Minnesota Legislature
SF 3298
1st Unofficial Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
KEY: stricken = removed, old language.
underscored = added, new language.
1.1 A bill for an act 1.2 relating to transportation; allowing advance funding 1.3 for trunk highways; modifying provisions governing 1.4 road inspections, first hauls, and weight allowances 1.5 for commercial motor vehicles and requiring a study; 1.6 modifying motor carrier provisions to reduce certain 1.7 regulatory obligations; modifying budget reduction of 1.8 department of transportation construction district 1; 1.9 providing for bikeway in Chanhassen; prohibiting 1.10 action and spending on Dan Patch commuter rail line; 1.11 providing for resolution of dispute relating to Camp 1.12 Coldwater Springs; requiring commissioner to retain 1.13 Stillwater bridge project in transportation 1.14 improvement program; providing for interregional 1.15 corridor designations; establishing highway 1.16 corridor-protection demonstration project; providing 1.17 for fees; requiring reports; making clarifying 1.18 changes; amending Minnesota Statutes 2000, sections 1.19 161.361; 168.011, subdivision 17; 168.013, subdivision 1.20 3; 169.771, subdivisions 2, 3; 169.85, subdivisions 1, 1.21 2; 169.851, subdivision 3; 169.86, subdivision 5; 1.22 221.0252, subdivision 3; 221.0314, by adding a 1.23 subdivision; 221.0355, subdivisions 2, 3; 221.221, 1.24 subdivision 4; 221.605, subdivision 1; Minnesota 1.25 Statutes 2001 Supplement, sections 221.221, 1.26 subdivision 2; Laws 2001, First Special Session 1.27 chapter 8, article 1, section 8; repealing Minnesota 1.28 Statutes 2000, section 221.0313; Minnesota Statutes 1.29 2001 Supplement, section 161.362. 1.30 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.31 Section 1. Minnesota Statutes 2000, section 161.361, is 1.32 amended to read: 1.33 161.361 [ADVANCE FUNDING FOR TRUNK HIGHWAY PROJECTS.] 1.34 Subdivision 1. [ADVANCE FUNDING.] A road authority other 1.35 than the commissioner may by agreement with the commissioner 1.36 make advances from any available funds to the commissioner to 1.37 expedite construction of all or part of a trunk highway. Money 2.1 may be advanced under this section only for projects already 2.2 included in the commissioner's ten-year highway work 2.3 program. The total amount of annual repayment to road 2.4 authorities under this subdivision must never exceed $10,000,000. 2.5 Subd. 1a. [INTERREGIONAL CORRIDORS.] By agreement with the 2.6 commissioner, a road authority other than the commissioner or 2.7 two or more road authorities that have entered into a joint 2.8 powers agreement under section 471.59 may make advances from any 2.9 available funds to the commissioner to expedite development of 2.10 an interregional transportation corridor, including funds for 2.11 design consultants, for right-of-way purchases, for 2.12 construction, or for other related expenditures. The total 2.13 amount of annual repayment to road authorities under this 2.14 subdivision must never exceed $10,000,000. 2.15 Subd. 1b. [BOTTLENECKS.] By agreement with the 2.16 commissioner, a road authority other than the commissioner or 2.17 two or more road authorities that have entered into a joint 2.18 powers agreement under section 471.59 may make advances from any 2.19 available funds to the commissioner to expedite bottleneck 2.20 reduction, including funds for design consultants, for 2.21 right-of-way purchases, for construction, or for other related 2.22 expenditures. The total amount of annual repayment to road 2.23 authorities under this subdivision must never exceed $10,000,000. 2.24 Subd. 2. [REPAYMENT.] Subject to the availability of state 2.25 money, the commissioner shall repaywithout interestthe 2.26amountamounts advanced undersubdivision 1this section, up to 2.27 the state's share of project costs,at the time the project is2.28scheduled for completion in the highway work program. The total2.29amount of annual repayment to road authorities under this2.30section must never exceed the amount stated in the department's2.31debt management policy or $10,000,000, whichever is lessunder 2.32 terms of the agreement. The agreement may provide for payment 2.33 of interest for funds advanced under subdivision 1a and 1b. The 2.34 maximum interest rate that may be paid is the rate earned by the 2.35 state on invested treasurer's cash for the month before the date 2.36 the agreement is executed or the actual interest paid by the 3.1 road authority in borrowing for the amount advanced, whichever 3.2 rate is less. 3.3 Sec. 2. Minnesota Statutes 2000, section 168.011, 3.4 subdivision 17, is amended to read: 3.5 Subd. 17. [FARM TRUCK.] (a) "Farm truck" means all single 3.6 unit trucks, truck-tractors, tractors, semitrailers, and 3.7 trailers used by the owner thereof to transport agricultural, 3.8 horticultural, dairy, and other farm products, including 3.9 livestock, produced or finished by the owner of the truck, and 3.10 any other personal property owned by the farmer to whom the 3.11 license for the truck is issued, from the farm to market, and to 3.12 transport property and supplies to the farm of the owner. 