SF 1541

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to traffic regulations; requiring certain
vehicles up to 80,000 pounds to have access to
terminals and facilities; requiring training for peace
officers and others who engage in vehicle weight
enforcement; amending Minnesota Statutes 2004,
sections 169.824, subdivision 2; 169.85, subdivisions
1, 6.

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

Section 1.

Minnesota Statutes 2004, section 169.824,
subdivision 2, is amended to read:

Subd. 2.

Gross vehicle weight of all axles.

(a)
Notwithstanding the provisions of section 169.85, the gross
vehicle weight of all axles of a vehicle or combination of
vehicles shall not exceed:

(1) 80,000 pounds for any vehicle or combination of
vehicles on all state trunk highways as defined in section
160.02, subdivision 29, and for all routes designated under
section 169.832, subdivision 11;

(2) 73,280 pounds for any vehicle or combination of
vehicles with five axles or less on all routes, other than state
trunk highways and routes that are designated under section
169.832, subdivision 11 new text begin , except that a vehicle needing
reasonable access to a terminal or facilities for food, fuel,
repairs, and rest, located within three miles of a ten-ton
route, may not exceed 80,000 pounds. "Terminal" means any
location where freight either originates, terminates, or is
handled in the transportation process, or where commercial motor
carriers maintain operating facilities new text end ; and

(3) 80,000 pounds for any vehicle or combination of
vehicles with six or more axles on all routes, other than state
trunk highways and routes that are designated under section
169.832, subdivision 11.

(b) The maximum weights specified in this section for five
consecutive axles shall not apply to a four-axle ready-mix
concrete truck which was equipped with a fifth axle prior to
June 1, 1981. The maximum gross weight on four or fewer
consecutive axles of vehicles excepted by this clause shall not
exceed any maximum weight specified for four or fewer
consecutive axles in this section.

Sec. 2.

Minnesota Statutes 2004, 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 deleted text begin and deleted text end new text begin , new text end signs giving
notice of the operation deleted text begin are deleted text end new text begin must be new text end posted within the highway
right-of-way and adjacent to the roadway within two miles of the
operation deleted text begin , deleted text end new text begin . new text end The driver of a truck or combination of vehicles
registered for or weighing in excess of 12,000 pounds shall
proceed to the scale site and submit the vehicle to weighing and
inspection.

Sec. 3.

Minnesota Statutes 2004, section 169.85,
subdivision 6, is amended to read:

Subd. 6.

Officer defined.

When used in this section, the
word "officer" means a deleted text begin peace officer or deleted text end new text begin member of the State
Patrol, new text end an employee of the Department of Public Safety described
in section 299D.06 new text begin , or a peace officer or person under the
officer's direction and control employed by a local unit of
government who is trained in weight enforcement by the
Department of Public Safety.
new text end