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SF 2846

Conference Committee Report - 86th Legislature (2009 - 2010) Posted on 12/26/2012 11:26pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to transportation; modifying provisions governing movement of large
vehicles on public streets and highways; making technical changes; repealing
certain rules related to motor carriers; amending Minnesota Statutes 2008,
sections 169.86, subdivision 5; 169.863, subdivision 1; 169.864, subdivision
4; 169.871, subdivisions 1, 1a, 1b; Minnesota Statutes 2009 Supplement,
sections 169.801, subdivision 10; 169.81, subdivision 3; 169.824, subdivision
2; 169.8261, subdivision 2; 169.864, subdivision 2; 169.865, subdivision 1;
221.025; 221.031, subdivision 3; repealing Minnesota Statutes 2008, section
169.826, subdivision 6; Minnesota Rules, parts 7800.0100, subparts 4, 6, 7,
8, 11, 12, 13, 14; 7800.0200; 7800.0400; 7800.0800; 7800.0900; 7800.1000;
7800.3200, subpart 2; 7800.3300; 7805.0500; 7805.0900; 7805.1300; 8850.7950;
8850.8000; 8850.8050, subpart 2; 8850.8100; 8850.8250; 8850.8300; 8850.8350;
8850.8800; 8850.8850; 8850.9050, subpart 3; 8855.0410; 8855.0600; 8855.0850;
8920.0100; 8920.0150; 8920.0200; 8920.0300; 8920.0400; 8920.0500;
8920.0600; 8920.0700; 8920.0800; 8920.0900; 8920.1000; 8920.1100;
8920.1200; 8920.1300; 8920.1400; 8920.1500; 8920.1550; 8920.1600;
8920.1700; 8920.1800; 8920.1900; 8920.2000; 8920.2100; 8920.2200;
8920.2300; 8920.2400; 8920.2500; 8920.2600; 8920.2700; 8920.2800;
8920.2900; 8920.3000; 8920.3100; 8920.3200; 8920.3300; 8920.3400;
8920.3500; 8920.3600; 8920.3700; 8920.3800; 8920.3900; 8920.4000;
8920.4100; 8920.4200; 8920.4300; 8920.4400; 8920.4500.

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

Section 1.

Minnesota Statutes 2009 Supplement, section 169.801, subdivision 10,
is amended to read:


Subd. 10.

Brakes.

Notwithstanding section 169.67:

(a) A self-propelled implement of husbandry must be equipped with brakes adequate
to control its movement and to stop and hold it and any vehicle it is towing.

(b) A towed implement of husbandry must be equipped with brakes adequate to
control its movement and to stop and hold it if:

(1) it has a gross vehicle weight of more than 24,000 pounds and was manufactured
and sold after January 1, 1994;

(2) it has a gross vehicle weight of more than 12,000 pounds and is towed by a
vehicle other than a self-propelled implement of husbandry; or

(3) it has a gross vehicle weight of more than 3,000 pounds and is being towed by a
registered passenger automobile other than a pickup truck as defined in section 168.002,
subdivision 26
.

(c) If a towed implement of husbandry new text beginwith a gross vehicle weight of more than
6,000 pounds, or more than 3,000 pounds if manufactured after January 1, 2011,
new text endis
required under paragraph (b) to have brakes deleted text beginand was manufactured after January 1,
2011
deleted text end, it must also be equipped with brakes deleted text beginas required in section 169.67, subdivision 3,
paragraph (b)
deleted text endnew text begin adequate to stop and hold it if it becomes detached from the towing vehiclenew text end.

Sec. 2.

Minnesota Statutes 2009 Supplement, section 169.81, subdivision 3, is
amended to read:


Subd. 3.

Length of vehicle combinations.

(a) Statewide, except on the highways
identified under provisions in paragraph (c), no combination of vehicles may exceed
a total length of 75 feet.

(b) However, the total length limitation does not apply to combinations of vehicles
transporting:

(1) telephone poles, electric light and power poles, piling, or pole-length pulpwood;
or

(2) pipe or other objects by a public utility when required for emergency or repair
of public service facilities or when operated under special permits as provided in section
169.86.

