3rd Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
|Introduction||Posted on 03/10/2003|
|1st Engrossment||Posted on 03/04/2004|
|2nd Engrossment||Posted on 03/17/2004|
|3rd Engrossment||Posted on 04/14/2004|
1.1 A bill for an act 1.2 relating to traffic regulations; regulating gross 1.3 weights on vehicles and combinations hauling raw or 1.4 unfinished forest products under certain 1.5 circumstances; appropriating money; amending Minnesota 1.6 Statutes 2003 Supplement, sections 168.013, 1.7 subdivision 3; 169.86, subdivision 5; proposing coding 1.8 for new law in Minnesota Statutes, chapter 169. 1.9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.10 Section 1. Minnesota Statutes 2003 Supplement, section 1.11 168.013, subdivision 3, is amended to read: 1.12 Subd. 3. [APPLICATION; CANCELLATION; EXCESSIVE GROSS 1.13 WEIGHT FORBIDDEN.] (a) The applicant for all licenses based on 1.14 gross weight shall state the unloaded weight of the motor 1.15 vehicle, trailer, or semitrailer and the maximum load the 1.16 applicant proposes to carry on it, the sum of which constitutes 1.17 the gross weight upon which the license tax must be paid. 1.18 However, the declared gross weight upon which the tax is paid 1.19 must not be less than 1-1/4 times the declared unloaded weight 1.20 of the motor vehicle, trailer, or semitrailer to be registered, 1.21 except recreational vehicles taxed under subdivision 1g, school 1.22 buses taxed under subdivision 18, and tow trucks or towing 1.23 vehicles defined in section 169.01, subdivision 52. The gross 1.24 weight of a tow truck or towing vehicle is the actual weight of 1.25 the tow truck or towing vehicle fully equipped, but does not 1.26 include the weight of a wrecked or disabled vehicle towed or 1.27 drawn by the tow truck or towing vehicle. 2.1 (b) The gross weight of a motor vehicle, trailer, or 2.2 semitrailer must not exceed the gross weight upon which the 2.3 license tax has been paid by more than four percent or 1,000 2.4 pounds, whichever is greater; provided that, a vehicle 2.5 transporting unfinished forest products on a highway, other than 2.6 a highway that is part of the system of interstate and defense 2.7 highways, unless a federal exemption is granted, in accordance 2.8 with paragraph (d)(3): 2.9 (1) shall not exceed its gross vehicle weight upon which 2.10 the license tax has been paid, or gross axle weight on any axle, 2.11 by more than five percent and, notwithstanding other law to the 2.12 contrary, is not subject to any fee, fine, or other assessment 2.13 or penalty for exceeding a gross vehicle or axle weight by up to 2.14 five percent, except during winter weight increase periods; and 2.15 (2) between the dates set by the commissioner in accordance 2.16 with section 169.826, subdivision 1, is not subject to any 2.17 provision of paragraph (d) or chapter 169 limiting the gross 2.18 axle weight of any individual axle unless the entire vehicle 2.19 also exceeds its gross vehicle weight plus its weight allowance 2.20 allowed in clause (1) and plus any weight allowance permitted 2.21 under section 169.826, in which case the vehicle is subject to 2.22 all applicable penalties for excess weight violations. 2.23 (c) The gross weight of the motor vehicle, trailer, or 2.24 semitrailer for which the license tax is paid must be indicated 2.25 by a distinctive character on the license plate or plates except 2.26 as provided in subdivision 12 and the plate or plates must be 2.27 kept clean and clearly visible at all times. 2.28 (d) The owner, driver, or user of a motor vehicle, trailer, 2.29 or semitrailer, upon conviction for transporting a gross weight 2.30 in excess of the gross weight for which it was registered or for 2.31 operating a vehicle with an axle weight exceeding the maximum 2.32 lawful axle load weight, is guilty of a misdemeanor and subject 2.33 to increased registration or reregistration according to the 2.34 following schedule: 2.35 (1) Upon conviction for transporting a gross weight in 2.36 excess of the gross weight for which a motor vehicle, trailer, 3.1 or semitrailer is registered by more than the allowance set 3.2 forth in paragraph (b) but less than 25 percent, or for 3.3 operating or using a motor vehicle, trailer, or semitrailer with 3.4 an axle weight exceeding the maximum lawful axle load as 3.5 provided in sections 169.822 to 169.829 by more than the 3.6 allowance set forth in paragraph (b) but less than 25 percent, 3.7 the owner, driver, or user of the motor vehicle, trailer, or 3.8 semitrailer used to commit the violation, in addition to any 3.9 penalty imposed for the misdemeanor, shall apply to the 3.10 registrar to increase the authorized gross weight to be carried 3.11 on the vehicle to a weight equal to or greater than the gross 3.12 weight the owner, driver, or user was convicted of carrying. 