3.13 Trucks, truck-tractors, tractors, semitrailers, and trailers 3.14 registered as "farm trucks" may be used by the owner thereof to 3.15 occasionally transport unprocessed and raw farm products, not 3.16 produced by the owner of the truck, from the place of production 3.17 to market when the transportation constitutes the first haul of 3.18 the products, and may be used by the owner thereof, either 3.19 farmer or logger who harvests and hauls forest products only, to 3.20 transport logs, pulpwood, lumber, chips, railroad ties and other 3.21 raw and unfinished forest products from the place of production 3.22 to an intermediate or final assembly point or transfer yard or 3.23 railheadwhen the transportation constitutes, which 3.24 transportation may be continued by another farm truck to a place 3.25 for final processing or manufacture located within 200 miles of 3.26 the place of production and all of which is deemed to constitute 3.27 the first haulthereof,of unfinished wood products; provided 3.28 that the owner and operator of the vehicle transporting planed 3.29 lumber shall have in immediate possession a statement signed by 3.30 the producer of the lumber designating the governmental 3.31 subdivision, section, and township where the lumber was produced 3.32 and that this haul, indicating the date, is the first haul 3.33 thereof. The licensed vehicles may also be used by the owner 3.34 thereof to transport, to and from timber-harvesting areas, 3.35 equipment and appurtenances incidental to timber harvesting, and 3.36 gravel and other road-building materials for timber haul roads. 4.1 (b) "Farm trucks" shall also include only single unit 4.2 trucks, whichthat, because of their construction, cannot be 4.3 used for any other purpose and are used exclusively to transport 4.4 milk and cream en route from a farm to an assembly point or 4.5 place for final manufacture, and for transporting milk and cream 4.6 from an assembly point to a place for final processing or 4.7 manufacture. This section shall not be construed to mean that 4.8 the owner or operator of the truck cannot carry on usual 4.9 accommodation services for patrons on regular return trips, such 4.10 as butter, cream, cheese, and other dairy supplies. 4.11 Sec. 3. Minnesota Statutes 2000, section 168.013, 4.12 subdivision 3, is amended to read: 4.13 Subd. 3. [APPLICATION; CANCELLATION; EXCESSIVE GROSS 4.14 WEIGHT FORBIDDEN.] (a) The applicant for all licenses based on 4.15 gross weight shall state the unloaded weight of the motor 4.16 vehicle, trailer, or semitrailer and the maximum load the 4.17 applicant proposes to carry thereon, the sum of which shall 4.18 constitute the gross weight upon which the license tax shall be 4.19 paid, but in no case shall the declared gross weight upon which 4.20 the tax is paid be less than 1-1/4 times the declared unloaded 4.21 weight of the motor vehicle, trailer, or semitrailer to be 4.22 registered, except recreational vehicles taxed under subdivision 4.23 1g, school buses taxed under subdivision 18, and tow trucks or 4.24 towing vehicles defined in section 169.01, subdivision 52. The 4.25 gross weight of a tow truck or towing vehicle is the actual 4.26 weight of the tow truck or towing vehicle fully equipped, but 4.27 does not include the weight of a wrecked or disabled vehicle 4.28 towed or drawn by the tow truck or towing vehicle. 4.29 (b) The gross weight ofnoa motor vehicle, trailer, or 4.30 semitrailer shall not exceed the gross weight upon which the 4.31 license tax has been paid by more than four percent or 1,000 4.32 pounds, whichever is greater; provided that, a vehicle 4.33 transporting unfinished forest products in accordance with 4.34 paragraph (d)(3) shall not exceed its gross vehicle weight upon 4.35 which the license tax has been paid, or gross axle weight on any 4.36 axle, by more than five percent and, notwithstanding other law 5.1 to the contrary, is not subject to any fee, fine, or other 5.2 assessment or penalty for exceeding a gross vehicle or axle 5.3 weight by up to five percent. 5.4 (c) The gross weight of the motor vehicle, trailer, or 5.5 semitrailer for which the license tax is paid shall be indicated 5.6 by a distinctive character on the license plate or plates except 5.7 as provided in subdivision 12 and the plate or plates shall be 5.8 kept clean and clearly visible at all times. 5.9 (d) The owner, driver, or user of a motor vehicle, trailer, 5.10 or semitrailer, upon conviction for transporting a gross weight 5.11 in excess of the gross weight for which it was registered or for 5.12 operating a vehicle with an axle weight exceeding the maximum 5.13 lawful axle load weight, shall be guilty of a misdemeanor and be 5.14 subject to increased registration or reregistration according to 5.15 the following schedule: 5.16 (1) The owner, driver, or user of a motor vehicle, trailer, 5.17 or semitrailer, upon conviction for transporting a gross weight 5.18 in excess of the gross weight for which it is registered by more 5.19 thanfour percent or 1,000 pounds, whichever is greater,the 5.20 allowance set forth in paragraph (b) but less than 25 percent or 5.21 for operating or using a motor vehicle, trailer, or semitrailer 5.22 with an axle weight exceeding the maximum lawful axle load as 5.23 provided in section 169.825 by more thanfour percent or 1,0005.24pounds, whichever is greater,the allowance set forth in 5.25 paragraph (b) but less than 25 percent, in addition to any 5.26 penalty imposed for the misdemeanor shall apply to the registrar 5.27 to increase the authorized gross weight to be carried on the 5.28 vehicle to a weight equal to or greater than the gross weight 5.29 the owner, driver, or user was convicted of carrying, the 5.30 increase computed for the balance of the calendar year on the 5.31 basis of 1/12 of the annual tax for each month remaining in the 5.32 calendar year beginning with the first day of the month in which 5.33 the violation occurred. If the additional registration tax 5.34 computed upon that weight, plus the tax already paid, amounts to 5.35 more than the regular tax for the maximum gross weight permitted 5.36 for the vehicle under section 169.825, that additional amount 6.1 shall nevertheless be paid into the highway fund, but the 6.2 additional tax thus paid shall not permit the vehicle to be 6.3 operated with a gross weight in excess of the maximum legal 6.4 weight as provided by section 169.825. Unless the owner within 6.5 30 days after a conviction shall apply to increase the 6.6 authorized weight and pay the additional tax as provided in this 6.7 section, the registrar shall revoke the registration on the 6.8 vehicle and demand the return of the registration card and 6.9 plates issued on that registration. 