These combinations of vehicles must be equipped with sufficient clearance markers, or
lamps for night transportation, on both sides and upon the extreme ends of a projecting
load to clearly mark the dimensions of the load.

(c) The following combination of vehicles regularly engaged in the transportation
of commodities may operate only on divided highways having four or more lanes of
travel, and on other highways as may be designated by the commissioner of transportation
subject to section 169.87, subdivision 1, and subject to the approval of the authority
having jurisdiction over the highway, for the purpose of providing reasonable access
between the divided highways of four or more lanes of travel and terminals, facilities for
food, fuel, repair, and rest, and points of loading and unloading for household goods
carriers, livestock carriers, or for the purpose of providing continuity of route:

(1) a truck-tractor and semitrailer exceeding 75 feet in length;

(2) a combination of vehicles including a truck-tractor and semitrailer drawing one
additional semitrailer which may be equipped with an auxiliary dolly;

(3) a combination of vehicles including a truck-tractor and semitrailer drawing
one full trailer;

(4) a truck-tractor and semitrailer designed and used exclusively for the
transportation of motor vehicles or boats and exceeding an overall length of 75 feet
including the load; and

(5) a truck or truck-tractor transporting similar vehicles by having the front axle of
the transported vehicle mounted onto the center or rear part of the preceding vehicle,
defined in Code of Federal Regulations, title 49, sections 390.5 and 393.5 as drive-away
saddlemount combinations or drive-away saddlemount vehicle transporter combinations,
when the overall length exceeds 75new text begin feet but does not exceed 97new text end feet.

(d) Vehicles operated under the provisions of this section must conform to the
standards for those vehicles prescribed by the United States Department of Transportation,
Federal Highway Administration, Bureau of Motor Carrier Safety, as amended.

(e) For purposes of this paragraph, "total length" means the overall length of the
motor vehicle including (1) bumpers and load; and (2) the length of any semitrailer, as
defined in section 168.002, subdivision 30, and any trailer, as defined in section 168.002,
subdivision 35. The maximum allowable total length of a commercial vehicle combination
is 55 feet on that portion of marked Trunk Highway 36 from the intersection with marked
Trunk Highway 95 and Washington County State-Aid Highway 23 in Stillwater, to the
Stillwater lift bridge, located on marked Trunk Highway 36 over the St. Croix River in
Stillwater. This paragraph does not apply to emergency vehicles; motor vehicles while
engaged in work on the bridge or on the portion of highway described in this paragraph,
including snow and ice removal and flood control; a vehicle carrying an oversize permit
issued under section 169.86, subdivision 5, paragraph (d); and vehicles on the Stillwater
lift bridge.

Sec. 3.

Minnesota Statutes 2009 Supplement, section 169.824, subdivision 2, is
amended to read:


Subd. 2.

Gross vehicle weight of all axles; credit for idle reduction technology.

(a) The gross vehicle weight of all axles of a vehicle or combination of vehicles must
not exceed:

(1) 80,000 pounds for any vehicle or combination of vehicles on all streets and
highways, unless posted at a lower axle weight under section 169.87, subdivision 1; and

(2) 88,000 pounds for any vehicle or combination of vehicles with six or more
axles while exclusively engaged in hauling livestock on all state trunk highways other
than interstate highways, if the vehicle has a permit under section 169.86, subdivision
5
, paragraph deleted text begin(k)deleted text endnew text begin (j)new text end.

(b) Notwithstanding the maximum weight provisions of this section, and in order
to promote the reduction of fuel use and emissions, the maximum gross vehicle weight
limits and the axle weight limits for any motor vehicle subject to sections 169.80 to
169.88 and equipped with idle reduction technology or emissions-reduction technology
must be increased by the amount of weight necessary to compensate for the weight of the
idle reduction technology or emissions-reduction technology, not to exceed 400 pounds.
At the request of an authorized representative of the Department of Transportation or the
Department of Public Safety, the vehicle operator shall provide proof that the vehicle is
equipped with this technology through documentation or demonstration.

