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HF 1529

1st Committee Engrossment - 85th Legislature (2007 - 2008) Posted on 12/22/2009 12:38pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Committee Engrossment

1.1A bill for an act
1.2relating to transportation; prohibiting certain highway rest area operators
1.3from preventing commercial motor vehicle operators from observing federal
1.4"Hours of Service of Drivers" regulations; modifying certain provisions relating
1.5to maximum vehicle weight on highways; incorporating federal regulations
1.6governing hours of service for drivers of well-drilling rigs;amending Minnesota
1.7Statutes 2006, sections 169.824, subdivision 2; 221.0314, subdivision 9;
1.8proposing coding for new law in Minnesota Statutes, chapter 160.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.10    Section 1. [160.2721] COMMERCIAL VEHICLE DRIVERS AT REST AREAS.
1.11    (a) The commissioner shall allow a commercial motor vehicle operator who is
1.12subject to hours of service regulations under Code of Federal Regulations, title 49, part
1.13395, to stop and park continuously, for a period of up to ten hours as necessary to comply
1.14with the hours of service regulations, at any Department of Transportation safety rest area
1.15or travel information center that has parking stalls designed to accommodate a commercial
1.16motor vehicle, as defined in section 169.01, subdivision 75.
1.17    (b) Any clause or provision in a lease or other agreement for the operation of a
1.18Department of Transportation safety rest area or travel information center that purports to
1.19limit the requirements under paragraph (a) is void and without effect.
1.20EFFECTIVE DATE.This section is effective the day following final enactment.

1.21    Sec. 2. Minnesota Statutes 2006, section 169.824, subdivision 2, is amended to read:
1.22    Subd. 2. Gross vehicle weight of all axles. (a) Notwithstanding the provisions
1.23of section 169.85, the gross vehicle weight of all axles of a vehicle or combination of
1.24vehicles shall must not exceed:
2.1    (1) 80,000 pounds for any vehicle or combination of vehicles on all state (i) trunk
2.2highways as defined in section 160.02, subdivision 29, and for all (ii) routes designated
2.3under section 169.832, subdivision 11, and (iii) paved county highways, including paved
2.4county state-aid highways;
2.5    (2) 88,000 pounds for any vehicle or combination of vehicles with six or more
2.6axles while exclusively engaged in hauling livestock on all state trunk highways other
2.7than interstate highways, if the vehicle has a permit under section 169.86, subdivision 5,
2.8paragraph (k); and
2.9    (3) 73,280 pounds for any vehicle or combination of vehicles with five axles or less
2.10on all routes, other than state trunk highways and routes that are designated under section
2.11169.832, subdivision 11, except that a vehicle needing reasonable access to a terminal or
2.12facilities for food, fuel, repairs, and rest, located within three miles of a ten-ton route, may
2.13not exceed 80,000 pounds. "Terminal" means any location where freight either originates,
2.14terminates, or is handled in the transportation process, or where commercial motor carriers
2.15maintain operating facilities; and routes identified in clause (1).
2.16    (4) 80,000 pounds for any vehicle or combination of vehicles with six or more
2.17axles on all routes, other than state trunk highways and routes that are designated under
2.18section 169.832, subdivision 11.
2.19    (b) The maximum weights specified in this section for five consecutive axles shall
2.20not apply to a four-axle ready-mix concrete truck which was equipped with a fifth axle
2.21prior to June 1, 1981. The maximum gross weight on four or fewer consecutive axles of
2.22vehicles excepted by this clause shall not exceed any maximum weight specified for four
2.23or fewer consecutive axles in this section.
2.24    (b) Notwithstanding the maximum weight provisions of this section and section
2.25169.85, and in order to promote the reduction of fuel use and emissions because of engine
2.26idling, the maximum gross vehicle weight limits and the axle weight limits for any motor
2.27vehicle subject to sections 169.80 to 169.88 and equipped with idle reduction technology
2.28must be increased by the amount of weight necessary to compensate for the weight of the
2.29idle reduction technology, not to exceed 400 pounds. At the request of an authorized
2.30representative of the Department of Transportation or Department of Public Safety the
2.31vehicle operator shall provide proof that the vehicle is equipped with this technology
2.32through documentation or demonstration.

2.33    Sec. 3. Minnesota Statutes 2006, section 221.0314, subdivision 9, is amended to read:
2.34    Subd. 9. Hours of service of driver. Code of Federal Regulations, title 49, part
2.35395, is incorporated by reference, except that paragraphs (a), (c), (d), (f), (h), (i), (k), (l),
3.1(m), and (n) of section 395.1 and section 395.13 of that part are not incorporated. In
3.2addition, cross-references to sections or paragraphs not incorporated in this subdivision
3.3are not incorporated by reference. The requirements of Code of Federal Regulations, title
3.449, part 395, do not apply to drivers of lightweight vehicles.