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HF 3548

1st Engrossment - 90th Legislature (2017 - 2018) Posted on 05/23/2018 03:11pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
 relating to transportation; modifying certain requirements governing agricultural
transportation; amending Minnesota Statutes 2016, sections 169.81, subdivision
5; 221.031, subdivision 2d; 221.0314, subdivision 9.

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

Section 1.

Minnesota Statutes 2016, section 169.81, subdivision 5, is amended to read:


Subd. 5.

Manner of loading.

deleted text begin Nodeleted text end new text begin (a) Anew text end vehicle deleted text begin shalldeleted text end new text begin must notnew text end be driven or moved on
any highway unless deleted text begin suchdeleted text end new text begin thenew text end vehicle is so constructed, loaded, or the load securely covered
as to prevent any of its load from dropping, sifting, leaking, blowing, or otherwise escaping
deleted text begin therefrom, except thatdeleted text end new text begin .
new text end

new text begin (b) Notwithstanding paragraph (a), a vehicle or combination of vehicles may:
 new text end

new text begin (1) dropnew text end sand deleted text begin may be dropped for the purpose of securingdeleted text end new text begin to securenew text end tractiondeleted text begin , ordeleted text end new text begin ;
new text end

new text begin (2) sprinklenew text end water or other substances deleted text begin may be sprinkled on a roadway in cleaning or
maintaining suchdeleted text end new text begin to clean or maintain thenew text end roadwaynew text begin ; or
new text end

new text begin (3) leak liquid from thawing sugar beets only if transporting unprocessed sugar beetsnew text end .

new text begin (c)new text end This subdivision deleted text begin shalldeleted text end new text begin doesnew text end not apply to motor vehicles operated by a farmer or the
farmer's agent when transporting produce such as small grains, shelled corn, soybeans, or
other farm produce of a size and density not likely to cause injury to persons or damage to
property on escaping in small amounts from a vehicle.

new text begin (d) Anew text end violation of this subdivision by a vehicle that is carrying farm produce and that is
not exempted deleted text begin by the preceding sentencedeleted text end new text begin under paragraph (c)new text end is a petty misdemeanor.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
 new text end

Sec. 2.

Minnesota Statutes 2016, section 221.031, subdivision 2d, is amended to read:


Subd. 2d.

Hours of service exemptions.

The federal regulations incorporated in section
221.0314, subdivision 9, for deleted text begin maximum driving and on-duty time,deleted text end new text begin hours of servicenew text end do not
apply to drivers engaged in intrastate transportation within a 150-air-mile radius from the
source of the commoditiesnew text begin ,new text end or from the retail or wholesale distribution point of the farm
suppliesnew text begin ,new text end for:

(1) agricultural commoditiesnew text begin ;new text end or

new text begin (2)new text end farm supplies for agricultural purposes deleted text begin from March 15 to December 15 of each year;
ordeleted text end new text begin .
new text end

deleted text begin (2) sugar beets from September 1 to May 15 of each year.
 deleted text end

Sec. 3.

Minnesota Statutes 2016, section 221.0314, subdivision 9, is amended to read:


Subd. 9.

Hours of service of driver.

new text begin (a) new text end Code of Federal Regulations, title 49, part 395,
is incorporated by reference, except that paragraphs (a), (c), (d), (f), (h), (i), deleted text begin (k),deleted text end (m), and
(n) of section 395.1 of that part are not incorporated. In addition, cross-references to sections
or paragraphs not incorporated in this subdivision are not incorporated by reference.

new text begin (b) For purposes of Code of Federal Regulations, title 49, part 395.1, paragraph (k), the
planting and harvest period for Minnesota is from January 1 through December 31 of each
year.
 new text end

new text begin (c)new text end The requirements of Code of Federal Regulations, title 49, part 395, do not apply to
drivers of lightweight vehicles.