Sec. 4.

Minnesota Statutes 2009 Supplement, section 169.8261, subdivision 2, is
amended to read:


Subd. 2.

Conditions.

(a) A vehicle or combination of vehicles described in
subdivision 1 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 new text beginor more new text endaxles and brakes on all wheels;

(4) not exceed 90,000 pounds gross vehicle weight, or 99,000 pounds gross vehicle
weight during the time when seasonal increases are authorized under section 169.826;

(5) not be operated on interstate highways;

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

(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 23.75 percent during the time when seasonal increases are
authorized under section 169.826, subdivision 1.

Sec. 5.

Minnesota Statutes 2008, 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;

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

(7) motor vehicles carrying bales of agricultural products authorized under section
169.862.

(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 deleted text beginwhen the movement is not made according to the
provisions of paragraph (i)
deleted text end;

(5) double-deck buses;

(6) commercial boat hauling; deleted text beginand
deleted text end

(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)deleted text begin.deleted text endnew text begin; and
new text end

new text begin (8) vehicles operating on that portion of marked Trunk Highway 36 described in
section 169.81, subdivision 3, paragraph (e).
new text end

(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 weight
limitations on axles
Two
consecutive
axles spaced
within 8 feet
or less
Three
consecutive
axles spaced
within 9 feet
or less
Four consecutive
axles spaced within
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, new text beginmobile cranes; new text endconstruction equipment, machinery, and
suppliesnew text begin; implements of husbandry; and commercial boat haulingnew text end. 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.

deleted text begin (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:
deleted text end

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

deleted text begin (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;
deleted text end

deleted text begin (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;
deleted text end

deleted text begin (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
deleted text end

deleted text begin (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.
deleted text end

deleted text begin 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.
deleted text end

deleted text begin (j)deleted text end new text begin(i) new text end$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.

deleted text begin (k)deleted text end new text begin(j) new text endBeginning August 1, 2006, $200 for an annual permit for a vehicle operating
under authority of section 169.824, subdivision 2, paragraph (a), clause (2).

Sec. 6.

Minnesota Statutes 2008, section 169.863, subdivision 1, is amended to read:


Subdivision 1.

Special vehicle.

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

(a) There must be no more than two support points for the vehicle or for each vehicle
of a vehicle combination. The support point of each axle group must be capable of
distributing the load equally to each axle of the group with a variance of no more than
3,000 pounds between any two axles of the group.

(b) The maximum wheel load may not exceed the tire manufacturer's recommended
load or the following weight limits, whichever is less:

(1) front steering axles, 550 pounds per inch;

(2) other single axles, 500 pounds per inch;

(3) tandem axles, 450 pounds per inch; and

(4) tridem or quad axle groups, 425 pounds per inch.

(c) The axle group weights must comply with the limitations of section 169.824.

(d) The vehicle may not be equipped with a variable load axle, unless the variable
load axle cannot be operated from the cab of the vehicle.

(e) The vehicle transports pole-length pulpwood, carries a gross vehicle weight of
not more than 82,000 pounds, and has six new text beginor more new text endaxles.

Sec. 7.

Minnesota Statutes 2009 Supplement, section 169.864, subdivision 2, is
amended to read:


Subd. 2.

Special two-unit vehicle permit.

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 new text beginif the vehicle combination
has a total of six or more axles
new text endor 97,000 pounds if the deleted text begintruckdeleted text end new text beginvehicle combination new text endhas new text begina
total of
new text endseven new text beginor more new text endaxles;

(3) has a maximum gross vehicle weight of 99,000 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;

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

(6) is operated only on the highways specified in subdivision 1, clause (5).

Sec. 8.

Minnesota Statutes 2008, section 169.864, subdivision 4, is amended to read:


Subd. 4.

Permit fee; appropriation.

