SF 3502

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to traffic regulations; modifying provisions regulating farm vehicles
on highways; providing for size, weight, and load restrictions on highways;
amending Minnesota Statutes 2006, sections 169.01, subdivision 55; 169.18,
subdivision 5; 169.67, subdivision 3; 169.801; 169.82, subdivision 3; 169.826,
subdivision 1a; repealing Minnesota Statutes 2006, section 169.145.

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

Section 1.

Minnesota Statutes 2006, section 169.01, subdivision 55, is amended to read:

Subd. 55.

Implement of husbandry.

"Implement of husbandry" deleted text begin has the meaning
given in section 168A.01, subdivision 8 deleted text end new text begin means a self-propelled or towed vehicle designed
or adapted to be used exclusively for timber-harvesting, agricultural, horticultural, or
livestock-raising operations new text end .

Sec. 2.

Minnesota Statutes 2006, section 169.18, subdivision 5, is amended to read:

Subd. 5.

Driving left of roadway center; exception.

(a) No vehicle shall be driven
to the left side of the center of the roadway in overtaking and passing another vehicle
proceeding in the same direction unless such left side is clearly visible and is free of
oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to
be completely made without interfering with the safe operation of any vehicle approaching
from the opposite direction or any vehicle overtaken. In every event the overtaking
vehicle must return to the right-hand side of the roadway before coming within 100 feet
of any vehicle approaching from the opposite direction.

(b) Except on a one-way roadway or as provided in paragraph (c), no vehicle shall,
in overtaking and passing another vehicle or at any other time, be driven to the left half of
the roadway under the following conditions:

(1) when approaching the crest of a grade or upon a curve in the highway where the
driver's view along the highway is obstructed within a distance of 700 feet;

(2) when approaching within 100 feet of any underpass or tunnel, railroad grade
crossing, intersection within a city, or intersection outside of a city if the presence of the
intersection is marked by warning signs; or

(3) where official signs are in place prohibiting passing, or a distinctive centerline
is marked, which distinctive line also so prohibits passing, as declared in the Manual on
Uniform Traffic Control Devices adopted by the commissioner.

deleted text begin (c) Paragraph (b) does not apply to a self-propelled or towed implement of
husbandry that (1) is escorted at the front by a registered motor vehicle that is displaying
vehicular hazard warning lights visible to the front and rear in normal sunlight, and (2)
does not extend into the left half of the roadway to any greater extent than made necessary
by the total width of the right half of the roadway together with any adjacent shoulder
that is suitable for travel.
deleted text end

deleted text begin (d) Paragraph (b) does not apply to a self-propelled or towed implement of
husbandry that is operated to the left half of the roadway if such operation is not to a
greater extent than is necessary to avoid collision with a parked vehicle, sign, or other
stationary object located on the highway right-of-way.
deleted text end

Sec. 3.

Minnesota Statutes 2006, section 169.67, subdivision 3, is amended to read:

Subd. 3.

Trailer, semitrailer.

(a) No trailer or semitrailer with a gross weight of
3,000 or more pounds, or a gross weight that exceeds the empty weight of the towing
vehicle, may be drawn on a highway unless it is equipped with brakes that are adequate
to control the movement of and to stop and hold the trailer or semitrailer. A surge brake
on a trailer or semitrailer meets the requirement of this paragraph for brakes adequate
to stop and hold the trailer or semitrailer.

(b) No trailer or semitrailer that is required to have brakes and that has a gross
weight of more than 6,000 pounds may be drawn on a highway unless it is equipped
with brakes that are so constructed that they are adequate to stop and hold the trailer or
semitrailer whenever it becomes detached from the towing vehicle.

