SF 1784

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/04/2021 03:41pm

A bill for an act
relating to motor vehicles; amending provisions relating to stopping and weighing
vehicles; amending record-keeping requirements for weighing trucks; amending
Minnesota Statutes 2020, sections 169.85, subdivision 1; 169.872, subdivision 1.

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

Section 1.

Minnesota Statutes 2020, 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. new text begin For purposes of this subdivision, "lawfully stopped"
means the officer has probable cause or individual, articulable suspicion to make an initial
stop of the vehicle.
new text end

(b) In addition, the officer may require deleted text begin that the deleted text end new text begin a new text end vehicle new text begin that has been lawfully stopped
new text end 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.

deleted text begin (d) When a truck weight enforcement operation is conducted by means of portable or
stationary scales, signs giving notice of the operation must be posted within the highway
right-of-way and adjacent to the roadway within two miles of the operation. The driver of
a truck or combination of vehicles registered for or with a gross vehicle weight exceeding
10,000 pounds shall proceed to the scale site and submit the vehicle to weighing and
inspection.
deleted text end

Sec. 2.

Minnesota Statutes 2020, section 169.872, subdivision 1, is amended to read:

Subdivision 1.

Record keeping.

new text begin (a) new text end A person who weighs goods before or after unloading
or a person who loads or unloads goods on the basis of liquid volume measure shall keep
a written record of the origin, weight, and composition of each shipment, the date of loading
or receipt, the name and address of the shipper, the total number of axles on the vehicle or
combination of vehicles, and the registration number of the power unit or some other means
of identification by which the shipment was transported. The record deleted text begin shall deleted text end new text begin must new text end be retained
for 14 days deleted text begin and shall deleted text end new text begin . The record must new text end be open to inspection and copying by a state law
enforcement officer or motor transport representative, except state conservation officers,
upon demand. deleted text begin No deleted text end new text begin A new text end search warrant is required to inspect or copy the record.

new text begin (b) new text end This subdivision does not apply to new text begin :
new text end

new text begin (1) new text end a person weighing goods who is not involved in the shipping, receiving, and
transporting of those goods deleted text begin , deleted text end new text begin ; new text end or deleted text begin to
deleted text end

new text begin (2) new text end a person weighing raw and unfinished farm products transported in deleted text begin a single-unit
vehicle with not more than three axles or by deleted text end a trailer towed by a farm tractor when the
transportation is the first haul of the product.