SF 1542

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

A bill for an act
relating to motor carriers; allowing transportation of
equestrian equipment in recreational vehicle
combination; regulating maximum axle weights allowed
on highways; establishing oversize permit fee for
manufactured storage buildings; authorizing issuance
of permits for certain three-unit and two-unit
vehicles between Grand Rapids and Duluth; abolishing
certain rules relating to motor carriers; amending
Minnesota Statutes 2004, sections 169.01, subdivision
78; 169.81, subdivision 3c; 169.8261; 169.851,
subdivision 5; 169.86, subdivision 5; proposing coding
for new law in Minnesota Statutes, chapter 169;
repealing Minnesota Rules, parts 7800.0600; 7800.3200,
subpart 1; 7805.0700; 8850.6900, subpart 20;
8855.0500, subpart 1.

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

Section 1.

Minnesota Statutes 2004, section 169.01,
subdivision 78, is amended to read:

Subd. 78.

Recreational vehicle combination.

"Recreational vehicle combination" means a combination of
vehicles consisting of a pickup truck as defined in section
168.011, subdivision 29, attached by means of a fifth-wheel
coupling to a camper-semitrailer which has hitched to it a
trailer carrying a watercraft as defined in section 86B.005,
subdivision 18; off-highway motorcycle as defined in section
84.787, subdivision 7; motorcycle; motorized bicycle; snowmobile
as defined in section 84.81, subdivision 3; or all-terrain
vehicle as defined in section 84.92, subdivision 8; or
equestrian equipment and supplies. For purposes of this
subdivision:

(a) A "fifth-wheel coupling" is a coupling between a
camper-semitrailer and a towing pickup truck in which a portion
of the weight of the camper-semitrailer is carried over or
forward of the rear axle of the towing pickup.

(b) A "camper-semitrailer" is a trailer, other than a
manufactured home as defined in section 327B.01, subdivision 13,
designed for human habitation and used for vacation or
recreational purposes for limited periods.

Sec. 2.

Minnesota Statutes 2004, section 169.81,
subdivision 3c, is amended to read:

Subd. 3c.

Recreational vehicle combination.

Notwithstanding subdivision 3, a recreational vehicle
combination may be operated without a permit if:

(1) the combination does not consist of more than three
vehicles, and the towing rating of the pickup truck is equal to
or greater than the total weight of all vehicles being towed;

(2) the combination does not exceed 60 feet in length;

(3) the camper-semitrailer in the combination does not
exceed 28 feet in length;

(4) the operator of the combination is at least 18 years of
age;

(5) the trailer carrying a watercraft, motorcycle,
motorized bicycle, off-highway motorcycle, snowmobile, or
all-terrain vehicle, or equestrian equipment and supplies meets
all requirements of law;

(6) the trailers in the combination are connected to the
pickup truck and each other in conformity with section 169.82;
and

(7) the combination is not operated within the seven-county
metropolitan area, as defined in section 473.121, subdivision 2,
during the hours of 6:00 a.m. to 9:00 a.m. and 4:00 p.m. to 7:00
p.m. on Mondays through Fridays.

Sec. 3.

Minnesota Statutes 2004, section 169.8261, is
amended to read:

169.8261 GROSS WEIGHT LIMITATIONS; FOREST PRODUCTS.

(a) A vehicle or combination of vehicles hauling raw or
unfinished forest products, including wood chips, by the most
direct route to the nearest highway that has been designated
under section 169.832, subdivision 11, may be operated on any
highway with gross weights permitted under sections 169.822 to
169.829 without regard to load restrictions imposed on that
highway, except that such the vehicles must:

(1) comply with seasonal load restrictions in effect
between the dates set by the commissioner under section 169.87,
subdivision 2;

(2) comply with bridge load limits posted under section
169.84;

(3) be equipped and operated with six axles and brakes;

(4) not exceed 90,000 pounds gross weight, or 98,000 pounds
gross weight during the time when seasonal increases are
authorized under section 169.826;

(5) not be operated on interstate and defense highways;

(6) obtain an annual permit from the commissioner of
transportation; and

(7) obey all road postings; and

(8) not exceed 20,000 pounds gross weight on any single
axle.

(b) A vehicle operated under this section may exceed the
legal axle weight limits listed in section 169.824 by not more
than 12.5 percent; except that, the weight limits may be
exceeded by not more than 22.5 percent during the time when
seasonal increases are authorized under section 169.826,
subdivision 1.

Sec. 4.

Minnesota Statutes 2004, section 169.851,
subdivision 5, is amended to read:

Subd. 5.

Exception for farm and forest products.

The
maximum weight provisions of this section do Subdivision 4 of
this section does not apply to the first haul of unprocessed or
raw farm products and the transportation of raw and unfinished
forest products, including wood chips,when the prescribed
maximum weight limitation is limitations permitted under
sections 169.822 to 169.829 are not exceeded by more than ten
percent.

Sec. 5.

Minnesota Statutes 2004, section 169.86,
subdivision 5, is amended to read:

Subd. 5.