Vehicle permits issued under subdivision
1, clause (1), must be annual permits. The fee is $850 for each vehicle new text begincombination
new text endand must be deposited in the trunk highway fund. new text beginThe fee for annual permits issued
under subdivision 2 is $300 for a 90,000-pound vehicle combination or $500 for a
97,000-pound vehicle combination.
new text endAn amount sufficient to administer the permit
program is appropriated from the trunk highway fund to the commissioner for the costs of
administering the permit program.

Sec. 9.

Minnesota Statutes 2009 Supplement, section 169.865, subdivision 1, is
amended to read:


Subdivision 1.

Six-axle vehicles.

(a) A road authority may issue an annual permit
authorizing a vehicle or combination of vehicles with a total of six or more axles to haul
raw or unprocessed agricultural products and be operated with a gross vehicle weight
of up to:

(1) 90,000 pounds; and

(2) 99,000 pounds during the period set by the commissioner under section 169.826,
subdivision 1
.

(b) Notwithstanding subdivision deleted text begin4deleted text endnew text begin 3new text end, paragraph (a), clause (4), a vehicle or
combination of vehicles operated under this subdivision and transporting only sealed
intermodal containers may be operated on an interstate highway if allowed by the United
States Department of Transportation.

(c) The fee for a permit issued under this subdivision is $300.

Sec. 10.

Minnesota Statutes 2008, section 169.871, subdivision 1, is amended to read:


Subdivision 1.

Civil liability.

(a) The owner or lessee of a vehicle that is operated
with a gross weight in excess of a weight limit imposed under sections deleted text begin169.822deleted text end new text begin169.823 new text endto
169.829, deleted text begin169.832deleted text end new text begin169.84 new text endto 169.851, and 169.87 or a shipper who ships or tenders goods
for shipment in a single truck or combination vehicle that exceeds a weight limit imposed
under sections deleted text begin169.822deleted text end new text begin169.823 new text endto 169.829, deleted text begin169.832deleted text end new text begin169.84 new text endto 169.851, and 169.87 is
liable for a civil penalty as follows:

(1) if the total gross excess weight is not more than 1,000 pounds, one cent per
pound for each pound in excess of the legal limit;

(2) if the total gross excess weight is more than 1,000 pounds but not more than
3,000 pounds, $10 plus five cents per pound for each pound in excess of 1,000 pounds;

(3) if the total gross excess weight is more than 3,000 pounds but not more than
5,000 pounds, $110 plus ten cents per pound for each pound in excess of 3,000 pounds;

(4) if the total gross excess weight is more than 5,000 pounds but not more than
7,000 pounds, $310 plus 15 cents per pound for each pound in excess of 5,000 pounds;

(5) if the total gross excess weight is more than 7,000 pounds, $610 plus 20 cents per
pound for each pound in excess of 7,000 pounds.

(b) Notwithstanding any other law to the contrary, if a person found guilty of
a violation of a weight limit imposed under this section or sections deleted text begin169.822deleted text end new text begin169.823
new text endto 169.829, deleted text begin169.832deleted text end new text begin169.84 new text endto 169.851, or 169.87 is also found by the court to have
knowingly and contemporaneously attempted to evade a fixed weigh station or to otherwise
avoid weighing by means of stationary scales under section 169.85 or other law, the court
shall impose a penalty of twice the amount otherwise authorized under paragraph (a).

(c) Any penalty imposed upon a defendant under this subdivision shall not exceed
the penalty prescribed by this subdivision. Any fine paid by the defendant in a criminal
overweight action that arose from the same overweight violation shall be applied toward
payment of the civil penalty under this subdivision. A peace officer or Department of
Public Safety employee described in section 299D.06 who cites a driver for a violation
of the weight limitations established by sections 169.81 to 169.851 and 169.87 shall
give written notice to the driver that the driver or another may also be liable for the civil
penalties provided herein in the same or separate proceedings.

(d) A penalty imposed upon the owner or lessee of a vehicle that is based on
violations identified by the use of shippers' weight records under section 169.872 must not
exceed an aggregate of $10,000.

Sec. 11.

Minnesota Statutes 2008, section 169.871, subdivision 1a, is amended to read:


Subd. 1a.

Special permit violations.

