HF 1529
1st Committee Engrossment - 85th Legislature (2007 - 2008)
Posted on 12/22/2009 12:38 p.m.
KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers
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. new text begin [160.2721] COMMERCIAL VEHICLE DRIVERS AT REST AREAS.new text end
1.11 new text begin (a) The commissioner shall allow a commercial motor vehicle operator who is new text end
1.12new text begin subject to hours of service regulations under Code of Federal Regulations, title 49, part new text end
1.13new text begin 395, to stop and park continuously, for a period of up to ten hours as necessary to comply new text end
1.14new text begin with the hours of service regulations, at any Department of Transportation safety rest area new text end
1.15new text begin or travel information center that has parking stalls designed to accommodate a commercial new text end
1.16new text begin motor vehicle, as defined in section 169.01, subdivision 75.new text end
1.17 new text begin (b) Any clause or provision in a lease or other agreement for the operation of a new text end
1.18new text begin Department of Transportation safety rest area or travel information center that purports to new text end
1.19new text begin limit the requirements under paragraph (a) is void and without effect.new text end
1.20new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
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 shallnew text begin mustnew text end not exceed:
2.1 (1) 80,000 pounds for any vehicle or combination of vehicles on all statenew text begin (i)new text end trunk
2.2highways as defined in section
160.02, subdivision 29, and for allnew text begin (ii)new text end routes designated
2.3under section
169.832, subdivision 11new text begin , and (iii) paved county highways, including paved new text end
2.4new text begin county state-aid highwaysnew text end ;
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);new text begin andnew text end
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; andnew text begin routes identified in clause (1).new text end
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 new text begin (b) Notwithstanding the maximum weight provisions of this section and section new text end
2.25new text begin 169.85, and in order to promote the reduction of fuel use and emissions because of engine new text end
2.26new text begin idling, the maximum gross vehicle weight limits and the axle weight limits for any motor new text end
2.27new text begin vehicle subject to sections 169.80 to 169.88 and equipped with idle reduction technology new text end
2.28new text begin must be increased by the amount of weight necessary to compensate for the weight of the new text end
2.29new text begin idle reduction technology, not to exceed 400 pounds. At the request of an authorized new text end
2.30new text begin representative of the Department of Transportation or Department of Public Safety the new text end
2.31new text begin vehicle operator shall provide proof that the vehicle is equipped with this technology new text end
2.32new text begin through documentation or demonstration.new text end
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.