SF 3545

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

A bill for an act
relating to transportation; requiring commissioner of transportation to consider
insurance standards in road construction; reclassifying certain trucks and vans
for vehicle registration purposes; prescribing method of registration of spotter
trucks; modifying provisions relating to registration of special mobile equipment;
requiring study of complete streets policy; amending Minnesota Statutes 2006,
sections 162.02, by adding a subdivision; 168.011, subdivisions 7, 22; 168.012,
by adding a subdivision; 168.013, by adding a subdivision; 168.28; 168A.01,
subdivision 21; 168A.03, subdivision 1; 169.01, by adding a subdivision;
169.781, subdivisions 1, 2; proposing coding for new law in Minnesota Statutes,
chapter 169.

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

Section 1.

Minnesota Statutes 2006, section 162.02, is amended by adding a
subdivision to read:

new text begin Subd. 3b. new text end

new text begin Insurance standards. new text end

new text begin When reviewing data and information for the
development of safety improvements for trunk highways and state-aid projects, the
commissioner of transportation shall consider, among other things, the Insurance Institute
for Highway Safety's findings in addition to standards contained in Department of
Transportation manuals, the American Association of State Highway and Transportation
Officials' manual on design of highways and streets, and other applicable federal
publications.
new text end

Sec. 2.

Minnesota Statutes 2006, section 168.011, subdivision 7, is amended to read:

Subd. 7.

Passenger automobile.

(a) "Passenger automobile" means any motor
vehicle designed and used for carrying not more than 15 individuals, including the driver.

(b) "Passenger automobile" does not include motorcycles, motor scooters, buses,
school buses, or commuter vans as defined in section 168.126. new text begin A pickup truck or a van
with a gross vehicle weight rating of 9,000 pounds or more is not a passenger automobile,
except as provided in paragraph (c), clause (1).
new text end

(c) "Passenger automobile" includes, but is not limited to:

(1) deleted text begin pickup trucks and vans, including those vans designed to carry passengers, with
a manufacturer's nominal rated carrying capacity of one ton deleted text end new text begin a pickup truck or a van with a
gross vehicle weight rating of 9,000 to 12,500 pounds, that is not used in furtherance of a
commercial enterprise and is not subject to state or federal regulation as a commercial
motor vehicle new text end ; and

(2) neighborhood electric vehicles, as defined in section 169.01, subdivision 91.

Sec. 3.

Minnesota Statutes 2006, section 168.011, subdivision 22, is amended to read:

Subd. 22.

Special mobile equipment.

new text begin (a) new text end "Special mobile equipment" means every
vehicle not designed or used deleted text begin primarily deleted text end for the transportation of persons or property and
only incidentally operated or moved over a highway, deleted text begin including deleted text end new text begin except vehicles described
in paragraph (b). Special mobile equipment includes, new text end but new text begin is new text end not limited to: ditch-digging
apparatuses, deleted text begin moving dollies, deleted text end pump hoists and other water well-drilling equipment
registered new text begin and licensed new text end under chapter 103I, deleted text begin street-sweeping vehicles, deleted text end and deleted text begin other deleted text end new text begin road
construction or road maintenance new text end machinery such as deleted text begin asphalt spreaders, bituminous mixers,
bucket loaders, tractors other than truck-tractors, ditchers, leveling graders, finishing
machines, motor graders, road rollers, scarifiers, deleted text end truck-mounted log loaders deleted text begin , earth-moving
carryalls, scrapers, power shovels, draglines, self-propelled cranes, and earth-moving
equipment deleted text end new text begin that are used exclusively for commercial logging and self-propelled cranes new text end .
deleted text begin The term
deleted text end

new text begin (b) "Special mobile equipment" new text end does not include deleted text begin travel trailers, deleted text end new text begin : (1) machinery that
has been temporarily or permanently mounted on a commercial motor vehicle chassis
that is used only to provide a service and is not able to haul goods for resale; or (2) new text end
dump trucks deleted text begin , truck-mounted transit mixers, truck-mounted feed grinders, or other motor
vehicles designed for the transportation of persons or property to which machinery has
been attached deleted text end .

Sec. 4.

Minnesota Statutes 2006, section 168.012, is amended by adding a subdivision
to read:

new text begin Subd. 2c. new text end

new text begin Spotter trucks. new text end

new text begin Spotter trucks, as defined in section 169.01, subdivision
7a, shall not be taxed as motor vehicles using the public streets and highways, and shall be
exempt from the provisions of this chapter.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and expires on June 30, 2013.
new text end

Sec. 5.

