SF 1275

1st Engrossment - 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,
sections 169.824, subdivision 2; 221.0314, subdivision 9; 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) The commissioner shall allow a commercial motor vehicle operator who is
subject to hours of service regulations under Code of Federal Regulations, title 49, part
395, to stop and park continuously, for a period of up to ten hours as necessary to comply
with the hours of service regulations, at any Department of Transportation safety rest area
or travel information center that has parking stalls designed to accommodate a commercial
motor vehicle, as defined in section 169.01, subdivision 75.
new text end

new text begin (b) Any clause or provision in a lease or other agreement for the operation of a
Department of Transportation safety rest area or travel information center that purports to
limit the requirements 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 deleted text begin shall deleted text end new text begin must new text end not exceed:

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

(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 routes, other than deleted text begin state trunk highways and routes that are designated under section
169.832, subdivision 11, 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 new text begin routes identified in clause (1).
new 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 deleted text begin 169.832, subdivision 11 deleted text end .
deleted text end

(b) deleted text begin 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 deleted text end new text begin 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 .

Sec. 3.

Minnesota Statutes 2006, section 221.0314, subdivision 9, is amended to read:

Subd. 9.

Hours of service of driver.

Code of Federal Regulations, title 49, part
395, is incorporated by reference, except that paragraphs (a), (c), (d), (f), (h), (i), (k), deleted text begin (l), deleted text end
(m), and (n) of section 395.1 and section 395.13 of that part are not incorporated. In
addition, cross-references to sections or paragraphs not incorporated in this subdivision
are not incorporated by reference. The requirements of Code of Federal Regulations, title
49, part 395, do not apply to drivers of lightweight vehicles.