HF 3548

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

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.

No (a) A vehicle shall must not be driven or moved on
any highway unless such the 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
therefrom, except that.

(b) Notwithstanding paragraph (a), a vehicle or combination of vehicles may:

(1) drop sand may be dropped for the purpose of securing to secure traction, or;

(2) sprinkle water or other substances may be sprinkled on a roadway in cleaning or
maintaining such to clean or maintain the roadway; or

(3) leak liquid from thawing sugar beets only if transporting unprocessed sugar beets.

(c) This subdivision shall does 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.

(d) A violation of this subdivision by a vehicle that is carrying farm produce and that is
not exempted by the preceding sentence under paragraph (c) is a petty misdemeanor.

EFFECTIVE DATE.

This section is effective the day following final enactment.

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 maximum driving and on-duty time, hours of service do not
apply to drivers engaged in intrastate transportation within a 150-air-mile radius from the
source of the commodities, or from the retail or wholesale distribution point of the farm
supplies, for:

(1) agricultural commodities; or

(2) farm supplies for agricultural purposes from March 15 to December 15 of each year;
or.

(2) sugar beets from September 1 to May 15 of each year.

Sec. 3.

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

Subd. 9.

Hours of service of driver.

(a) Code of Federal Regulations, title 49, part 395,
is incorporated by reference, except that paragraphs (a), (c), (d), (f), (h), (i), (k), (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.

(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.

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