(a) The owner or lessee of a vehicle that is
operated with a gross weight in excess of a weight limit imposed by new text begina new text endpermit new text beginissued new text endunder
deleted text begin sections 169.86 and 169.862deleted text end new text beginthis chapter new text endand a shipper who ships or tenders goods for
shipment in a single truck or combination vehicle that exceeds deleted text beginadeleted text endnew text begin thenew text end weight deleted text beginlimit permitteddeleted text end
new text begin allowed by a permit issued new text endunder deleted text beginsection 169.86 or 169.862deleted text end new text beginthis chapter new text endis liable for a civil
penalty at a rate of five cents per pound for each pound in excess of the weight deleted text beginpermitted
under section 169.86 or 169.862
deleted text endnew text begin allowed by the permitnew text end, or $100, whichever is greater.

(b) Any penalty imposed upon a defendant under this subdivision shall not exceed
the penalty prescribed by this subdivision. Any fine paid by the defendant in a criminal
overweight action that arose from the same overweight violation may not be applied
toward payment of the civil penalty under this subdivision. A peace officer or Department
of Public Safety employee described in section 299D.06 who cites a driver for a violation
of the weight limitations established by permit pursuant to deleted text beginsection 169.86 or 169.862deleted text end new text beginthis
chapter
new text endshall give written notice to the driver that the driver or another may also be liable
for the civil penalty provided in this subdivision in the same or separate proceedings.

Sec. 12.

Minnesota Statutes 2008, section 169.871, subdivision 1b, is amended to read:


Subd. 1b.

Civil penalty for first two violations.

Notwithstanding subdivision 1,
paragraph (a), clauses (1) to (5), a civil penalty under subdivision 1 for a violation in a
motor vehicle in the course of a first haul as defined in section 168.013, subdivision 3,
paragraph (d)(3), of a weight limit imposed under sections deleted text begin169.822deleted text end new text begin169.823 new text endto 169.829,
deleted text begin 169.832deleted text end new text begin169.84 new text endto 169.851, and 169.87 that is not preceded by two or more violations
of the gross weight limits in those sections in that motor vehicle within the previous 12
months, may not exceed $150.

Sec. 13.

Minnesota Statutes 2009 Supplement, section 221.025, is amended to read:


221.025 EXEMPTIONS.

The provisions of this chapter requiring a certificate or permit to operate as a motor
carrier do not apply to the intrastate transportation described below:

(1) the transportation of students to or from school or school activities in a school
bus inspected and certified under section 169.451 and the transportation of children or
parents to or from a Head Start facility or Head Start activity in a Head Start bus inspected
and certified under section 169.451;

(2) the transportation of solid waste, as defined in section 116.06, subdivision 22,
including recyclable materials and waste tires, except that the term "hazardous waste" has
the meaning given it in section 221.012, subdivision 18;

(3) a commuter van as defined in section 221.012, subdivision 9;

(4) authorized emergency vehicles as defined in section 169.011, subdivision 3,
including ambulances; and tow trucks equipped with proper and legal warning devices
when picking up and transporting (i) disabled or wrecked motor vehicles or (ii) vehicles
towed or transported under a towing order issued by a public employee authorized to
issue a towing order;

(5) the transportation of grain samples under conditions prescribed by the
commissioner;

(6) the delivery of agricultural lime;

(7) the transportation of dirt and sod within an area having a 50-mile radius from the
home post office of the person performing the transportation;

(8) the transportation of sand, gravel, bituminous asphalt mix, concrete ready mix,
concrete blocks or tile and the mortar mix to be used with the concrete blocks or tile, or
crushed rock to or from the point of loading or a place of gathering within an area having a
50-mile radius from that person's home post office or a 50-mile radius from the site of
construction or maintenance of public roads and streets;

(9) the transportation of pulpwood, cordwood, mining timber, poles, posts, decorator
evergreens, wood chips, sawdust, shavings, and bark from the place where the products
are produced to the point where they are to be used or shipped;