3.13 The increase is computed for the balance of the calendar year on 3.14 the basis of 1/12 of the annual tax for each month remaining in 3.15 the calendar year beginning with the first day of the month in 3.16 which the violation occurred. If the additional registration 3.17 tax computed upon that weight, plus the tax already paid, 3.18 amounts to more than the regular tax for the maximum gross 3.19 weight permitted for the vehicle under sections 169.822 to 3.20 169.829, that additional amount must nevertheless be paid into 3.21 the highway fund, but the additional tax thus paid does not 3.22 authorize or permit any person to operate the vehicle with a 3.23 gross weight in excess of the maximum legal weight as provided 3.24 by sections 169.822 to 169.829. Unless the owner within 30 days 3.25 after a conviction applies to increase the authorized weight and 3.26 pays the additional tax as provided in this section, the 3.27 registrar shall revoke the registration on the vehicle and 3.28 demand the return of the registration card and plates issued on 3.29 that registration. 3.30 (2) Upon conviction of an owner, driver, or user of a motor 3.31 vehicle, trailer, or semitrailer for transporting a gross weight 3.32 in excess of the gross weight for which the motor vehicle, 3.33 trailer, or semitrailer was registered by 25 percent or more or 3.34 for operating or using the vehicle or trailer with an axle 3.35 weight exceeding the maximum lawful axle load as provided in 3.36 sections 169.822 to 169.829 by 25 percent or more, and in 4.1 addition to any penalty imposed for the misdemeanor, the 4.2 registrar shall either (i) cancel the reciprocity privileges on 4.3 the vehicle involved if the vehicle is being operated under 4.4 reciprocity or (ii) if the vehicle is not being operated under 4.5 reciprocity, cancel the certificate of registration on the 4.6 vehicle operated and demand the return of the registration 4.7 certificate and registration plates. The registrar may not 4.8 cancel the registration or reciprocity privileges for any 4.9 vehicle found in violation of seasonal load restrictions imposed 4.10 under section 169.87 unless the axle weight exceeds the 4.11 year-round weight limit for the highway on which the violation 4.12 occurred. The registrar may investigate any allegation of gross 4.13 weight violations and demand that the operator show cause why 4.14 all future operating privileges in the state should not be 4.15 revoked unless the additional tax assessed is paid. 4.16 (3) Clause (1) does not apply to the first haul of 4.17 unprocessed or raw farm products or unfinished forest products, 4.18 when the registered gross weight is not exceeded by more than 4.19 ten percent. For purposes of this clause, "first haul" means 4.20 (i) the first, continuous transportation of unprocessed or raw 4.21 farm products from the place of production or on-farm storage 4.22 site to any other location within 50 miles of the place of 4.23 production or on-farm storage site, or (ii) the continuous or 4.24 noncontinuous transportation of unfinished forest products from 4.25 the place of production to the place of final processing or 4.26 manufacture located within 200 miles of the place of production. 4.27 (4) When the registration on a motor vehicle, trailer, or 4.28 semitrailer is revoked by the registrar according to this 4.29 section, the vehicle must not be operated on the highways of the 4.30 state until it is registered or reregistered, as the case may 4.31 be, and new plates issued, and the registration fee is the 4.32 annual tax for the total gross weight of the vehicle at the time 4.33 of violation. The reregistration pursuant to this subdivision 4.34 of any vehicle operating under reciprocity agreements pursuant 4.35 to section 168.181 or 168.187 must be at the full annual 4.36 registration fee without regard to the percentage of vehicle 5.1 miles traveled in this state. 