6.10 (2) The owner or driver or user of a motor vehicle, 6.11 trailer, or semitrailer upon conviction for transporting a gross 6.12 weight in excess of the gross weight for which the motor 6.13 vehicle, trailer, or semitrailer was registered by 25 percent or 6.14 more, or for operating or using a vehicle or trailer with an 6.15 axle weight exceeding the maximum lawful axle load as provided 6.16 in section 169.825 by 25 percent or more, in addition to any 6.17 penalty imposed for the misdemeanor, shall have the reciprocity 6.18 privileges on the vehicle involved if the vehicle is being 6.19 operated under reciprocity canceled by the registrar, or if the 6.20 vehicle is not being operated under reciprocity, the certificate 6.21 of registration on the vehicle operated shall be canceled by the 6.22 registrar and the registrar shall demand the return of the 6.23 registration certificate and registration plates. The registrar 6.24 may not cancel the registration or reciprocity privileges for 6.25 any vehicle found in violation of seasonal load restrictions 6.26 imposed under section 169.87 unless the axle weight exceeds the 6.27 year-round weight limit for the highway on which the violation 6.28 occurred. The registrar may investigate any allegation of gross 6.29 weight violations and demand that the operator show cause why 6.30 all future operating privileges in the state should not be 6.31 revoked unless the additional tax assessed is paid. 6.32 (3) Clause (1) does not apply to the first haul of 6.33 unprocessed or raw farm products or unfinished forest products, 6.34 when the registered gross weight is not exceeded by more than 6.35 ten percent. For purposes of this clause, "first haul" means 6.36 (i) the first, continuous transportation of unprocessed or raw 7.1 farm products from the place of production or on-farm storage 7.2 site to any other location within 50 miles of the place of 7.3 production or on-farm storage site, or (ii) thefirst,7.4 continuous or noncontinuous transportation of unfinished forest 7.5 products from the place of production to the place offirst7.6unloadingfinal processing or manufacture located within 200 7.7 miles of the place of production. 7.8 (4) When the registration on a motor vehicle, trailer, or 7.9 semitrailer is revoked by the registrar according to provisions 7.10 of this section, the vehicle shall not be operated on the 7.11 highways of the state until it is registered or reregistered, as 7.12 the case may be, and new plates issued, and the registration fee 7.13 shall be the annual tax for the total gross weight of the 7.14 vehicle at the time of violation. The reregistration pursuant 7.15 to this subdivision of any vehicle operating under reciprocity 7.16 agreements pursuant to section 168.181 or 168.187 shall be at 7.17 the full annual registration fee without regard to the 7.18 percentage of vehicle miles traveled in this state. 7.19 Sec. 4. Minnesota Statutes 2000, section 169.771, 7.20 subdivision 2, is amended to read: 7.21 Subd. 2. [INSPECTION BY STATE TROOPER.] (a) The 7.22 commissioner of public safety is directed to accelerate spot 7.23 check inspections for unsafe motor vehicles and motor vehicle 7.24 equipment. Such inspections shall be conducted by the personnel 7.25 of the state patrol who shall give the operator of a commercial 7.26 motor vehicle a signed and dated document as evidence of the 7.27 inspection. 7.28 (b) However, personnel of the state patrol may not conduct 7.29 another spot inspection of a commercial motor vehicle if (1) the 7.30 operator of the vehicle can show evidence of an inspection, 7.31 which is free of critical defects, conducted in Minnesota 7.32 according to this section within the previous 90 days and (2) a 7.33 state trooper does not have probable cause to believe the 7.34 vehicle or its equipment is unsafe or that the operator has 7.35 engaged in illegal activity. In addition, if the operator shows 7.36 the state trooper evidence that the commercial motor vehicle has 8.1 been inspected within the previous 90 days, but the officer has 8.2 probable cause to believe the vehicle or its equipment is unsafe 8.3 or to suspect illegal activity, then the vehicle may be 8.4 inspected to confirm the existence or absence of an unsafe 8.5 condition or of the suspected illegal activity. 8.6 Sec. 5. Minnesota Statutes 2000, section 169.771, 8.7 subdivision 3, is amended to read: 8.8 Subd. 3. [RULES.] The commissioner of public safety may 8.9 establish such reasonable rules as are necessary to carry out 8.10 the provisions of this section, but all spot check inspections 8.11 shall be held in compliance with subdivision 2 and in such a 8.12 manner that the motor vehicle operators, either private or 8.13 commercial, shall not be unnecessarily inconvenienced either by 8.14 extended detours, unnecessary delays, or any other unreasonable 8.15 cause. 8.16 Sec. 6. Minnesota Statutes 2000, section 169.85, 8.17 subdivision 1, is amended to read: 8.18 Subdivision 1. [DRIVER TO STOP FOR WEIGHING.] (a) The 8.19 driver of a vehiclewhichthat has been lawfully stopped may be 8.20 required by an officer to submit the vehicle and load to a 8.21 weighing by means of portable or stationary scales, and. 8.22 (b) In addition, the officer may require that the vehicle 8.23 be driven to the nearest available scales, but only if: 8.24 (1) the distance to the scales is no further than five 8.25 miles, or if the distance from the point where the vehicle is 8.26 stopped to the vehicle's destination is not increased by more 8.27 than ten miles as a result of proceeding to the nearest 8.28 available scales; and 8.29 (2) if the vehicle is a commercial motor vehicle, no more 8.30 than two other commercial motor vehicles are waiting to be 8.31 inspected at the scale. 8.32 (c) Official traffic control devices as authorized by 8.33 section 169.06 may be used to direct the driver to the nearest 8.34 scale. 