(10) the transportation of fresh vegetables from farms to canneries or viner stations,
from viner stations to canneries, or from canneries to canneries during the harvesting,
canning, or packing season, or transporting sugar beets, wild rice, or rutabagas from the
field of production to the first place of delivery or unloading, including a processing
plant, warehouse, or railroad siding;

deleted text begin (11) the transportation of property or freight, other than household goods and
petroleum products in bulk, entirely within the corporate limits of a city or between
contiguous cities;
deleted text end

deleted text begin (12)deleted text end new text begin(11) new text endthe transportation of unprocessed dairy products in bulk within an
area having a 100-mile radius from the home post office of the person providing the
transportation;

deleted text begin (13)deleted text end new text begin(12) new text endthe transportation of agricultural, horticultural, dairy, livestock, or other
farm products within an area having a 100-mile radius from the person's home post
office and the carrier may transport other commodities within the 100-mile radius if the
destination of each haul is a farm;

deleted text begin (14)deleted text end new text begin(13) new text endthe transportation of newspapers, as defined in section 331A.01,
subdivision 5
, telephone books, handbills, circulars, or pamphlets in a vehicle with a gross
vehicle weight of 10,000 pounds or less; and

deleted text begin (15)deleted text end new text begin(14) new text endtransportation of potatoes from the field of production, or a storage site
owned or otherwise controlled by the producer, to the first place of processing.

The exemptions provided in this section apply to a person only while the person is
exclusively engaged in exempt transportation.

Sec. 14.

Minnesota Statutes 2009 Supplement, section 221.031, subdivision 3, is
amended to read:


Subd. 3.

Vehicle over 10,000 pounds not exempt.

(a) This subdivision applies to
persons engaged in intrastate commerce who operate vehicles providing transportation
described in section 221.025 with a gross vehicle weight in excess of 10,000 pounds,
except school buses, commuter vans, and authorized emergency vehicles.

(b) Persons providing transportation described in section 221.025, clause (6), (10),
deleted text begin (12)deleted text endnew text begin (11)new text end, or deleted text begin(13)deleted text endnew text begin (12)new text end, must comply with the rules for driving of motor vehicles and for
parts and accessories necessary for safe operation.

(c) Persons providing transportation described in section 221.025, except for persons
providing transportation described in clause (6), (10), deleted text begin(12)deleted text endnew text begin (11)new text end, or deleted text begin(13)deleted text endnew text begin (12)new text end, must comply
with the rules for driving of motor vehicles; parts and accessories necessary for safe
operation; and the rules for driver qualifications.

Sec. 15. new text begin REPEALER.
new text end

new text begin (a) Minnesota Statutes 2008, section 169.826, subdivision 6, new text end new text begin is repealed.
new text end

new text begin (b) Minnesota Rules, parts 7800.0100, subparts 4, 6, 7, 8, 11, 12, 13, and 14;
7800.0200; 7800.0400; 7800.0800; 7800.0900; 7800.1000; 7800.3200, subpart 2;
7800.3300; 7805.0500; 7805.0900; 7805.1300; 8850.7950; 8850.8000; 8850.8050,
subpart 2; 8850.8100; 8850.8250; 8850.8300; 8850.8350; 8850.8800; 8850.8850;
8850.9050, subpart 3; 8855.0410; 8855.0600; 8855.0850; 8920.0100; 8920.0150;
8920.0200; 8920.0300; 8920.0400; 8920.0500; 8920.0600; 8920.0700; 8920.0800;
8920.0900; 8920.1000; 8920.1100; 8920.1200; 8920.1300; 8920.1400; 8920.1500;
8920.1550; 8920.1600; 8920.1700; 8920.1800; 8920.1900; 8920.2000; 8920.2100;
8920.2200; 8920.2300; 8920.2400; 8920.2500; 8920.2600; 8920.2700; 8920.2800;
8920.2900; 8920.3000; 8920.3100; 8920.3200; 8920.3300; 8920.3400; 8920.3500;
8920.3600; 8920.3700; 8920.3800; 8920.3900; 8920.4000; 8920.4100; 8920.4200;
8920.4300; 8920.4400; and 8920.4500,
new text end new text begin are repealed.
new text end