SF 3165

as introduced - 89th Legislature (2015 - 2016) Posted on 03/24/2016 09:34am

A bill for an act
relating to transportation; requiring an officer to obtain a search warrant to inspect
and copy records concerning receipt of certain overweight loads; amending
Minnesota Statutes 2014, section 169.872, subdivisions 1, 1a.

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

Section 1.

Minnesota Statutes 2014, section 169.872, subdivision 1, is amended to read:

Subdivision 1.

Record keeping.

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 shall be
retained for 14 days and shall be open to inspection and copying by a state law enforcement
officer deleted text begin or motor transport representative deleted text end , except state conservation officers, upon demand
new text begin and presentation of a search warrant new text end . deleted text begin No search warrant is required to inspect or copy the
record. deleted text end This subdivision does not apply to a person weighing goods who is not involved in
the shipping, receiving, and transporting of those goods, or to a person weighing raw and
unfinished farm products transported in a single-unit vehicle with not more than three axles
or by a trailer towed by a farm tractor when the transportation is the first haul of the product.

Sec. 2.

Minnesota Statutes 2014, section 169.872, subdivision 1a, is amended to read:

Subd. 1a.

Limit on civil penalties.

A civil penalty for excessive weight under
section 169.871 may be imposed based on a record of a shipment under this section only if
a state law enforcement officer deleted text begin or motor transportation representative deleted text end : (1) has new text begin presented a
search warrant and new text end inspected and copied the record within 14 days of the date the shipment
was received by the person keeping the record; and (2) has assessed the penalty within 90
days of the date the officer or representative inspected and copied the record.