SF 1793

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to motor vehicles; clarifying first haul 
  1.3             exemption from certain gross weight violations; 
  1.4             amending Minnesota Statutes 2002, sections 169.851, 
  1.5             subdivision 3; 169.871, subdivision 1b; Minnesota 
  1.6             Statutes 2003 Supplement, section 168.013, subdivision 
  1.7             3. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2003 Supplement, section 
  1.10  168.013, subdivision 3, is amended to read: 
  1.11     Subd. 3.  [APPLICATION; CANCELLATION; EXCESSIVE GROSS 
  1.12  WEIGHT FORBIDDEN.] (a) The applicant for all licenses based on 
  1.13  gross weight shall state the unloaded weight of the motor 
  1.14  vehicle, trailer, or semitrailer and the maximum load the 
  1.15  applicant proposes to carry on it, the sum of which constitutes 
  1.16  the gross weight upon which the license tax must be paid.  
  1.17  However, the declared gross weight upon which the tax is paid 
  1.18  must not be less than 1-1/4 times the declared unloaded weight 
  1.19  of the motor vehicle, trailer, or semitrailer to be registered, 
  1.20  except recreational vehicles taxed under subdivision 1g, school 
  1.21  buses taxed under subdivision 18, and tow trucks or towing 
  1.22  vehicles defined in section 169.01, subdivision 52.  The gross 
  1.23  weight of a tow truck or towing vehicle is the actual weight of 
  1.24  the tow truck or towing vehicle fully equipped, but does not 
  1.25  include the weight of a wrecked or disabled vehicle towed or 
  1.26  drawn by the tow truck or towing vehicle. 
  2.1      (b) Except as provided in paragraph (e), the gross weight 
  2.2   of a motor vehicle, trailer, or semitrailer must not exceed the 
  2.3   gross weight upon which the license tax has been paid by more 
  2.4   than four percent or 1,000 pounds, whichever is greater; 
  2.5   provided that, a vehicle transporting unfinished forest products 
  2.6   on a highway, other than a highway that is part of the system of 
  2.7   interstate and defense highways, unless a federal exemption is 
  2.8   granted, in accordance with paragraph (d)(3): 
  2.9      (1) shall not exceed its gross vehicle weight upon which 
  2.10  the license tax has been paid, or gross axle weight on any axle, 
  2.11  by more than five percent and, notwithstanding other law to the 
  2.12  contrary, is not subject to any fee, fine, or other assessment 
  2.13  or penalty for exceeding a gross vehicle or axle weight by up to 
  2.14  five percent; and 
  2.15     (2) between the dates set by the commissioner in accordance 
  2.16  with section 169.826, subdivision 1, is not subject to any 
  2.17  provision of paragraph (d) or chapter 169 limiting the gross 
  2.18  axle weight of any individual axle unless the entire vehicle 
  2.19  also exceeds its gross vehicle weight plus its weight allowance 
  2.20  allowed in clause (1) and plus any weight allowance permitted 
  2.21  under section 169.826, in which case the vehicle is subject to 
  2.22  all applicable penalties for excess weight violations. 
  2.23     (c) The gross weight of the motor vehicle, trailer, or 
  2.24  semitrailer for which the license tax is paid must be indicated 
  2.25  by a distinctive character on the license plate or plates except 
  2.26  as provided in subdivision 12 and the plate or plates must be 
  2.27  kept clean and clearly visible at all times. 
  2.28     (d) The owner, driver, or user of a motor vehicle, trailer, 
  2.29  or semitrailer, upon conviction for transporting a gross weight 
  2.30  in excess of the gross weight for which it was registered or for 
  2.31  operating a vehicle with an axle weight exceeding the maximum 
  2.32  lawful axle load weight, is guilty of a misdemeanor and subject 
  2.33  to increased registration or reregistration according to the 
  2.34  following schedule: 
  2.35     (1) Upon conviction for transporting a gross weight in 
  2.36  excess of the gross weight for which a motor vehicle, trailer, 
  3.1   or semitrailer is registered by more than the allowance set 
  3.2   forth in paragraph (b) or, in the case of a first haul, by more 
  3.3   than the allowance set forth in paragraph (e), but less than 25 
  3.4   percent, or for operating or using a motor vehicle, trailer, or 
  3.5   semitrailer with an axle weight exceeding the maximum lawful 
  3.6   axle load as provided in sections 169.822 to 169.829 by more 
  3.7   than the allowance set forth in paragraph (b) but less than 25 
  3.8   percent, the owner, driver, or user of the motor vehicle, 
  3.9   trailer, or semitrailer used to commit the violation, in 
  3.10  addition to any penalty imposed for the misdemeanor, shall apply 
  3.11  to the registrar to increase the authorized gross weight to be 
  3.12  carried on the vehicle to a weight equal to or greater than the 
  3.13  gross weight the owner, driver, or user was convicted of 
  3.14  carrying.  The increase is computed for the balance of the 
  3.15  calendar year on the basis of 1/12 of the annual tax for each 
  3.16  month remaining in the calendar year beginning with the first 
  3.17  day of the month in which the violation occurred.  If the 
  3.18  additional registration tax computed upon that weight, plus the 
  3.19  tax already paid, amounts to more than the regular tax for the 
  3.20  maximum gross weight permitted for the vehicle under sections 
  3.21  169.822 to 169.829, that additional amount must nevertheless be 
  3.22  paid into the highway fund, but the additional tax thus paid 
  3.23  does not authorize or permit any person to operate the vehicle 
  3.24  with a gross weight in excess of the maximum legal weight as 
  3.25  provided by sections 169.822 to 169.829.  Unless the owner 
  3.26  within 30 days after a conviction applies to increase the 
  3.27  authorized weight and pays the additional tax as provided in 
  3.28  this section, the registrar shall revoke the registration on the 
  3.29  vehicle and demand the return of the registration card and 
  3.30  plates issued on that registration. 