5.2 Sec. 2. [169.8261] [GROSS WEIGHT LIMITATIONS; FOREST 5.3 PRODUCTS.] 5.4 A vehicle or combination of vehicles hauling raw or 5.5 unfinished forest products, including wood chips, by the most 5.6 direct route to the nearest highway that has been designated 5.7 under section 169.832, subdivision 11, may be operated on any 5.8 highway with gross weights permitted under sections 169.822 to 5.9 169.829 without regard to load restrictions imposed on that 5.10 highway, except that such vehicles must: 5.11 (1) comply with seasonal load restrictions in effect 5.12 between the dates set by the commissioner under section 169.87, 5.13 subdivision 2; 5.14 (2) comply with bridge load limits posted under section 5.15 169.84; 5.16 (3) be equipped and operated with six axles and brakes; 5.17 (4) not exceed 90,000 pounds gross weight, or 98,000 pounds 5.18 gross weight during the time when seasonal increases are 5.19 authorized under section 169.826; 5.20 (5) not be operated on interstate and defense highways; 5.21 (6) obtain an annual permit from the commissioner of 5.22 transportation; and 5.23 (7) obey all road postings. 5.24 Sec. 3. Minnesota Statutes 2003 Supplement, section 5.25 169.86, subdivision 5, is amended to read: 5.26 Subd. 5. [FEE; PROCEEDS TO TRUNK HIGHWAY FUND.] The 5.27 commissioner, with respect to highways under the commissioner's 5.28 jurisdiction, may charge a fee for each permit issued. All such 5.29 fees for permits issued by the commissioner of transportation 5.30 shall be deposited in the state treasury and credited to the 5.31 trunk highway fund. Except for those annual permits for which 5.32 the permit fees are specified elsewhere in this chapter, the 5.33 fees shall be: 5.34 (a) $15 for each single trip permit. 5.35 (b) $36 for each job permit. A job permit may be issued 5.36 for like loads carried on a specific route for a period not to 6.1 exceed two months. "Like loads" means loads of the same 6.2 product, weight, and dimension. 6.3 (c) $60 for an annual permit to be issued for a period not 6.4 to exceed 12 consecutive months. Annual permits may be issued 6.5 for: 6.6 (1) motor vehicles used to alleviate a temporary crisis 6.7 adversely affecting the safety or well-being of the public; 6.8 (2) motor vehicles which travel on interstate highways and 6.9 carry loads authorized under subdivision 1a; 6.10 (3) motor vehicles operating with gross weights authorized 6.11 under section 169.826, subdivision 1a; 6.12 (4) special pulpwood vehicles described in section 169.863; 6.13 (5) motor vehicles bearing snowplow blades not exceeding 6.14 ten feet in width; and 6.15 (6) noncommercial transportation of a boat by the owner or 6.16 user of the boat. 6.17 (d) $120 for an oversize annual permit to be issued for a 6.18 period not to exceed 12 consecutive months. Annual permits may 6.19 be issued for: 6.20 (1) mobile cranes; 6.21 (2) construction equipment, machinery, and supplies; 6.22 (3) manufactured homes; 6.23 (4) implements of husbandry when the movement is not made 6.24 according to the provisions of paragraph (i); 6.25 (5) double-deck buses; 6.26 (6) commercial boat hauling. 6.27 (e) For vehicles which have axle weights exceeding the 6.28 weight limitations of sections 169.822 to 169.829, an additional 6.29 cost added to the fees listed above. However, this paragraph 6.30 applies to any vehicle described in section 168.013, subdivision 6.31 3, paragraph (b), but only when the vehicle exceeds its gross 6.32 weight allowance set forth in that paragraph, and then the 6.33 additional cost is for all weight, including the allowance 6.34 weight, in excess of the permitted maximum axle weight. The 6.35 additional cost is equal to the product of the distance traveled 6.36 times the sum of the overweight axle group cost factors shown in 7.1 the following chart: 7.2 Overweight Axle Group Cost Factors 7.3 Weight (pounds) Cost Per Mile For Each Group Of: 7.4 exceeding Two consec- Three consec- Four consec- 7.5 weight utive axles utive axles utive axles 7.6 limitations spaced within spaced within spaced within 7.7 on axles 8 feet or less 9 feet or less 14 feet or less 7.8 0-2,000 .12 .05 .04 7.9 2,001-4,000 .14 .06 .05 7.10 4,001-6,000 .18 .07 .06 7.11 6,001-8,000 .21 .09 .07 7.12 8,001-10,000 .26 .10 .08 7.13 10,001-12,000 .30 .12 .09 7.14 12,001-14,000 Not permitted .14 .11 7.15 14,001-16,000 Not permitted .17 .12 7.16 16,001-18,000 Not permitted .19 .15 7.17 18,001-20,000 Not permitted Not permitted .16 7.18 20,001-22,000 Not permitted Not permitted .20 7.19 The amounts added are rounded to the nearest cent for each axle 7.20 or axle group. The additional cost does not apply to paragraph 7.21 (c), clauses (1) and (3). 