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HF 2278

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:01am

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

Current Version - as introduced

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A bill for an act
relating to transportation; modifying penalties and requirements related to
violation of vehicle weight limitations; amending Minnesota Statutes 2008,
sections 169.80, subdivision 1; 169.871, subdivision 1.

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 beginLimitations; misdemeanordeleted text endnew text begin Applicability; penalties; evidence of
weight
new text end.

(a) It is a misdemeanor for a person to drive or movedeleted text begin, or for the owner to cause
or knowingly permit to be driven or moved,
deleted text end 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 deleted text beginsection 169.81, subdivision 5a, anddeleted text endnew text begin
where another penalty is specified. It is a gross misdemeanor for the owner of a vehicle to
cause the vehicle or knowingly permit the vehicle to be driven or moved on a highway in
violation of the weight limitations under sections 169.80 to 169.88, and it is otherwise
a misdemeanor for the owner of a vehicle to cause the vehicle or knowingly permit the
vehicle to be driven or moved on a highway in violation of sections 169.80 to 169.88,
other than where another penalty is specified.
new text end

new text begin (b)new text end The maximum size and weight of vehicles as prescribed in sections 169.80
to 169.88 deleted text beginshall bedeleted text endnew text begin arenew text end lawful throughout this state, and local authorities deleted text beginshalldeleted 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.

deleted text begin (b)deleted text endnew text begin (c)new text end 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.

deleted text begin (c)deleted text endnew text begin (d)new text end 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.

deleted text begin (d)deleted text endnew text begin (e)new text end 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.

deleted text begin (e)deleted text endnew text begin (f)new text end 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.

new text begin (g) When the operator of a motor vehicle is issued a citation or arrested for a
violation of vehicle weight limitations under sections 169.80 to 169.88, a peace officer or
a Department of Public Safety employee described in section 299D.06 must also issue a
citation or arrest the owner of the vehicle for the violation if (1) the vehicle is a commercial
motor vehicle, and (2) the operator of the vehicle is not the owner of the vehicle.
new text end

new text begin (h) For purposes of this subdivision, "owner" means:
new text end

new text begin (1) the lessee of a motor vehicle and, in the case of a vehicle that is a truck-tractor
semitrailer combination, the lessee of the semitrailer; or
new text end

new text begin (2) if clause (1) is not applicable, the person to whom a vehicle is registered under
chapter 168 and, in the case of a vehicle that is a truck-tractor semitrailer combination, the
person to whom the semitrailer is registered under chapter 168.
new text end

Sec. 2.

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 169.829,
169.832 to 169.851, and 169.87 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 169.829, 169.832 to 169.851, and 169.87 is liable for a civil penalty as follows:

(1) if the total gross excess weight is not more than 1,000 pounds, deleted text beginone centdeleted text endnew 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 endnew text begin $50new text end plus deleted text beginfivedeleted text endnew 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 endnew text begin $250new text end plus deleted text begintendeleted text endnew 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 endnew text begin $550new text end plus deleted text begin15deleted text endnew 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 endnew text begin $950new text end plus deleted text begin20deleted text endnew 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 169.829,
169.832 to 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 endnew text begin $15,000new text end.