8.35 (d) When a truck weight enforcement operation is conducted 8.36 by means of portable or stationary scales and signs giving 9.1 notice of the operation are posted within the highway 9.2 right-of-way and adjacent to the roadway within two miles of the 9.3 operation, the driver of a truck or combination of vehicles 9.4 registered for or weighing in excess of 12,000 pounds shall 9.5 proceed to the scale site and submit the vehicle to weighing and 9.6 inspection. 9.7 Sec. 7. Minnesota Statutes 2000, section 169.85, 9.8 subdivision 2, is amended to read: 9.9 Subd. 2. [UNLOADING.] (a) Upon weighing a vehicle and 9.10 load, as provided in this section, an officer may require the 9.11 driver to stop the vehicle in a suitable place and remain 9.12 standing until a portion of the load is removed that is 9.13 sufficient to reduce the gross weight of the vehicle to the 9.14 limit permitted under either section 168.013, subdivision 3, 9.15 paragraph (b), or 169.825, whichever is the lesser violation, if 9.16 any. A suitable place is a location where loading or tampering 9.17 with the load is not prohibited by federal, state, or local law, 9.18 rule, or ordinance. 9.19 (b) Except as provided in paragraph (c), a driver may be 9.20 required to unload a vehicle only if the weighing officer 9.21 determines that(a)(1) on routes subject to the provisions of 9.22 section 169.825, the weight on an axle exceeds the lawful gross 9.23 weight prescribed by section 169.825, by 2,000 pounds or more, 9.24 or the weight on a group of two or more consecutive axles in 9.25 cases where the distance between the centers of the first and 9.26 last axles of the group under consideration is ten feet or less 9.27 exceeds the lawful gross weight prescribed by section 169.825, 9.28 by 4,000 pounds or more; or(b)(2) on routes designated by the 9.29 commissioner in section 169.832, subdivision 11, the overall 9.30 weight of the vehicle or the weight on an axle or group of 9.31 consecutive axles exceeds the maximum lawful gross weights 9.32 prescribed by section 169.825; or(c)(3) the weight is unlawful 9.33 on an axle or group of consecutive axles on a road restricted in 9.34 accordance with section 169.87. Material unloaded must be cared 9.35 for by the owner or driver of the vehicle at the risk of the 9.36 owner or driver. 10.1 (c) If the gross weight of the vehicle does not exceed the 10.2 vehicle's registered gross weight plus the weight allowance set 10.3 forth in section 168.013, subdivision 3, paragraph (b), then the 10.4 vehicle is deemed to be not in violation under paragraph (b). 10.5 Sec. 8. Minnesota Statutes 2000, section 169.851, 10.6 subdivision 3, is amended to read: 10.7 Subd. 3. [FIRST HAUL.] "First haul"means the first,10.8continuous transportation from the place of production or on10.9farm storage site to any other location within 50 miles of the10.10place of production or on farm storage sitehas the meaning 10.11 given it in section 168.013, subdivision 3, paragraph (d)(3). 10.12 Sec. 9. Minnesota Statutes 2000, section 169.86, 10.13 subdivision 5, is amended to read: 10.14 Subd. 5. [FEE; PROCEEDS TO TRUNK HIGHWAY FUND.] The 10.15 commissioner, with respect to highways under the commissioner's 10.16 jurisdiction, may charge a fee for each permit issued. All such 10.17 fees for permits issued by the commissioner of transportation 10.18 shall be deposited in the state treasury and credited to the 10.19 trunk highway fund. Except for those annual permits for which 10.20 the permit fees are specified elsewhere in this chapter, the 10.21 fees shall be: 10.22 (a) $15 for each single trip permit. 10.23 (b) $36 for each job permit. A job permit may be issued 10.24 for like loads carried on a specific route for a period not to 10.25 exceed two months. "Like loads" means loads of the same 10.26 product, weight, and dimension. 10.27 (c) $60 for an annual permit to be issued for a period not 10.28 to exceed 12 consecutive months. Annual permits may be issued 10.29 for: 10.30 (1) motor vehicles used to alleviate a temporary crisis 10.31 adversely affecting the safety or well-being of the public; 10.32 (2) motor vehicles which travel on interstate highways and 10.33 carry loads authorized under subdivision 1a; 10.34 (3) motor vehicles operating with gross weights authorized 10.35 under section 169.825, subdivision 11, paragraph (a), clause 10.36 (3); 11.1 (4) special pulpwood vehicles described in section 169.863; 11.2and11.3 (5) motor vehicles bearing snowplow blades not exceeding 11.4 ten feet in width; and 11.5 (6) noncommercial transportation of a boat by the owner or 11.6 user of the boat. 11.7 (d) $120 for an oversize annual permit to be issued for a 11.8 period not to exceed 12 consecutive months. Annual permits may 11.9 be issued for: 11.10 (1) mobile cranes; 11.11 (2) construction equipment, machinery, and supplies; 11.12 (3) manufactured homes; 11.13 (4) implements of husbandry when the movement is not made 11.14 according to the provisions of paragraph (i); 11.15 (5) double-deck buses; 11.16 (6) commercial boat hauling. 11.17 (e) For vehicles which have axle weights exceeding the 11.18 weight limitations of section 169.825, an additional cost added 11.19 to the fees listed above. However, this paragraph applies to 11.20 any vehicle described in section 168.013, subdivision 3, 11.21 paragraph (b), but only when the vehicle exceeds its gross 11.22 weight allowance set forth in that paragraph, and then the 11.23 additional cost is for all weight, including the allowance 11.24 weight, in excess of the permitted maximum axle weight. The 11.25 additional cost is equal to the product of the distance traveled 11.26 times the sum of the overweight axle group cost factors shown in 11.27 the following chart: 11.28 Overweight Axle Group Cost Factors 11.29 Weight (pounds) Cost Per Mile For Each Group Of: 11.30 exceeding Two consec- Three consec- Four consec- 11.31 weight utive axles utive axles utive axles 11.32 limitations spaced within spaced within spaced within 11.33 on axles 8 feet or less 9 feet or less 14 feet or less 11.34 0-2,000 .12 .05 .04 11.35 2,001-4,000 .14 .06 .05 11.36 4,001-6,000 .18 .07 .06 12.1 6,001-8,000 .21 .09 .07 12.2 8,001-10,000 .26 .10 .08 12.3 10,001-12,000 .30 .12 .09 12.4 12,001-14,000 Not permitted .14 .11 12.5 14,001-16,000 Not permitted .17 .12 12.6 16,001-18,000 Not permitted .19 .15 12.7 18,001-20,000 Not permitted Not permitted .16 12.8 20,001-22,000 Not permitted Not permitted .20 12.9 The amounts added are rounded to the nearest cent for each axle 12.10 or axle group. The additional cost does not apply to paragraph 12.11 (c), clauses (1) and (3). 