7.22 For a vehicle found to exceed the appropriate maximum permitted 7.23 weight, a cost-per-mile fee of 22 cents per ton, or fraction of 7.24 a ton, over the permitted maximum weight is imposed in addition 7.25 to the normal permit fee. Miles must be calculated based on the 7.26 distance already traveled in the state plus the distance from 7.27 the point of detection to a transportation loading site or 7.28 unloading site within the state or to the point of exit from the 7.29 state. 7.30 (f) As an alternative to paragraph (e), an annual permit 7.31 may be issued for overweight, or oversize and overweight, 7.32 construction equipment, machinery, and supplies. The fees for 7.33 the permit are as follows: 7.34 Gross Weight (pounds) of Vehicle Annual Permit Fee 7.35 90,000 or less $200 7.36 90,001 - 100,000 $300 8.1 100,001 - 110,000 $400 8.2 110,001 - 120,000 $500 8.3 120,001 - 130,000 $600 8.4 130,001 - 140,000 $700 8.5 140,001 - 145,000 $800 8.6 If the gross weight of the vehicle is more than 145,000 pounds 8.7 the permit fee is determined under paragraph (e). 8.8 (g) For vehicles which exceed the width limitations set 8.9 forth in section 169.80 by more than 72 inches, an additional 8.10 cost equal to $120 added to the amount in paragraph (a) when the 8.11 permit is issued while seasonal load restrictions pursuant to 8.12 section 169.87 are in effect. 8.13 (h) $85 for an annual permit to be issued for a period not 8.14 to exceed 12 months, for refuse-compactor vehicles that carry a 8.15 gross weight of not more than: 22,000 pounds on a single rear 8.16 axle; 38,000 pounds on a tandem rear axle; or, subject to 8.17 section 169.828, subdivision 2, 46,000 pounds on a tridem rear 8.18 axle. A permit issued for up to 46,000 pounds on a tridem rear 8.19 axle must limit the gross vehicle weight to not more than 62,000 8.20 pounds. 8.21 (i) For vehicles exclusively transporting implements of 8.22 husbandry, an annual permit fee of $24. A vehicle operated 8.23 under a permit authorized by this paragraph may be moved at the 8.24 discretion of the permit holder without prior route approval by 8.25 the commissioner if: 8.26 (1) the total width of the transporting vehicle, including 8.27 load, does not exceed 14 feet; 8.28 (2) the vehicle is operated only between sunrise and 30 8.29 minutes after sunset, and is not operated at any time after 8.30 12:00 noon on Sundays or holidays; 8.31 (3) the vehicle is not operated when visibility is impaired 8.32 by weather, fog, or other conditions that render persons and 8.33 other vehicles not clearly visible at 500 feet; 8.34 (4) the vehicle displays at the front and rear of the load 8.35 or vehicle a pair of flashing amber lights, as provided in 8.36 section 169.59, subdivision 4, whenever the overall width of the 9.1 vehicle exceeds 126 inches; and 9.2 (5) the vehicle is not operated on a trunk highway with a 9.3 surfaced roadway width of less than 24 feet unless such 9.4 operation is authorized by the permit. 9.5 A permit under this paragraph authorizes movements of the 9.6 permitted vehicle on an interstate highway, and movements of 75 9.7 miles or more on other highways. 9.8 (j) $300 for a motor vehicle described in section 9.9 169.8261. The fee under this paragraph must be deposited as 9.10 follows: 9.11 (1) In fiscal years 2005 through 2010: 9.12 (i) The first $50,000 in each fiscal year must be deposited 9.13 in the trunk highway fund. 9.14 (ii) All remaining money in each fiscal year must be 9.15 deposited in a bridge inspection and signing account in the 9.16 special revenue fund. Money in the account is appropriated to 9.17 the commissioner for: 9.18 (A) inspection of local bridges and identification of local 9.19 bridges to be posted, including contracting with a consultant 9.20 for some or all of these functions; and 9.21 (B) erection of weight posting signs on local bridges. 9.22 (2) In fiscal year 2011 and subsequent years, all fees 9.23 under this paragraph must be deposited in the trunk highway fund.