Fee; proceeds deposited; appropriation.

The
commissioner, with respect to highways under the commissioner's
jurisdiction, may charge a fee for each permit issued. All such
fees for permits issued by the commissioner of transportation
shall be deposited in the state treasury and credited to the
trunk highway fund. Except for those annual permits for which
the permit fees are specified elsewhere in this chapter, the
fees shall be:

(a) $15 for each single trip permit.

(b) $36 for each job permit. A job permit may be issued
for like loads carried on a specific route for a period not to
exceed two months. "Like loads" means loads of the same
product, weight, and dimension.

(c) $60 for an annual permit to be issued for a period not
to exceed 12 consecutive months. Annual permits may be issued
for:

(1) motor vehicles used to alleviate a temporary crisis
adversely affecting the safety or well-being of the public;

(2) motor vehicles which travel on interstate highways and
carry loads authorized under subdivision 1a;

(3) motor vehicles operating with gross weights authorized
under section 169.826, subdivision 1a;

(4) special pulpwood vehicles described in section 169.863;

(5) motor vehicles bearing snowplow blades not exceeding
ten feet in width; and

(6) noncommercial transportation of a boat by the owner or
user of the boat.

(d) $120 for an oversize annual permit to be issued for a
period not to exceed 12 consecutive months. Annual permits may
be issued for:

(1) mobile cranes;

(2) construction equipment, machinery, and supplies;

(3) manufactured homes and manufactured storage buildings;

(4) implements of husbandry when the movement is not made
according to the provisions of paragraph (i);

(5) double-deck buses;

(6) commercial boat hauling; and

(7) three-vehicle combinations consisting of two empty,
newly manufactured trailers for cargo, horses, or livestock, not
to exceed 28-1/2 feet per trailer; provided, however, the permit
allows the vehicles to be moved from a trailer manufacturer to a
trailer dealer only while operating on twin-trailer routes
designated under section 169.81, subdivision 3, paragraph (c).

(e) For vehicles which have axle weights exceeding the
weight limitations of sections 169.822 to 169.829, an additional
cost added to the fees listed above. However, this paragraph
applies to any vehicle described in section 168.013, subdivision
3, paragraph (b), but only when the vehicle exceeds its gross
weight allowance set forth in that paragraph, and then the
additional cost is for all weight, including the allowance
weight, in excess of the permitted maximum axle weight. The
additional cost is equal to the product of the distance traveled
times the sum of the overweight axle group cost factors shown in
the following chart:

Overweight Axle Group Cost Factors

Weight (pounds) Cost Per Mile For Each Group Of:
exceeding Two consec- Three consec- Four consec-
weight utive axles utive axles utive axles
limitations spaced within spaced within spaced within
on axles 8 feet or less 9 feet or less 14 feet or less
0-2,000 .12 .05 .04
2,001-4,000 .14 .06 .05
4,001-6,000 .18 .07 .06
6,001-8,000 .21 .09 .07
8,001-10,000 .26 .10 .08
10,001-12,000 .30 .12 .09
12,001-14,000 Not permitted .14 .11
14,001-16,000 Not permitted .17 .12
16,001-18,000 Not permitted .19 .15
18,001-20,000 Not permitted Not permitted .16
20,001-22,000 Not permitted Not permitted .20

The amounts added are rounded to the nearest cent for each axle
or axle group. The additional cost does not apply to paragraph
(c), clauses (1) and (3).

For a vehicle found to exceed the appropriate maximum permitted
weight, a cost-per-mile fee of 22 cents per ton, or fraction of
a ton, over the permitted maximum weight is imposed in addition
to the normal permit fee. Miles must be calculated based on the
distance already traveled in the state plus the distance from
the point of detection to a transportation loading site or
unloading site within the state or to the point of exit from the
state.

(f) As an alternative to paragraph (e), an annual permit
may be issued for overweight, or oversize and overweight,
construction equipment, machinery, and supplies. The fees for
the permit are as follows:

Gross Weight (pounds) of Vehicle Annual Permit Fee
90,000 or less $200
90,001 - 100,000 $300
100,001 - 110,000 $400
110,001 - 120,000 $500
120,001 - 130,000 $600
130,001 - 140,000 $700
140,001 - 145,000 $800

If the gross weight of the vehicle is more than 145,000 pounds
the permit fee is determined under paragraph (e).

(g) For vehicles which exceed the width limitations set
forth in section 169.80 by more than 72 inches, an additional
cost equal to $120 added to the amount in paragraph (a) when the
permit is issued while seasonal load restrictions pursuant to
section 169.87 are in effect.

(h) $85 for an annual permit to be issued for a period not
to exceed 12 months, for refuse-compactor vehicles that carry a
gross weight of not more than: 22,000 pounds on a single rear
axle; 38,000 pounds on a tandem rear axle; or, subject to
section 169.828, subdivision 2, 46,000 pounds on a tridem rear
axle. A permit issued for up to 46,000 pounds on a tridem rear
axle must limit the gross vehicle weight to not more than 62,000
pounds.

