Minnesota Legislature
HF 3145
as introduced - 86th Legislature (2009 - 2010) Posted on 02/24/2010 04:23pm
Current Version - as introduced
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A bill for an act
relating to traffic regulations; modifying penalties and requirements related to
violation of vehicle weight limitations; amending Minnesota Statutes 2008,
sections 169.80, subdivision 1; 169.851, subdivision 1, by adding a subdivision;
169.87, subdivision 6; 169.871, subdivision 1; 169.872, subdivision 1; proposing
coding for new law in Minnesota Statutes, chapter 169.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2008, section 169.80, subdivision 1, is amended to read:
Subdivision 1.
deleted text begin Limitations; misdemeanordeleted text end new text begin Applicability; evidence of weightnew text end .
(a)
deleted text begin It is a misdemeanor for a person to drive or move, or for the owner to cause or knowingly
permit to be driven or moved, on a highway a vehicle or vehicles of a size or weight
exceeding the limitations stated in sections 169.80 to 169.88, or otherwise in violation of
sections 169.80 to 169.88, other than section 169.81, subdivision 5a, anddeleted text end The maximum
size and weight of vehicles as prescribed in sections 169.80 to 169.88 deleted text begin shall bedeleted text end new text begin arenew text end lawful
throughout this state, and local authorities deleted text begin shalldeleted text end have no power or authority to alter these
limitations except as express authority may be granted in sections 169.80 to 169.88.
(b) When all the axles of a vehicle or combination of vehicles are weighed separately
the sum of the weights of the axles so weighed shall be evidence of the total gross weight
of the vehicle or combination of vehicles so weighed.
(c) When each of the axles of any group that contains two or more consecutive
axles of a vehicle or combination of vehicles have been weighed separately the sum
of the weights of the axles so weighed shall be evidence of the total gross weight on
the group of axles so weighed.
(d) When, in any group of three or more consecutive axles of a vehicle or
combination of vehicles any axles have been weighed separately and two or more axles
consecutive to each other in the group have been weighed together, the sum of the weights
of the axles weighed separately and the axles weighed together shall be evidence of the
total gross weight of the group of axles so weighed.
(e) The provisions of sections 169.80 to 169.88 governing size, weight, and load
shall not apply to a fire apparatus, or to a vehicle operated under the terms of a special
permit issued as provided by law.
Sec. 2.
Minnesota Statutes 2008, section 169.851, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
For the purposes of this section and sections 169.862deleted text begin ,
169.871,deleted text end andnew text begin 169.8705 tonew text end 169.872, the terms defined in subdivisions new text begin 1a, new text end 2new text begin ,new text end and 3 have the
meanings given to them.
Sec. 3.
Minnesota Statutes 2008, section 169.851, is amended by adding a subdivision
to read:
new text begin Subd. 1a. new text end
new text begin Accessible scale. new text end
new text begin
"Accessible scale" means a scale that (1) allows for
weighing a vehicle or weighing the goods being transported in a vehicle, and (2) is readily
available at the physical location of the last loading of the vehicle.
new text end
Sec. 4.
Minnesota Statutes 2008, section 169.87, subdivision 6, is amended to read:
Subd. 6.
Recycling and garbage vehicles.
(a) Except as provided in paragraph (b),
weight restrictions imposed under subdivisions 1 and 2 do not apply to a vehicle that
does not exceed 20,000 pounds per single axle and is designed and used exclusively for
recycling, while engaged in recycling in a political subdivision that mandates curbside
recycling pickup.
(b) Weight restrictions imposed under subdivisions 1 and 2 do not apply to (1) a
vehicle that does not exceed 14,000 pounds per single axle and is used exclusively for
recycling as described in paragraph (a), or (2) a vehicle that does not exceed 14,000 pounds
per single axle and is designed and used exclusively for collecting mixed municipal solid
waste, as defined in section 115A.03, subdivision 21, while engaged in such collection.
(c) Notwithstanding section deleted text begin 169.80, subdivision 1deleted text end new text begin 169.8705new text end , a violation of weight
restrictions imposed under subdivisions 1 and 2 by a vehicle designed and used exclusively
for recycling while engaged in recycling in a political subdivision that mandates curbside
recycling pickup while engaged in such collection, or by a vehicle that is designed and
used exclusively for collecting mixed municipal solid waste as defined in section 115A.03,
subdivision 21, while engaged in such collection, is not subject to criminal penalties but is
subject to a civil penalty for excess weight under section 169.871.
