the person may contest it. (See Model Flyer for Administrative Traffic Citation Recipients <br />on page 9). <br />411 5. Buy the new prescribed DPS uniform traffic citation from the commissioner of Public <br />Safety. (Cities may use the printer or vendor of their choice.) <br />Is <br />6. Track the number of administrative traffic citations issued and the money collected. (The <br />state auditor must collect this information from cities each year.) <br />7. Divide the money collected so that: <br />• Two-thirds of the fine ($40) remains with the city that issued the administrative traffic <br />citation. <br />• One-third ofthe fine ($20) is paid to the state commissioner of Finance. <br />$. Submit the state's share of the money to MN Management and Budget, Treasury Division. <br />(See Administrative Traffic Citation Fine Remittance to the State, on page 12). <br />9. Use one-half of the city's share ($20) for law enforcement purposes. <br />10. Police officers may issue an administrative traffic citation to a vehicle operator who: <br />• Violates speed limits by less than 10 miles per hour. <br />• Fails to obey a stop line. <br />• Operates a vehicle with a cracked windshield or other specific equipment violation. <br />Note: Those with commercial driver's licenses are not eligible for administrative traffic citations nor are <br />drivers of commercial vehicles. <br />Administrative Traffic Citations Tool Kit <br />
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