12.12 For a vehicle found to exceed the appropriate maximum permitted 12.13 weight, a cost-per-mile fee of 22 cents per ton, or fraction of 12.14 a ton, over the permitted maximum weight is imposed in addition 12.15 to the normal permit fee. Miles must be calculated based on the 12.16 distance already traveled in the state plus the distance from 12.17 the point of detection to a transportation loading site or 12.18 unloading site within the state or to the point of exit from the 12.19 state. 12.20 (f) As an alternative to paragraph (e), an annual permit 12.21 may be issued for overweight, or oversize and overweight, 12.22 construction equipment, machinery, and supplies. The fees for 12.23 the permit are as follows: 12.24 Gross Weight (pounds) of Vehicle Annual Permit Fee 12.25 90,000 or less $200 12.26 90,001 - 100,000 $300 12.27 100,001 - 110,000 $400 12.28 110,001 - 120,000 $500 12.29 120,001 - 130,000 $600 12.30 130,001 - 140,000 $700 12.31 140,001 - 145,000 $800 12.32 If the gross weight of the vehicle is more than 145,000 pounds 12.33 the permit fee is determined under paragraph (e). 12.34 (g) For vehicles which exceed the width limitations set 12.35 forth in section 169.80 by more than 72 inches, an additional 12.36 cost equal to $120 added to the amount in paragraph (a) when the 13.1 permit is issued while seasonal load restrictions pursuant to 13.2 section 169.87 are in effect. 13.3 (h) $85 for an annual permit to be issued for a period not 13.4 to exceed 12 months, for refuse compactor vehicles that carry a 13.5 gross weight of not more than: 22,000 pounds on a single rear 13.6 axle; 38,000 pounds on a tandem rear axle; or, subject to 13.7 section 169.825, subdivision 14, 46,000 pounds on a tridem rear 13.8 axle. A permit issued for up to 46,000 pounds on a tridem rear 13.9 axle must limit the gross vehicle weight to not more than 62,000 13.10 pounds. 13.11 (i) For vehicles exclusively transporting implements of 13.12 husbandry, an annual permit fee of $24. A vehicle operated 13.13 under a permit authorized by this paragraph may be moved at the 13.14 discretion of the permit holder without prior route approval by 13.15 the commissioner if: 13.16 (1) the total width of the transporting vehicle, including 13.17 load, does not exceed 14 feet; 13.18 (2) the vehicle is operated only between sunrise and 30 13.19 minutes after sunset, and is not operated at any time after 13.20 12:00 noon on Sundays or holidays; 13.21 (3) the vehicle is not operated when visibility is impaired 13.22 by weather, fog, or other conditions that render persons and 13.23 other vehicles not clearly visible at 500 feet; 13.24 (4) the vehicle displays at the front and rear of the load 13.25 or vehicle a pair of flashing amber lights, as provided in 13.26 section 169.59, subdivision 4, whenever the overall width of the 13.27 vehicle exceeds 126 inches; and 13.28 (5) the vehicle is not operated on a trunk highway with a 13.29 surfaced roadway width of less than 24 feet unless such 13.30 operation is authorized by the permit. 13.31 A permit under this paragraph authorizes movements of the 13.32 permitted vehicle on an interstate highway, and movements of 75 13.33 miles or more on other highways. 13.34 Sec. 10. Minnesota Statutes 2000, section 221.0252, 13.35 subdivision 3, is amended to read: 13.36 Subd. 3. [AUDIT; INSPECTION.] (a) Within 90 days of 14.1 issuing a new certificate of registration to a carrier under 14.2 this section, and before issuing an annual renewal of a 14.3 certificate of registration, the commissioner shall: 14.4 (1) conduct an audit of the carrier's records; 14.5 (2) inspect the vehicles the carrier uses in its motor 14.6 carrier operation to determine if they comply with the federal 14.7 regulations incorporated in section 221.0314 or accept for 14.8 filing proof that a complete vehicle inspection was conducted 14.9 within the previous one year by a commercial vehicle inspector 14.10 of the department of public safety; 14.11 (3) verify that the carrier has a designated office in 14.12 Minnesota where the books and files necessary to conduct 14.13 business and the records required by this chapter are kept and 14.14shall bemade available for inspection by the commissioner; 14.15 (4) audit the carrier's drivers' criminal background and 14.16 safety records; and 14.17 (5) verify compliance with the insurance requirements of 14.18 section 221.141. 14.19 (b) To streamline the audit process and to reduce the 14.20 regulatory burden on carriers, the commissioner may reduce the 14.21 number of vehicle inspections and records audited under 14.22 paragraph (a) if the commissioner has sufficient information 14.23 from federal and state motor carrier safety data about a 14.24 carrier's operations to determine that a carrier has an 14.25 effective safety management program. 14.26 (c) The commissioner and the commissioner of public safety 14.27 shall, through an interagency agreement, coordinate vehicle 14.28 inspection activities to avoid duplication of annual vehicle 14.29 inspections to minimize the burden of compliance on carriers and 14.30 to maximize the efficient use of state resources. 