Sec. 5.
new text begin
[169.8705] SIZE, WEIGHT, AND LOAD; PENALTY.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
For purposes of this section, the following terms have
the meanings given them:
new text end
new text begin
(1) "owner" means an owner or lessee; and
new text end
new text begin
(2) "vehicle" has the meaning given in section 169.011, subdivision 92, and includes
a single unit vehicle, truck-tractor semitrailer combination, or other combination of
vehicles.
new text end
new text begin Subd. 2. new text end
new text begin Misdemeanor penalty. new text end
new text begin
(a) Unless another penalty is specified, it is
a misdemeanor for a person to operate or move a vehicle, or for a vehicle owner to
knowingly permit a vehicle to be operated or moved, in violation of sections 169.80
to 169.88.
new text end
new text begin
(b) Unless another penalty is specified, it is a misdemeanor for a shipper to
knowingly permit a vehicle to be operated or moved in violation of the weight limits
under sections 169.80 to 169.88, if:
new text end
new text begin
(1) the shipper offers for shipment, contracts for transport, or otherwise arranges for
transportation of the freight being transported;
new text end
new text begin
(2) an accessible scale was not present; and
new text end
new text begin
(3) the operator of the vehicle provides a document, at the time of a vehicle stop
under section 169.85, that states (i) the name and address of the shipper, (ii) the date and
location of vehicle loading, and (iii) whether an accessible scale was present.
new text end
new text begin
(c) For each weight limit violation, if a shipper is subject to the penalty under
paragraph (b), a vehicle owner and a vehicle operator is not subject to the penalty under
paragraph (a).
new text end
Sec. 6.
Minnesota Statutes 2008, section 169.871, subdivision 1, is amended to read:
Subdivision 1.
Civil liability.
(a) The owner or lessee of a vehicle that is operated
with a gross weight in excess of a weight limit imposed under sections 169.822 to deleted text begin 169.829,
169.832 todeleted text end 169.851deleted text begin ,deleted text end and 169.87new text begin ,new text end or a shipper who ships or tenders goods for shipment in a
single truck or combination vehicle that exceeds a weight limit imposed under sections
169.822 to deleted text begin 169.829, 169.832 todeleted text end 169.851deleted text begin ,deleted text end and 169.87new text begin ,new text end is liable for a civil penalty as follows:
(1) if the total gross excess weight is not more than 1,000 pounds, deleted text begin one centdeleted text end new text begin five centsnew text end
per pound for each pound in excess of the legal limit;
(2) if the total gross excess weight is more than 1,000 pounds but not more than 3,000
pounds, deleted text begin $10deleted text end new text begin $50new text end plus deleted text begin fivedeleted text end new text begin tennew text end cents per pound for each pound in excess of 1,000 pounds;
(3) if the total gross excess weight is more than 3,000 pounds but not more than 5,000
pounds, deleted text begin $110deleted text end new text begin $250new text end plus deleted text begin tendeleted text end new text begin 15new text end cents per pound for each pound in excess of 3,000 pounds;
(4) if the total gross excess weight is more than 5,000 pounds but not more than 7,000
pounds, deleted text begin $310deleted text end new text begin $550new text end plus deleted text begin 15deleted text end new text begin 20new text end cents per pound for each pound in excess of 5,000 pounds;
(5) if the total gross excess weight is more than 7,000 pounds, deleted text begin $610deleted text end new text begin $950new text end plus deleted text begin 20deleted text end new text begin 25new text end
cents per pound for each pound in excess of 7,000 pounds.
(b) Notwithstanding any other law to the contrary, if a person found guilty of a
violation of a weight limit imposed under this section or sections 169.822 to deleted text begin 169.829,
169.832 todeleted text end 169.851, or 169.87 is also found by the court to have knowingly and
contemporaneously attempted to evade a fixed weigh station or to otherwise avoid
weighing by means of stationary scales under section 169.85 or other law, the court shall
impose a penalty of twice the amount otherwise authorized under paragraph (a).
(c) Any penalty imposed upon a defendant under this subdivision shall not exceed
the penalty prescribed by this subdivision. Any fine paid by the defendant in a criminal
overweight action that arose from the same overweight violation shall be applied toward
payment of the civil penalty under this subdivision. A peace officer or Department of
Public Safety employee described in section 299D.06 who cites a driver for a violation
of the weight limitations established by sections 169.81 to 169.851 and 169.87 shall
give written notice to the driver that the driver or another may also be liable for the civil
penalties provided herein in the same or separate proceedings.
(d) A penalty imposed upon the owner or lessee of a vehicle that is based on
violations identified by the use of shippers' weight records under section 169.872 must not
exceed an aggregate of deleted text begin $10,000deleted text end new text begin $15,000new text end .
new text begin
(e) If the requirements under section 169.8705, subdivision 2, paragraph (b), clauses
(1) to (2), are met, the owner or lessee is not liable for the civil penalty under paragraph (a).
new text end
Sec. 7.
Minnesota Statutes 2008, section 169.872, subdivision 1, is amended to read:
Subdivision 1.
Record keeping.
A person who weighs goods before or after
unloading or a person who loads or unloads goods on the basis of liquid volume measure
shall keep a written record of the origin, weight, and composition of each shipment,
the date of loading or receipt,new text begin whether an accessible scale was present,new text end the name and
address of the shipper, the total number of axles on the vehicle or combination of vehicles,
and the registration number of the power unit or some other means of identification by
which the shipment was transported. The record shall be retained for 14 days and shall
be open to inspection and copying by a state law enforcement officer or motor transport
representative, except state conservation officers, upon demand. No search warrant is
required to inspect or copy the record. This subdivision does not apply to a person
weighing goods who is not involved in the shipping, receiving, and transporting of
those goods, or to a person weighing raw and unfinished farm products transported in a
single-unit vehicle with not more than three axles or by a trailer towed by a farm tractor
when the transportation is the first haul of the product.