(c) Except as provided in paragraph (d), paragraph (a) does not apply to:

(1) deleted text begin a trailer used by a farmer while transporting farm products produced on the user's
farm, or supplies back to the farm of the trailer's user;
deleted text end

deleted text begin (2) deleted text end a towed custom service vehicle drawn by a motor vehicle that is equipped with
brakes that meet the standards of subdivision 5, provided that such a towed custom service
vehicle that exceeds 30,000 pounds gross weight may not be drawn at a speed of more
than 45 miles per hour;

deleted text begin (3) a trailer or semitrailer operated or used by retail dealers of implements of
husbandry while engaged exclusively in the delivery of implements of husbandry;
deleted text end

deleted text begin (4) deleted text end new text begin (2) new text end a motor vehicle drawn by another motor vehicle that is equipped with brakes
that meet the standards of subdivision 5; new text begin and
new text end

deleted text begin (5) a tank trailer of not more than 12,000 pounds gross weight owned by a distributor
of liquid fertilizer while engaged exclusively in transporting liquid fertilizer, or gaseous
fertilizer under pressure;
deleted text end

deleted text begin (6) a trailer of not more than 12,000 pounds gross weight owned by a distributor of
dry fertilizer while engaged exclusively in the transportation of dry fertilizer; and
deleted text end

deleted text begin (7) deleted text end new text begin (3) new text end a disabled vehicle while being towed to a place of repair.

(d) Vehicles described in paragraph (c), deleted text begin clauses (1), (3), and (4) deleted text end new text begin clause (2) new text end , may be
operated without complying with paragraph (a) only if the trailer or semitrailer does
not exceed the following gross weights:

(1) 3,000 pounds while being drawn by a vehicle registered as a passenger
automobile, other than a pickup truck as defined in section 168.011, subdivision 29;

(2) 12,000 pounds while being drawn by any other motor vehicle deleted text begin except a
self-propelled implement of husbandry deleted text end .

Sec. 4.

Minnesota Statutes 2006, section 169.801, is amended to read:

169.801 IMPLEMENT OF HUSBANDRY.

Subdivision 1.

Exemption from size, weight, load provisions.

Except as provided
in this section and section 169.82, the provisions of sections 169.80 to 169.88 that govern
size, weight, and load do not apply to deleted text begin : deleted text end

deleted text begin (1) a horse-drawn wagon while carrying a load of loose straw or hay;
deleted text end

deleted text begin (2) a specialized vehicle resembling a low-slung trailer having a short bed or
platform, while transporting one or more implements of husbandry; or
deleted text end

deleted text begin (3) deleted text end an implement of husbandry deleted text begin while being driven or towed at a speed of not
more than 30 miles per hour; provided that this exemption applies to an implement of
husbandry owned, leased, or under the control of a farmer or implement dealer only
while the implement of husbandry is being operated on noninterstate roads or highways
within 75 miles of any farmland or implement dealership: (i) owned, leased, or operated
by the farmer or implement dealer and (ii) on which the farmer or implement dealer
regularly uses or sells or leases the implement of husbandry deleted text end new text begin while operated in compliance
with this section new text end .

Subd. 2.

Weight deleted text begin per inch of tire width deleted text end new text begin restrictions new text end .

new text begin (a) new text end An implement of
husbandry that is not self-propelled and is equipped with pneumatic tires may not be
operated on a public highway with a maximum wheel load that exceeds deleted text begin 600 pounds
per inch of tire width before August 1, 1996, and deleted text end 500 pounds per inch of tire width deleted text begin on
and after August 1, 1996 deleted text end new text begin .
new text end

new text begin (b) After December 31, 2009, a person operating or towing an implement of
husbandry on a bridge must comply with the gross weight limitations provided in section
169.824 new text end .

Subd. 3.

Hitches.