14.31 Sec. 11. Minnesota Statutes 2000, section 221.0314, is 14.32 amended by adding a subdivision to read: 14.33 Subd. 3b. [FEDERAL WAIVER, EXEMPTION.] Notwithstanding 14.34 subdivisions 3 and 3a, a Minnesota intrastate waiver is not 14.35 required in Minnesota intrastate commerce if that person holds a 14.36 valid interstate waiver or comparable document for physical 15.1 qualifications described in Code of Federal Regulations, title 15.2 49, section 391.41. 15.3 Sec. 12. Minnesota Statutes 2000, section 221.0355, 15.4 subdivision 2, is amended to read: 15.5 Subd. 2. [DEFINITIONS.] For purposes of this section, the 15.6 following words and phrases have the meanings given them in this 15.7 subdivision: 15.8 (a) "Base state" means the state selected by a carrier 15.9 according to the procedures established by the uniform program. 15.10 (b) "Base state agreement" means the agreement between 15.11 participating states electing to register or permit carriers of 15.12 hazardous material or hazardous waste. 15.13 (c) "Carrier" means a person who operates a motor vehicle 15.14 used to transport hazardous material or hazardous waste. 15.15 (d) "Designated hazardous material" means a hazardous 15.16 material described in Code of Federal Regulations, title 49, 15.17 section 107.601, which is incorporated by reference. 15.18 (e) "Hazardous material" means: 15.19 (1) a hazardous material when the hazardous material is of 15.20 a type or in a quantity that requires the transport vehicle to 15.21 be placarded in accordance with Code of Federal Regulations, 15.22 title 49, part 172; or 15.23 (2) a hazardous substance or marine pollutant when 15.24 transported in bulk packaging as defined in Code of Federal 15.25 Regulations, title 49, section 171.8, which is incorporated by 15.26 reference. 15.27 (f) "Hazardous material transportation" means the 15.28 transportation of hazardous material or hazardous waste, or 15.29 both, on the public highways. 15.30 (g) "Hazardous waste" means hazardous waste of a type and 15.31 amount that requires the shipment to be accompanied by a uniform 15.32 hazardous waste manifest described in Code of Federal 15.33 Regulations, title 40, part 262, including state-designated 15.34 hazardous wastes when a list of state-designated hazardous 15.35 wastes has been filed by the state with the national repository 15.36 under the uniform program. 16.1 (h) "Participating state" means a state electing to 16.2 participate in the uniform program by entering a base state 16.3 agreement. 16.4 (i) "Person" means an individual, firm, copartnership, 16.5 cooperative, company, association, limited liability company, 16.6 corporation, or public entity. 16.7 (j) "Public entity" means a carrier who is a federal or 16.8 state agency or political subdivision. 16.9 (k) "Shipper" means a person who offers a designated 16.10 hazardous material to another person for shipment or who causes 16.11 a designated hazardous material to be transported or shipped by 16.12 another person. 16.13 (l) "Uniform application" means the uniform motor carrier 16.14 registration and permit application form established under the 16.15 uniform program. 16.16 (m) "Uniform program" means the Uniform State Hazardous 16.17 Materials Transportation Motor Carrier Registration and Permit 16.18 Program established in the report submitted to the secretary of 16.19 transportation pursuant to the "Hazardous Materials 16.20 Transportation Uniform Safety Act of 1990," United States Code, 16.21 title 49 appendix, section 1819, subsection (c). 16.22 Sec. 13. Minnesota Statutes 2000, section 221.0355, 16.23 subdivision 3, is amended to read: 16.24 Subd. 3. [GENERAL REQUIREMENTS.] Except as provided in 16.25 subdivision 17, after October 1, 1994: 16.26 (a) No carrier, other than a public entity, may transport a 16.27 hazardous material by motor vehicle in Minnesota unless it has 16.28 complied with subdivision 4. 16.29 (b) No carrier, other than a public entity, may transport a 16.30 hazardous waste in Minnesota unless it has complied with 16.31 subdivisions 4 and 5. 16.32 (c) No shipper may offer a designated hazardous material 16.33 for shipment or cause a designated hazardous material to be 16.34 transported or shipped in Minnesota unless it has complied with 16.35 subdivision 7. 16.36 (d) No carrier, other than a public entity, may transport a 17.1 designated hazardous material by rail or water in Minnesota 17.2 unless it has complied with subdivision 7a. 17.3 (e) No public entity may transport a hazardous material or 17.4 hazardous waste by motor vehicle in Minnesota unless it has 17.5 complied with subdivision 8. 17.6 (f) A carrier registered under this section, who 17.7 exclusively offers designated materials for shipment only in 17.8 vehicles controlled or operated by that carrier and who does not 17.9 offer hazardous materials to other private or for-hire carriers, 17.10 is not required to register as a shipper under subdivision 7. 17.11 Sec. 14. Minnesota Statutes 2001 Supplement, section 17.12 221.221, subdivision 2, is amended to read: 17.13 Subd. 2. [ENFORCEMENT POWERS.] Transportation program 17.14 specialists and hazardous material program specialists of the 17.15 department, for the purpose of enforcingthe provisions of(1) 17.16 this chapter, sections 169.781 to 169.783 relating to commercial 17.17 vehicle inspections, and section 296A.27, subdivisions 6 and 12, 17.18 relating to motor carrier licenses and trip permits, (2) Code of 17.19 Federal Regulations, title 49, parts 40 and 382, and (3) the 17.20 applicable rules, orders, or directives of the commissioner of 17.21 transportation and the commissioner of revenue, issued under 17.22 this chapter and chapter 296A, but for no other purpose, have 17.23 the powers conferred by law upon police officers. The powers 17.24 include the authority to conduct inspections at designated 17.25 highway weigh stations or under other appropriate circumstances. 