HF 1857

as introduced - 91st Legislature (2019 - 2020) Posted on 02/28/2019 02:31pm

A bill for an act
relating to motor vehicles; making gross vehicle weight restrictions year round;
amending Minnesota Statutes 2018, section 168.013, subdivision 3.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2018, section 168.013, subdivision 3, is amended to read:

Subd. 3.

Application; cancellation; excessive gross weight forbidden.

(a) The applicant
for all licenses based on gross weight shall state the unloaded weight of the motor vehicle,
trailer, or semitrailer and the maximum load the applicant proposes to carry on it, the sum
of which constitutes the gross weight upon which the license tax must be paid. However,
the declared gross weight upon which the tax is paid must not be less than 1-1/4 times the
declared unloaded weight of the motor vehicle, trailer, or semitrailer to be registered, except
recreational vehicles taxed under subdivision 1g, school buses taxed under subdivision 18,
and tow trucks or towing vehicles defined in section 168B.011, subdivision 12a. The gross
weight of a tow truck or towing vehicle is the actual weight of the tow truck or towing
vehicle fully equipped, but does not include the weight of a wrecked or disabled vehicle
towed or drawn by the tow truck or towing vehicle.

(b) Except as provided by special permit issued under section 169.86, the gross weight
of a motor vehicle, trailer, or semitrailer must not exceed the gross weight upon which the
license tax has been paid by more than four percent or 1,000 pounds, whichever is greater;
provided that, a vehicle transporting unfinished forest products on a highway, other than a
highway that is part of the system of interstate and defense highways, unless a federal
exemption is granted, in accordance with paragraph (d)(3):

(1) shall not exceed its gross vehicle weight upon which the license tax has been paid,
or gross axle weight on any axle, by more than five percent and, notwithstanding other law
to the contrary, is not subject to any fee, fine, or other assessment or penalty for exceeding
a gross vehicle or axle weight by up to five percent new text begin . This clause applies year round new text end ; and

(2) deleted text begin between the dates set by the commissioner in accordance with section 169.826,
subdivision 1, deleted text end is not subject to any provision of paragraph (d) or chapter 169 limiting the
gross axle weight of any individual axle unless the entire vehicle also exceeds its gross
vehicle weight plus its weight allowance allowed in clause (1) and plus any weight allowance
permitted under section 169.826, in which case the vehicle is subject to all applicable
penalties for excess weight violations.

(c) The gross weight of the motor vehicle, trailer, or semitrailer for which the license
tax is paid must be indicated by a distinctive character on the license plate or plates except
as provided in subdivision 12 or section 169.86, subdivision 5a, as applicable, and the plate
or plates must be kept clean and clearly visible at all times.

(d) The owner, driver, or user of a motor vehicle, trailer, or semitrailer, upon conviction
for transporting a gross weight in excess of the gross weight for which it was registered or
for operating a vehicle with an axle weight exceeding the maximum lawful axle load weight,
is guilty of a misdemeanor and subject to increased registration or reregistration according
to the following schedule:

(1) Upon conviction for transporting a gross weight in excess of the gross weight for
which a motor vehicle, trailer, or semitrailer is registered by more than the allowance set
forth in paragraph (b) but less than 25 percent, or for operating or using a motor vehicle,
trailer, or semitrailer with an axle weight exceeding the maximum lawful axle load as
provided in sections 169.822 to 169.829 by more than the allowance set forth in paragraph
(b) but less than 25 percent, the owner, driver, or user of the motor vehicle, trailer, or
semitrailer used to commit the violation, in addition to any penalty imposed for the
misdemeanor, shall apply to the registrar to increase the authorized gross weight to be carried
on the vehicle to a weight equal to or greater than the gross weight the owner, driver, or
user was convicted of carrying. The increase is computed for the balance of the calendar
year on the basis of 1/12 of the annual tax for each month remaining in the calendar year
beginning with the first day of the month in which the violation occurred. If the additional
registration tax computed upon that weight, plus the tax already paid, amounts to more than
the regular tax for the maximum gross weight permitted for the vehicle under sections
169.822 to 169.829, that additional amount must nevertheless be paid into the highway
fund, but the additional tax thus paid does not authorize or permit any person to operate the
vehicle with a gross weight in excess of the maximum legal weight as provided by sections
169.822 to 169.829. Unless the owner within 30 days after a conviction applies to increase
the authorized weight and pays the additional tax as provided in this section, the registrar
shall revoke the registration on the vehicle and demand the return of the registration card
and plates issued on that registration.

(2) Upon conviction of an owner, driver, or user of a motor vehicle, trailer, or semitrailer
for transporting a gross weight in excess of the gross weight for which the motor vehicle,
trailer, or semitrailer was registered by 25 percent or more or for operating or using the
vehicle or trailer with an axle weight exceeding the maximum lawful axle load as provided
in sections 169.822 to 169.829 by 25 percent or more, and in addition to any penalty imposed
for the misdemeanor, the registrar shall either (i) cancel the reciprocity privileges on the
vehicle involved if the vehicle is being operated under reciprocity or (ii) if the vehicle is
not being operated under reciprocity, cancel the certificate of registration on the vehicle
operated and demand the return of the registration certificate and registration plates. The
registrar may not cancel the registration or reciprocity privileges for any vehicle found in
violation of seasonal load restrictions imposed under section 169.87 unless the axle weight
exceeds the year-round weight limit for the highway on which the violation occurred. The
registrar may investigate any allegation of gross weight violations and demand that the
operator show cause why all future operating privileges in the state should not be revoked
unless the additional tax assessed is paid.

(3) Clause (1) does not apply to the first haul of unprocessed or raw farm products or
unfinished forest products, when the registered gross weight is not exceeded by more than
ten percent. For purposes of this clause, "first haul" means (i) the first, continuous
transportation of unprocessed or raw farm products from the place of production or on-farm
storage site to any other location within 100 miles of the place of production or on-farm
storage site, or (ii) the continuous or noncontinuous transportation of unfinished forest
products from the place of production to the place of final processing or manufacture located
within 200 miles of the place of production.

(4) When the registration on a motor vehicle, trailer, or semitrailer is revoked by the
registrar according to this section, the vehicle must not be operated on the highways of the
state until it is registered or reregistered, as the case may be, and new plates issued, and the
registration fee is the annual tax for the total gross weight of the vehicle at the time of
violation. The reregistration pursuant to this subdivision of any vehicle operating under
reciprocity agreements pursuant to section 168.181 or 168.187 must be at the full annual
registration fee without regard to the percentage of vehicle miles traveled in this state.