A towed implement of husbandry must be equipped with (1)
safety chains that meet the requirements of section 169.82, subdivision 3, paragraph
(b); (2) a regulation fifth wheel and kingpin assembly approved by the commissioner of
public safety; or (3) a hitch pin or other hitching device with a retainer that prevents
accidental unhitching.

new text begin Subd. 4. new text end

new text begin Bridge posting. new text end

new text begin Despite subdivision 2, a person operating or towing
an implement of husbandry must comply with a sign that limits the maximum weight
allowed on a bridge.
new text end

new text begin Subd. 5. new text end

new text begin Height and width. new text end

new text begin A person operating, towing, or transporting an
implement of husbandry that is higher than 13 feet six inches or wider than allowed under
section 169.80, subdivision 2, must ensure that the operation or transportation does not
damage a highway structure, utility line or structure, or other fixture adjacent to or over
a public highway.
new text end

new text begin Subd. 6. new text end

new text begin Speed. new text end

new text begin No person may operate or tow an implement of husbandry at
a speed of more than 30 miles per hour.
new text end

new text begin Subd. 7. new text end

new text begin Driving rules. new text end

new text begin (a) An implement of husbandry may not be operated or
towed on an interstate highway.
new text end

new text begin (b) An implement of husbandry may be operated or towed to the left of the center
of a roadway only if it is escorted at the front by a vehicle displaying hazard warning
lights visible in normal sunlight and the operation does not extend into the left half of the
roadway more than is necessary.
new text end

new text begin Subd. 8. new text end

new text begin Lights. new text end

new text begin An implement of husbandry must be equipped with lights that
comply with section 169.55, subdivisions 2 and 3.
new text end

new text begin Subd. 9. new text end

new text begin Slow moving vehicle emblem. new text end

new text begin An implement of husbandry must comply
with section 169.522.
new text end

new text begin Subd. 10. new text end

new text begin Brakes. new text end

new text begin Notwithstanding section 169.67:
new text end

new text begin (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.
new text end

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

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

new text begin (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
new text end

new text begin (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 168.011,
subdivision 29.
new text end

new text begin (c) If a towed implement of husbandry with a gross vehicle weight of more than
6,000 pounds is required under paragraph (b) to have brakes, it must also have brakes
adequate to stop and hold it if it becomes detached from the towing vehicle.
new text end

Sec. 5.

Minnesota Statutes 2006, section 169.82, subdivision 3, is amended to read:

Subd. 3.

Hitch, chain, or cable.

(a) Every trailer or semitrailer must be hitched to
the towing motor vehicle by a device approved by the commissioner of public safety.

(b) Every trailer and semitrailer must be equipped with safety chains or cables
permanently attached to the trailer except in cases where the coupling device is a
regulation fifth wheel and kingpin assembly approved by the commissioner of public
safety. In towing, the chains or cables must be attached to the vehicles near the points of
bumper attachments to the chassis of each vehicle, and must be of sufficient strength to
control the trailer in the event of failure of the towing device. The length of chain or cable
must be no more than necessary to permit free turning of the vehicles. A minimum fine
of $25 must be imposed for a violation of this paragraph.

(c) This subdivision does not apply to towed implements of husbandry.

(d) No person may be charged with a violation of this section solely by reason of
violating a maximum speed prescribed in section deleted text begin 169.145 or deleted text end 169.67 new text begin or 169.801 new text end .

Sec. 6.

Minnesota Statutes 2006, section 169.826, subdivision 1a, is amended to read:

Subd. 1a.

Harvest season increase amount.

The limitations provided in sections
169.822 to 169.829 are increased by ten percent from the beginning of harvest to
November 30 each year for the movement of sugar beets, carrots, and potatoes from the
field of harvest to the point of the first unloading. Transfer of the product from a farm
vehicle or small farm trailer, within the meaning of chapter 168, to another vehicle is not
considered to be the first unloading. new text begin A permit issued under section 169.86, subdivision 1,
paragraph (a), is required. new text end The commissioner shall not issue permits under this subdivision
if to do so will result in a loss of federal highway funding to the state.

Sec. 7. new text begin INFRASTRUCTURE ADAPTATIONS.
new text end

new text begin The commissioner of transportation shall investigate and recommend opportunities
for infrastructure adaptations to accommodate the implementation of manure application
technologies that lessen impacts on roads and bridges.
new text end

Sec. 8. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2006, section 169.145, new text end new text begin is repealed.
new text end