17.26 Sec. 15. Minnesota Statutes 2000, section 221.221, 17.27 subdivision 4, is amended to read: 17.28 Subd. 4. [DOCUMENT INSPECTION.] Records, log books, 17.29 certificates, licenses, shipping documents, or other papers or 17.30 documents required to determine compliance with this 17.31 chapterand, rules adopted under this chapter, and Code of 17.32 Federal Regulations, title 49, parts 40 and 382, must be 17.33 presented for inspection, upon request, to a peace officer or 17.34 police officer or other person empowered to enforcethe17.35provisions ofthis chapter. 17.36 Sec. 16. Minnesota Statutes 2000, section 221.605, 18.1 subdivision 1, is amended to read: 18.2 Subdivision 1. [FEDERAL REGULATIONS.] (a) Interstate 18.3 carriers and private carriers engaged in interstate commerce 18.4 shall comply with the federal motor carriersafetyregulations,18.5 in Code of Federal Regulations, title 49, parts 40, 382, 387, 18.6 and 390tothrough 398; with Code of Federal Regulations, title18.749, part 40;and with the rules of the commissioner concerning 18.8 inspections, vehicle and driver out-of-service restrictions and 18.9 requirements, and vehicle, driver, and equipment checklists. 18.10 For purposes of regulating commercial motor vehicles as defined 18.11 in section 169.781, subdivision 1, the exemption provided in 18.12 Code of Federal Regulations, title 49, section 396.11, paragraph 18.13 (d), applies in Minnesota only to driveaway-towaway operations. 18.14 (b) An interstate carrier or private carrier engaged in 18.15 interstate commerce who complies with federal regulations 18.16 governing testing for controlled substances and alcohol is 18.17 exempt from the requirements of sections 181.950 to 181.957 18.18 unless the carrier's drug testing program provides for testing 18.19 for controlled substances in addition to those listed in Code of 18.20 Federal Regulations, title 49, section40.21, paragraph18.21(a)40.85. Persons subject to this section may test for drugs, 18.22 in addition to those listed in Code of Federal Regulations, 18.23 title 49, section40.21, paragraph (a)40.85, only in accordance 18.24 with sections 181.950 to 181.957 and rules adopted under those 18.25 sections. 18.26 Sec. 17. Laws 2001, First Special Session chapter 8, 18.27 article 1, section 8, is amended to read: 18.28 Sec. 8. [DEPARTMENT OF TRANSPORTATION DISTRICT 1 18.29 CONSTRUCTION BUDGET.] 18.30 The commissioner of transportation shall reduce the 18.31 construction budget of the department of transportation 18.32 construction district 1 by$35,000,000$24,700,000 over the 18.33 period from fiscal year 2003 through fiscal year 2007, in order 18.34 to repay the advance of highway construction funds in fiscal 18.35 years 2001 and 2002. The reduction in each year of the period 18.36 mustequal the cost of trunk highway construction projects that19.1were originally scheduled to be constructed during that year19.2that were constructed in fiscal year 2001 or 2002 insteadbe 19.3 approximately $5,000,000 until the funds advanced have been 19.4 repaid. 19.5[EFFECTIVE DATE.] This section is effective the day 19.6 following final enactment. 19.7 Sec. 18. [PERMIT FOR BIKEWAY IN CHANHASSEN.] 19.8 Subdivision 1. [BIKEWAY REQUIREMENTS.] (a) For purposes of 19.9 this section, the terms "bikeway" and "roadway" have the 19.10 meanings given them in Minnesota Statutes, section 169.01, and 19.11 the term "pedestrian walkway" has the meaning given it in 19.12 Minnesota Rules 2001, part 8810.6000. 19.13 (b) Notwithstanding other law to the contrary, within 60 19.14 days of the effective date of this section the commissioner of 19.15 transportation shall grant a permit to the city of Chanhassen to 19.16 construct a bikeway on the west side and within the right-of-way 19.17 of trunk highway signed No. 101 from its intersection with trunk 19.18 highway signed No. 62 to its intersection with West 78th street 19.19 in the city of Chanhassen. 19.20 (c) The permit shall allow the construction of a bikeway 19.21 that is paved, is six feet wide, and allows for two-way bicycle 19.22 travel, that is located within the highway right-of-way, that 19.23 also allows use as a pedestrian walkway, and that otherwise 19.24 complies with the minimum requirements of Minnesota Rules 2001, 19.25 part 8810.6600. 19.26 (d) The bicycle path must be constructed with minimum 19.27 impact on adjacent properties and on mature, quality trees. 19.28 (e) The city of Chanhassen may, but is not required to, 19.29 enter into a contract with the commissioner of transportation 19.30 for construction of the bicycle path. 19.31 Subd. 2. [BIKEWAY RESPONSIBILITY FOLLOWING HIGHWAY 19.32 RECONSTRUCTION.] The commissioner of transportation shall 19.33 repair, restore, or reconstruct the bikeway or, if necessary, 19.34 construct a new bikeway as necessary following any subsequent 19.35 repair, expansion, reconstruction, or turnback of that segment 19.36 of trunk highway signed No. 101 described in subdivision 1, 20.1 paragraph (b). The commissioner shall accomplish the necessary 20.2 repair, restoration, reconstruction, or new construction of the 20.3 bikeway within 90 days of completing either the work on the 20.4 highway or the procedures for turnback. 20.5 Sec. 19. [INTERREGIONAL CORRIDOR DESIGNATION.] 20.6 The commissioner of transportation shall by August 30, 20.7 2002, designate high priority interregional corridors that 20.8 connect regional trade and population centers within the state 20.9 to Canadian provinces and serve as trade and tourism routes 20.10 between the state and Canadian provinces. 20.11 Sec. 20. [NORTHERN ZONE LOAD RESTRICTION STUDY.] 20.12 The commissioner of transportation shall conduct a study of 20.13 load restrictions and seasonal load increases in the northern 20.14 zone of Minnesota and make recommendations regarding the 20.15 establishment of one or more new zones given the varying climate 20.16 in the northern area of the state. The commissioner shall 20.17 report findings back to the committees of the senate and house 20.18 of representatives with jurisdiction over transportation policy 20.19 by December 15, 2002. 