HF 2967

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to traffic regulations; providing for trailer brakes; imposing penalties for
forging or possessing false commercial motor vehicle inspection decal; providing
that officer may require weighing and inspection of truck weighing more than
10,000 pounds; amending Minnesota Statutes 2006, sections 169.67, subdivision
3; 169.781, subdivision 5; 169.85, subdivision 1.

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

Section 1.

Minnesota Statutes 2006, section 169.67, subdivision 3, is amended to read:

Subd. 3.

Trailer, semitrailer.

(a) No trailer or semitrailer with a gross new text begin vehicle
new text end weight of 3,000 or more pounds, or a gross weight that exceeds the empty weight of the
towing vehicle, may be drawn on a highway unless it is equipped with brakes that are
adequate to control the movement of and to stop and hold the trailer or semitrailer. A
surge brake on a trailer or semitrailer meets the requirement of this paragraph for brakes
adequate to stop and hold the trailer or semitrailer.

(b) No trailer or semitrailer deleted text begin that is required to have brakes and that has deleted text end new text begin with new text end a gross
new text begin vehicle new text end weight of more than deleted text begin 6,000 deleted text end new text begin 3,000 new text end pounds may be drawn on a highway unless it is
equipped with brakes that are so constructed that they are adequate to stop and hold the
trailer or semitrailer whenever it becomes detached from the towing vehicle.

(c) Except as provided in paragraph (d), paragraph (a) does not apply to:

(1) a trailer used by a farmer while transporting farm products produced on the user's
farm, or supplies back to the farm of the trailer's user;

(2) a towed custom service vehicle drawn by a motor vehicle that is equipped with
brakes that meet the standards of subdivision 5, provided that such a towed custom service
vehicle that exceeds 30,000 pounds gross weight may not be drawn at a speed of more
than 45 miles per hour;

(3) a trailer or semitrailer operated or used by retail dealers of implements of
husbandry while engaged exclusively in the delivery of implements of husbandry;

(4) a motor vehicle drawn by another motor vehicle that is equipped with brakes
that meet the standards of subdivision 5;

(5) a tank trailer of not more than 12,000 pounds gross weight owned by a distributor
of liquid fertilizer while engaged exclusively in transporting liquid fertilizer, or gaseous
fertilizer under pressure;

(6) a trailer of not more than 12,000 pounds gross weight owned by a distributor of
dry fertilizer while engaged exclusively in the transportation of dry fertilizer; and

(7) a disabled vehicle while being towed to a place of repair.

(d) Vehicles described in paragraph (c), clauses (1), (3), and (4), may be operated
without complying with paragraph (a) only if the trailer or semitrailer does not exceed the
following gross weights:

(1) 3,000 pounds while being drawn by a vehicle registered as a passenger
automobile, other than a pickup truck as defined in section 168.011, subdivision 29;

(2) 12,000 pounds while being drawn by any other motor vehicle except a
self-propelled implement of husbandry.

Sec. 2.

Minnesota Statutes 2006, section 169.781, subdivision 5, is amended to read:

Subd. 5.

Inspection decal new text begin ; violation, penalty new text end .

(a) A person inspecting a
commercial motor vehicle shall issue an inspection decal for the vehicle if each inspected
component of the vehicle complies with federal motor carrier safety regulations. The decal
must state that in the month specified on the decal the vehicle was inspected and each
inspected component complied with federal motor carrier safety regulations. The decal is
valid for 12 months after the month specified on the decal. The commissioners of public
safety and transportation shall make decals available, at a fee of not more than $2 for each
decal, to persons certified to perform inspections under subdivision 3, paragraph (b).

(b) Minnesota inspection decals may be affixed only to:

(1) commercial motor vehicles bearing Minnesota-based license plates; or

(2) special mobile equipment, within the meaning of subdivision 2, clause (2).

(c) Notwithstanding paragraph (a), a person inspecting (1) a vehicle of less
than 57,000 pounds gross vehicle weight and registered as a farm truck, (2) a storage
semitrailer, or (3) a building mover vehicle must issue an inspection decal to the vehicle
unless the vehicle has one or more defects that would result in the vehicle being declared
out of service under the North American Uniform Driver, Vehicle, and Hazardous
Materials Out-of-Service Criteria issued by the Federal Highway Administration and the
Commercial Vehicle Safety Alliance. A decal issued to a vehicle described in clause (1),
(2), or (3) is valid for two years from the date of issuance. A decal issued to such a vehicle
must clearly indicate that it is valid for two years from the date of issuance.

(d) Notwithstanding paragraph (a), a commercial motor vehicle that (1) is registered
as a farm truck, (2) is not operated more than 75 miles from the owner's home post office,
and (3) was manufactured before 1979 that has a dual transmission system, is not required
to comply with a requirement in an inspection standard that requires that the service brake
system and parking brake system be separate systems in the motor vehicle.

new text begin (e) A person who, with the intent to defraud, falsely makes, duplicates, alters, or
forges a decal or other writing or thing purporting to be a Minnesota inspection decal
described in this subdivision is guilty of a felony. A person who, with the intent to defraud,
possesses a decal or other writing or thing falsely purporting to be a Minnesota inspection
decal described in this subdivision is guilty of a gross misdemeanor.
new text end

Sec. 3.

Minnesota Statutes 2006, section 169.85, subdivision 1, is amended to read:

Subdivision 1.

Driver to stop for weighing.

(a) The driver of a vehicle that has
been lawfully stopped may be required by an officer to submit the vehicle and load to a
weighing by means of portable or stationary scales.

(b) In addition, the officer may require that the vehicle be driven to the nearest
available scales, but only if:

(1) the distance to the scales is no further than five miles, or if the distance from the
point where the vehicle is stopped to the vehicle's destination is not increased by more
than ten miles as a result of proceeding to the nearest available scales; and

(2) if the vehicle is a commercial motor vehicle, no more than two other commercial
motor vehicles are waiting to be inspected at the scale.

(c) Official traffic control devices as authorized by section 169.06 may be used to
direct the driver to the nearest scale.

(d) When a truck weight enforcement operation is conducted by means of portable or
stationary scales, signs giving notice of the operation must be posted within the highway
right-of-way and adjacent to the roadway within two miles of the operation. The driver of
a truck or combination of vehicles registered for or deleted text begin weighing in excess of deleted text end deleted text begin 12,000 deleted text end new text begin with a
gross vehicle weight exceeding 10,000 new text end pounds shall proceed to the scale site and submit
the vehicle to weighing and inspection.