(i) For vehicles exclusively transporting implements of
husbandry, an annual permit fee of $24. A vehicle operated
under a permit authorized by this paragraph may be moved at the
discretion of the permit holder without prior route approval by
the commissioner if:

(1) the total width of the transporting vehicle, including
load, does not exceed 14 feet;

(2) the vehicle is operated only between sunrise and 30
minutes after sunset, and is not operated at any time after
12:00 noon on Sundays or holidays;

(3) the vehicle is not operated when visibility is impaired
by weather, fog, or other conditions that render persons and
other vehicles not clearly visible at 500 feet;

(4) the vehicle displays at the front and rear of the load
or vehicle a pair of flashing amber lights, as provided in
section 169.59, subdivision 4, whenever the overall width of the
vehicle exceeds 126 inches; and

(5) the vehicle is not operated on a trunk highway with a
surfaced roadway width of less than 24 feet unless such
operation is authorized by the permit.

A permit under this paragraph authorizes movements of the
permitted vehicle on an interstate highway, and movements of 75
miles or more on other highways.

(j) $300 for a motor vehicle described in section
169.8261. The fee under this paragraph must be deposited as
follows:

(1) in fiscal years 2005 through 2010:

(i) the first $50,000 in each fiscal year must be deposited
in the trunk highway fund for costs related to administering the
permit program and inspecting and posting bridges;

(ii) all remaining money in each fiscal year must be
deposited in a bridge inspection and signing account in the
special revenue fund. Money in the account is appropriated to
the commissioner for:

(A) inspection of local bridges and identification of local
bridges to be posted, including contracting with a consultant
for some or all of these functions; and

(B) erection of weight-posting signs on local bridges; and

(2) in fiscal year 2011 and subsequent years must be
deposited in the trunk highway fund.

Sec. 6.

[169.864] SPECIAL PAPER PRODUCTS VEHICLE PERMIT.

Subdivision 1.

Three-unit vehicle.

The commissioner may
issue a permit for a vehicle that meets the following
requirements:

(1) is a combination of vehicles, including a truck-tractor
and a semitrailer drawing one additional semitrailer, which may
be equipped with an auxiliary dolly. No semitrailer used in a
three-vehicle combination may have an overall length in excess
of 28-1/2 feet;

(2) has a maximum gross vehicle weight of 108,000 pounds;

(3) complies with the axle weight limits in section 169.824
or with the federal bridge formula for axle groups not described
in that section;

(4) complies with the tire weight limits in section 169.823
or the tire manufacturers' recommended load, whichever is less;

(5) is operated only in this state on Trunk Highway marked
2 between Grand Rapids and the port of Duluth; on Trunk Highway
marked 169 between Grand Rapids and its junction with Trunk
Highway marked 53; and on Trunk Highway marked 53 between
Virginia and the port of Duluth; and

(6) the seasonal weight increases authorized under section
169.826, subdivision 1, do not apply.

Subd. 2.

Two-unit vehicle.

The commissioner may issue a
permit for a vehicle that meets the following requirements:

(1) is a combination of vehicles consisting of a
truck-tractor and a single semitrailer that may exceed 48 feet,
but not 53 feet if the distance from the kingpin to the
centerline of the rear axle group of the semitrailer does not
exceed 43 feet;

(2) has a maximum gross vehicle weight of 90,000 pounds;

(3) has a maximum gross vehicle weight of 98,000 pounds
during the time when seasonal weight increases authorized under
section 169.826, subdivision 1, are in effect;

(4) complies with the axle weight limits in section 169.824
or with the federal bridge formula for axle groups not described
in that section; and

(5) complies with the tire weight limits in section 169.823
or the tire manufacturers' recommended load, whichever is less.

Subd. 3.

Restrictions.

Vehicles issued permits under
subdivisions 1 and 2 must comply with the following restrictions:

(1) the vehicle must be operated in compliance with
seasonal load restrictions under section 169.87;

(2) the vehicle may not be operated on the interstate
highway system; and

(3) the vehicle may be operated on streets or highways
under the control of local authorities only upon the approval of
the local authority; however, vehicles may have reasonable
access to terminals and facilities for food, fuel, repairs, and
rest and for continuity of route within one mile of the national
network as provided by section 169.81, subdivision 3, and by
Code of Federal Regulations, title 23, part 658.19.

Subd. 4.

Permit fee.

Vehicle permits issued under
subdivision 1, clause (1), must be annual permits. The fee is
$850 for each vehicle and must be deposited in the trunk highway
fund. An amount sufficient to administer the permit program is
appropriated to the commissioner for the costs of administering
the permit program.

EFFECTIVE DATE.

This section is effective the later of
August 1, 2006, or the date on which the commissioner determines
that building permits have been issued for the construction of a
new pulp and paper manufacturing facility at Grand Rapids.

Sec. 7. REPEALER.

Minnesota Rules, parts 7800.0600; 7800.3200, subpart 1;
7805.0700; 8850.6900, subpart 20; and 8855.0500, subpart 1, are
repealed.