HF 3547

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to traffic regulations; abolishing provisions 
  1.3             that relate to retention and inspection of motor 
  1.4             vehicle weight records and that designate those 
  1.5             records as relevant evidence of overweight; amending 
  1.6             Minnesota Statutes 1998, section 169.871, subdivisions 
  1.7             1 and 1b; repealing Minnesota Statutes 1998, sections 
  1.8             169.851; and 169.872. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1998, section 169.871, 
  1.11  subdivision 1, is amended to read: 
  1.12     Subdivision 1.  [CIVIL LIABILITY.] The owner or lessee of a 
  1.13  vehicle that is operated with a gross weight in excess of a 
  1.14  weight limit imposed under sections 169.825 and 169.832 to 
  1.15  169.851 169.85 and 169.87 or a shipper who ships or tenders 
  1.16  goods for shipment in a single truck or combination vehicle that 
  1.17  exceeds a weight limit imposed under sections 169.825 and 
  1.18  169.832 to 169.851 169.85 and 169.87 is liable for a civil 
  1.19  penalty as follows: 
  1.20     (a) If the total gross excess weight is not more than 1,000 
  1.21  pounds, one cent per pound for each pound in excess of the legal 
  1.22  limit; 
  1.23     (b) If the total gross excess weight is more than 1,000 
  1.24  pounds but not more than 3,000 pounds, $10 plus five cents per 
  1.25  pound for each pound in excess of 1,000 pounds; 
  1.26     (c) If the total gross excess weight is more than 3,000 
  1.27  pounds but not more than 5,000 pounds, $110 plus ten cents per 
  2.1   pound for each pound in excess of 3,000 pounds; 
  2.2      (d) If the total gross excess weight is more than 5,000 
  2.3   pounds but not more than 7,000 pounds, $310 plus 15 cents per 
  2.4   pound for each pound in excess of 5,000 pounds; 
  2.5      (e) If the total gross excess weight is more than 7,000 
  2.6   pounds, $610 plus 20 cents per pound for each pound in excess of 
  2.7   7,000 pounds. 
  2.8      Any penalty imposed upon a defendant under this subdivision 
  2.9   shall not exceed the penalty prescribed by this subdivision.  
  2.10  Any fine paid by the defendant in a criminal overweight action 
  2.11  that arose from the same overweight violation shall be applied 
  2.12  toward payment of the civil penalty under this subdivision.  A 
  2.13  peace officer or department of public safety employee described 
  2.14  in section 299D.06 who cites a driver for a violation of the 
  2.15  weight limitations established by sections 169.81 to 169.851 
  2.16  169.85 and 169.87 shall give written notice to the driver that 
  2.17  the driver or another may also be liable for the civil penalties 
  2.18  provided herein in the same or separate proceedings.  
  2.19     Sec. 2.  Minnesota Statutes 1998, section 169.871, 
  2.20  subdivision 1b, is amended to read: 
  2.21     Subd. 1b.  [CIVIL PENALTY FOR FIRST TWO VIOLATIONS.] 
  2.22  Notwithstanding subdivision 1, clauses (a) to (e), a civil 
  2.23  penalty under subdivision 1 for a violation in a motor vehicle 
  2.24  in the course of a first haul as defined in section 168.013, 
  2.25  subdivision 3, clause (3), of a weight limit imposed under 
  2.26  sections 169.825, 169.832 to 169.851 169.85, and 169.87 that is 
  2.27  not preceded by two or more violations of the gross weight 
  2.28  limits in those sections in that motor vehicle within the 
  2.29  previous 12 months, may not exceed $150. 
  2.30     Sec. 3.  [REPEALER.] 
  2.31     Minnesota Statutes 1998, sections 169.851; and 169.872, are 
  2.32  repealed.