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HF 2884

3rd Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
  1.1                          A bill for an act 
  1.2             relating to traffic regulations; modifying imposition 
  1.3             of civil fine for excessive gross weight; amending 
  1.4             Minnesota Statutes 2000, sections 169.871, subdivision 
  1.5             1; 169.872, subdivision 1, by adding a subdivision. 
  1.7      Section 1.  Minnesota Statutes 2000, section 169.871, 
  1.8   subdivision 1, is amended to read: 
  1.9      Subdivision 1.  [CIVIL LIABILITY.] (a) The owner or lessee 
  1.10  of a vehicle that is operated with a gross weight in excess of a 
  1.11  weight limit imposed under sections 169.825 and 169.832 to 
  1.12  169.851 and 169.87 or a shipper who ships or tenders goods for 
  1.13  shipment in a single truck or combination vehicle that exceeds a 
  1.14  weight limit imposed under sections 169.825 and 169.832 to 
  1.15  169.851 and 169.87 is liable for a civil penalty as follows: 
  1.16     (1) if the total gross excess weight is not more than 1,000 
  1.17  pounds, one cent per pound for each pound in excess of the legal 
  1.18  limit; 
  1.19     (2) if the total gross excess weight is more than 1,000 
  1.20  pounds but not more than 3,000 pounds, $10 plus five cents per 
  1.21  pound for each pound in excess of 1,000 pounds; 
  1.22     (3) if the total gross excess weight is more than 3,000 
  1.23  pounds but not more than 5,000 pounds, $110 plus ten cents per 
  1.24  pound for each pound in excess of 3,000 pounds; 
  1.25     (4) if the total gross excess weight is more than 5,000 
  2.1   pounds but not more than 7,000 pounds, $310 plus 15 cents per 
  2.2   pound for each pound in excess of 5,000 pounds; 
  2.3      (5) if the total gross excess weight is more than 7,000 
  2.4   pounds, $610 plus 20 cents per pound for each pound in excess of 
  2.5   7,000 pounds. 
  2.6      (b) Notwithstanding any other law to the contrary, if a 
  2.7   person found guilty of a violation of a weight limit imposed 
  2.8   under this section or sections 169.825, 169.832 to 169.851, or 
  2.9   169.87 is also found by the court to have knowingly and 
  2.10  contemporaneously attempted to evade a fixed weigh station or to 
  2.11  otherwise avoid weighing by means of stationary scales under 
  2.12  section 169.85 or other law, the court shall impose a penalty of 
  2.13  twice the amount otherwise authorized under paragraph (a). 
  2.14     (c) Any penalty imposed upon a defendant under this 
  2.15  subdivision shall not exceed the penalty prescribed by this 
  2.16  subdivision.  Any fine paid by the defendant in a criminal 
  2.17  overweight action that arose from the same overweight violation 
  2.18  shall be applied toward payment of the civil penalty under this 
  2.19  subdivision.  A peace officer or department of public safety 
  2.20  employee described in section 299D.06 who cites a driver for a 
  2.21  violation of the weight limitations established by sections 
  2.22  169.81 to 169.851 and 169.87 shall give written notice to the 
  2.23  driver that the driver or another may also be liable for the 
  2.24  civil penalties provided herein in the same or separate 
  2.25  proceedings.  
  2.26     (d) A penalty imposed upon the owner or lessee of a vehicle 
  2.27  that is based on violations identified by the use of shippers' 
  2.28  weight records under section 169.872 must not exceed an 
  2.29  aggregate of $10,000. 
  2.30     Sec. 2.  Minnesota Statutes 2000, section 169.872, 
  2.31  subdivision 1, is amended to read: 
  2.32     Subdivision 1.  [RECORD KEEPING.] A person who weighs goods 
  2.33  before or after unloading or a person who loads or unloads goods 
  2.34  on the basis of liquid volume measure shall keep a written 
  2.35  record of the origin, weight and composition of each shipment, 
  2.36  the date of loading or receipt, the name and address of the 
  3.1   shipper, the total number of axles on the vehicle or combination 
  3.2   of vehicles, and the registration number of the power unit or 
  3.3   some other means of identification by which the shipment was 
  3.4   transported.  The record shall be retained for 30 14 days and 
  3.5   shall be open to inspection and copying by a state law 
  3.6   enforcement officer or motor transport representative, except 
  3.7   state conservation officers, upon demand.  No search warrant is 
  3.8   required to inspect or copy the record.  This subdivision does 
  3.9   not apply to a person weighing goods who is not involved in the 
  3.10  shipping, receiving and transporting of those goods, or to a 
  3.11  person weighing raw and unfinished farm products transported in 
  3.12  a single unit vehicle with not more than three axles or by a 
  3.13  trailer towed by a farm tractor when the transportation is the 
  3.14  first haul of the product.  
  3.15     Sec. 3.  Minnesota Statutes 2000, section 169.872, is 
  3.16  amended by adding a subdivision to read: 
  3.17     Subd. 1a.  [LIMIT ON CIVIL PENALTIES.] A civil penalty for 
  3.18  excessive weight under section 169.871 may be imposed based on a 
  3.19  record of a shipment under this section only if a state law 
  3.20  enforcement officer or motor transportation representative has 
  3.21  inspected and copied the record within 14 days of the date the 
  3.22  shipment was received by the person keeping the record. 
  3.23     Sec. 4.  [EFFECTIVE DATE.] 
  3.24     Sections 1 to 3 are effective the day following final 
  3.25  enactment.