20.20 Sec. 21. [DAN PATCH COMMUTER RAIL LINE; PROHIBITIONS.] 20.21 Subdivision 1. [DEFINITION.] For purposes of this section, 20.22 "Dan Patch commuter rail line" means the commuter rail line 20.23 between Northfield and Minneapolis identified in the 20.24 metropolitan council's transit 2020 master plan as the Dan Patch 20.25 line. 20.26 Subd. 2. [METROPOLITAN COUNCIL; PROHIBITIONS.] The 20.27 metropolitan council may not take any action or spend any 20.28 federal, state, or local money for study, planning, preliminary 20.29 engineering, final design, or construction for the Dan Patch 20.30 commuter rail line. The council shall remove all references, 20.31 other than references for historical purposes, to the Dan Patch 20.32 commuter rail line from any future revisions to the council's 20.33 transportation policy plan and the council's regional transit 20.34 master plan. 20.35 Subd. 3. [COMMISSIONER OF TRANSPORTATION.] The 20.36 commissioner of transportation may not take any action or expend 21.1 any federal, state, or local money for study, planning, 21.2 preliminary engineering, final design, or construction for the 21.3 Dan Patch commuter rail line. The commissioner shall remove all 21.4 references, other than references for historical purposes, to 21.5 the Dan Patch commuter rail line from any future revisions to 21.6 the state transportation plan and the commissioner's commuter 21.7 rail system plan. 21.8 Subd. 4. [REGIONAL RAIL AUTHORITIES.] No county or 21.9 regional rail authority may expend any federal, state, or local 21.10 money for study, planning, preliminary engineering, final 21.11 design, or construction for the Dan Patch commuter rail line. 21.12[EFFECTIVE DATE.] This section is effective July 1, 2002. 21.13 Sec. 22. [PROTECTION OF NATURAL FLOW.] 21.14 A stipulation agreement entered into between the Minnehaha 21.15 Creek watershed district and the Minnesota department of 21.16 transportation concerning the controversy at issue in Court File 21.17 No. MC01-07478 in the fourth judicial district of Hennepin 21.18 county, has the force of law and supersedes the provisions of 21.19 Laws 2001, chapter 101, section 1. 21.20[EFFECTIVE DATE.] This section is effective the day 21.21 following final enactment. 21.22 Sec. 23. [ST. CROIX RIVER BRIDGE.] 21.23 Until July 1, 2003, the commissioner of transportation may 21.24 not cancel or remove from the commissioner's statewide 21.25 transportation improvement program, the trunk highway project 21.26 that would construct a new bridge across the St. Croix river at 21.27 or near the terminus of marked trunk highway No. 36. 21.28 Sec. 24. [REPORT.] 21.29 The commissioner of transportation shall develop 21.30 recommendations for a system of issuing single-trip permits 21.31 allowing use on interstate highways of motor vehicles and 21.32 combinations up to 88,000 gross vehicle weight through the sale 21.33 of books of multiple single-trip permits. The commissioner 21.34 shall consult with the states of North Dakota and South Dakota 21.35 in developing the recommendations. The commissioner shall 21.36 report to the legislature by January 15, 2003, on how to 22.1 implement the system, including an implementation schedule. 22.2 Sec. 25. [TRUNK HIGHWAY CORRIDOR-PROTECTION DEMONSTRATION 22.3 PROJECT.] 22.4 Subdivision 1. [ESTABLISHMENT OF PROJECT.] (a) The 22.5 commissioner of transportation, in cooperation with the trunk 22.6 highway No. 55 joint powers board, shall establish a 22.7 corridor-protection demonstration project along the corridor of 22.8 marked trunk highway No. 55 between marked interstate highway 22.9 No. 494 in Hennepin county and the city of Annandale in Wright 22.10 county. The purpose of the corridor-protection demonstration 22.11 project is to develop a transferable process and methodologies 22.12 for trunk highway corridor coalitions to use in protecting a 22.13 corridor for future capacity needs, such as for additional 22.14 lanes, safety improvements, improved access management, and bus 22.15 transit services. 22.16 (b) The commissioner, or a designee, shall participate as a 22.17 nonvoting member of the trunk highway No. 55 joint powers board, 22.18 provide technical advice and guidance relating to developing a 22.19 corridor-protection plan and official map, and provide a grant 22.20 to the board to hire a consultant. The joint powers board shall 22.21 use the grant to hire a consultant to conduct, at a minimum, the 22.22 following activities: 22.23 (1) develop a preliminary plan and layout for the future 22.24 boundaries and right-of-way needs of the highway corridor; 22.25 (2) develop an official map of the corridor; 22.26 (3) conduct at least one official public hearing in the 22.27 corridor upon completion of the official map; 22.28 (4) assist the municipalities in making any necessary 22.29 comprehensive plan amendments, zoning changes, or ordinance 22.30 changes; and 22.31 (5) educate the municipalities regarding appropriate 22.32 strategies, procedures, and tools to use to protect the corridor 22.33 for the planned right-of-way needs. 22.34 Subd. 2. [REPORT TO THE LEGISLATURE.] By January 15, 2004, 22.35 the commissioner shall report the results of the 22.36 corridor-protection demonstration project to the committees of 23.1 the senate and house of representatives with jurisdiction over 23.2 transportation policy and finance. The report must include 23.3 findings regarding the effectiveness of assisting communities in 23.4 developing a corridor-protection plan and official map and 23.5 estimates of future right-of-way savings due to early 23.6 implementation of right-of-way protection mechanisms. 23.7 Sec. 26. [REPEALER.] 23.8 Minnesota Statutes 2000, section 221.0313, is repealed. 23.9 Minnesota Statutes 2001 Supplement, section 161.362, is 23.10 repealed. 23.11 Sec. 27. [EFFECTIVE DATE.] 23.12 Sections 2 to 9 and 20 are effective the day following 23.13 final enactment.