HF 1529

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to transportation; prohibiting certain highway rest area operators from
preventing commercial motor vehicle operators from observing federal "Hours
of Service of Drivers" regulations; modifying certain provisions relating to
maximum vehicle weight on highways; amending Minnesota Statutes 2006,
section 169.824, subdivision 2; proposing coding for new law in Minnesota
Statutes, chapter 160.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [160.2721] COMMERCIAL VEHICLE DRIVERS AT REST AREAS.
new text end

new text begin (a) An owner or operator of a rest stop with parking for commercial motor vehicles,
as defined in section 169.01, subdivision 75, shall allow an interstate or intrastate
commercial motor vehicle operator subject to the federal "Hours of Service of Drivers"
regulations of the Code of Federal Regulations, title 49, part 395, to remain at the rest
stop for the time necessary up to ten hours to enable the driver to comply with these
federal regulations.
new text end

new text begin (b) Any clause or provision in a lease or other agreement for the operation of a rest
stop that purports to limit the ability of a commercial vehicle operator to comply with Code
of Federal Regulations, title 49, part 395, under paragraph (a) is void and without effect.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2006, section 169.824, subdivision 2, is amended to read:

Subd. 2.

Gross vehicle weight of all axles.

(a) Notwithstanding the provisions
of section 169.85, the gross vehicle weight of all axles of a vehicle or combination of
vehicles shall not exceed:

(1) 80,000 pounds for any vehicle or combination of vehicles on all state trunk
highways as defined in section 160.02, subdivision 29, new text begin for all paved county state-aid
highways and paved county highways, new text end and for all routes designated under section
169.832, subdivision 11;

(2) 88,000 pounds for any vehicle or combination of vehicles with six or more
axles while exclusively engaged in hauling livestock on all state trunk highways other
than interstate highways, if the vehicle has a permit under section 169.86, subdivision 5,
paragraph (k); new text begin and
new text end

(3) 73,280 pounds for any vehicle or combination of vehicles with five axles or less
on all new text begin other paved new text end routes, other than state trunk highways and routes that are designated
under section 169.832, subdivision 11 deleted text begin , except that a vehicle needing reasonable access
to a terminal or facilities for food, fuel, repairs, and rest, located within three miles of a
ten-ton route, may not exceed 80,000 pounds. "Terminal" means any location where
freight either originates, terminates, or is handled in the transportation process, or where
commercial motor carriers maintain operating facilities; and
deleted text end

deleted text begin (4) 80,000 pounds for any vehicle or combination of vehicles with six or more
axles on all routes, other than state trunk highways and routes that are designated under
section 169.832, subdivision 11 deleted text end .

(b) The maximum weights specified in this section for five consecutive axles shall
not apply to a four-axle ready-mix concrete truck which was equipped with a fifth axle
prior to June 1, 1981. The maximum gross weight on four or fewer consecutive axles of
vehicles excepted by this clause shall not exceed any maximum weight specified for four
or fewer consecutive axles in this section.

new text begin (c) Notwithstanding the maximum weight provisions of this section and section
169.85, and in order to promote the reduction of fuel use and emissions because of engine
idling, the maximum gross vehicle weight limits and the axle weight limits for any motor
vehicle subject to sections 169.80 to 169.88 and equipped with idle reduction technology
must be increased by the amount of weight necessary to compensate for the weight of the
idle reduction technology, not to exceed 400 pounds. At the request of an authorized
representative of the Department of Transportation or Department of Public Safety the
vehicle operator shall provide proof that the vehicle is equipped with this technology
through documentation or demonstration.
new text end