  3.31     (2) Upon conviction of an owner, driver, or user of a motor 
  3.32  vehicle, trailer, or semitrailer for transporting a gross weight 
  3.33  in excess of the gross weight for which the motor vehicle, 
  3.34  trailer, or semitrailer was registered by 25 percent or more or 
  3.35  for operating or using the vehicle or trailer with an axle 
  3.36  weight exceeding the maximum lawful axle load as provided in 
  4.1   sections 169.822 to 169.829 by 25 percent or more, and in 
  4.2   addition to any penalty imposed for the misdemeanor, the 
  4.3   registrar shall either (i) cancel the reciprocity privileges on 
  4.4   the vehicle involved if the vehicle is being operated under 
  4.5   reciprocity or (ii) if the vehicle is not being operated under 
  4.6   reciprocity, cancel the certificate of registration on the 
  4.7   vehicle operated and demand the return of the registration 
  4.8   certificate and registration plates.  The registrar may not 
  4.9   cancel the registration or reciprocity privileges for any 
  4.10  vehicle found in violation of seasonal load restrictions imposed 
  4.11  under section 169.87 unless the axle weight exceeds the 
  4.12  year-round weight limit for the highway on which the violation 
  4.13  occurred.  The registrar may investigate any allegation of gross 
  4.14  weight violations and demand that the operator show cause why 
  4.15  all future operating privileges in the state should not be 
  4.16  revoked unless the additional tax assessed is paid. 
  4.17     (3) Clause (1) does not apply to the first haul of 
  4.18  unprocessed or raw farm products or unfinished forest products, 
  4.19  when the registered gross weight is not exceeded by more than 
  4.20  ten percent.  For purposes of this clause, "first haul" means 
  4.21  (i) the first, continuous transportation of unprocessed or raw 
  4.22  farm products from the place of production or on-farm storage 
  4.23  site to any other location within 50 miles of the place of 
  4.24  production or on-farm storage site, or (ii) the continuous or 
  4.25  noncontinuous transportation of unfinished forest products from 
  4.26  the place of production to the place of final processing or 
  4.27  manufacture located within 200 miles of the place of production. 
  4.28     (4) When the registration on a motor vehicle, trailer, or 
  4.29  semitrailer is revoked by the registrar according to this 
  4.30  section, the vehicle must not be operated on the highways of the 
  4.31  state until it is registered or reregistered, as the case may 
  4.32  be, and new plates issued, and the registration fee is the 
  4.33  annual tax for the total gross weight of the vehicle at the time 
  4.34  of violation.  The reregistration pursuant to this subdivision 
  4.35  of any vehicle operating under reciprocity agreements pursuant 
  4.36  to section 168.181 or 168.187 must be at the full annual 
  5.1   registration fee without regard to the percentage of vehicle 
  5.2   miles traveled in this state. 
  5.3      (e) Paragraphs (b) and (d) do not apply to the first haul 
  5.4   of unprocessed or raw farm products or unfinished forest 
  5.5   products, when the registered gross weight is not exceeded by 
  5.6   more than ten percent.  For purposes of this paragraph, "first 
  5.7   haul" means: 
  5.8      (1) the first, continuous transportation of unprocessed or 
  5.9   raw farm products from the place of production or on-farm 
  5.10  storage site to any other location within 50 miles of the place 
  5.11  of production or on-farm storage site; or 
  5.12     (2) the continuous or noncontinuous transportation of 
  5.13  unfinished forest products from the place of production to the 
  5.14  place of final processing or manufacture located within 200 
  5.15  miles of the place of production. 
  5.16     Sec. 2.  Minnesota Statutes 2002, section 169.851, 
  5.17  subdivision 3, is amended to read: 
  5.18     Subd. 3.  [FIRST HAUL.] "First haul" has the meaning given 
  5.19  it in section 168.013, subdivision 3, paragraph (d)(3) (e).  
  5.20     Sec. 3.  Minnesota Statutes 2002, section 169.871, 
  5.21  subdivision 1b, is amended to read: 
  5.22     Subd. 1b.  [CIVIL PENALTY FOR FIRST TWO VIOLATIONS.] 
  5.23  Notwithstanding subdivision 1, paragraph (a), clauses (1) to 
  5.24  (5), a civil penalty under subdivision 1 for a violation in a 
  5.25  motor vehicle in the course of a first haul as defined in 
  5.26  section 168.013, subdivision 3, paragraph (d), clause (3) (e), 
  5.27  of a weight limit imposed under sections 169.822 to 169.829, 
  5.28  169.832 to 169.851, and 169.87 that is not preceded by two or 
  5.29  more violations of the gross weight limits in those sections in 
  5.30  that motor vehicle within the previous 12 months, may not exceed 
  5.31  $150. 
  5.32     Sec. 4.  [EFFECTIVE DATE.] 
  5.33     Sections 1 to 3 are effective the day following final 
  5.34  enactment.