Minnesota Statutes 2006, section 168.013, is amended by adding a subdivision
to read:

new text begin Subd. 2l. new text end

new text begin Permanently or temporarily mounted mobile equipment. new text end

new text begin The tax on
mobile equipment that has been permanently or temporarily mounted to a commercial
motor vehicle chassis and that is used only to provide a service and is not able to haul
goods for resale is 15 percent of the Minnesota base rate schedule. The mounted apparatus
must perform an off-road or off-pavement function.
new text end

Sec. 6.

Minnesota Statutes 2006, section 168.28, is amended to read:

168.28 VEHICLES SUBJECT TO TAX; EXCEPTIONS.

Every motor vehicle (except those exempted in section 168.012, and except those
which are being towed upon the streets deleted text begin and highways deleted text end and which shall not be deemed to
be using the streets deleted text begin and highways deleted text end within the meaning of this section) shall be deemed to
be one using the public streets deleted text begin and highways deleted text end and hence as such subject to taxation under
this chapter if such motor vehicle has since April 23, 1921, used such public streets deleted text begin or
highways deleted text end , or shall actually use them, or if it shall come into the possession of an owner
other than as a manufacturer, dealer, warehouse operator, mortgagee or pledgee. New and
unused motor vehicles in the possession of a dealer solely for the purpose of sale, and
used deleted text begin or secondhand deleted text end motor vehicles which have not theretofore used the public streets deleted text begin or
highways deleted text end of this state which are in the possession of a dealer solely for the purpose of sale
and which are duly listed as herein provided, shall not be deemed to be vehicles using the
public streets deleted text begin or highways deleted text end . The driving or operating of a motor vehicle upon the public
streets deleted text begin or highways deleted text end of this state by a motor vehicle dealer or any employee of such motor
vehicle dealer for demonstration purposes or for any purpose incident to the usual and
customary conduct and operation of the business in which licensed under section 168.27
to engage, or solely for the purpose of moving it from points outside or within the state
to the place of business or storage of a licensed dealer within the state or solely for the
purpose of moving it from the place of business of a manufacturer, or licensed dealer
within the state to the place of business or residence of a purchaser outside the state, shall
not be deemed to be using the public streets deleted text begin or highways deleted text end in the state within the meaning
of this chapter or of the Constitution of the state of Minnesota, article XIV, and shall not
be held to make the motor vehicle subject to taxation under this chapter as one using the
public streets deleted text begin or highways deleted text end , if during such driving or moving the dealer's plates herein
provided for shall be duly displayed upon such vehicle. Any dealer or distributor may
register a motor vehicle prior to its assessment or taxation as personal property, and pay
the license fee and tax thereon for the full calendar year as one using the public streets deleted text begin and
highways deleted text end , and thereafter such vehicle shall be deemed to be one using the public streets
deleted text begin and highways deleted text end and shall not be subject to assessment or taxation as personal property
during the calendar year for which it is so registered, whether or not such vehicle shall
actually have used the streets deleted text begin or highways deleted text end . new text begin Special mobile equipment is subject to a
penalty equal to the tax due under this chapter for the full registration year if it is used to
transport persons or property at any time using the public streets. new text end

Sec. 7.

Minnesota Statutes 2006, section 168A.01, subdivision 21, is amended to read:

Subd. 21.

Special mobile equipment.

new text begin (a) new text end "Special mobile equipment" means every
vehicle not designed or used deleted text begin primarily deleted text end for the transportation of persons or property and
only incidentally operated or moved over a highway, deleted text begin including deleted text end new text begin except vehicles described
in paragraph (b). Special mobile equipment includes, new text end but new text begin is new text end not limited to: ditch-digging
apparatuses, well-boring apparatuses, deleted text begin moving dollies, sawing machines, corn shellers, deleted text end
and road construction deleted text begin and deleted text end new text begin or road new text end maintenance machinery such as deleted text begin asphalt spreaders,
bituminous mixers, bucket loaders, tractors other than truck-tractors, ditchers, leveling
graders, finishing machines, motor graders, road rollers, scarifiers, earth-moving carryalls
and scrapers, power shovels and draglines, and deleted text end self-propelled cranes deleted text begin and earth-moving
equipment. The term does not include travel trailers, dump trucks, truck-mounted transit
mixers, truck-mounted feed grinders, or other vehicles designed for the transportation of
persons or property to which machinery has been attached deleted text end .

new text begin (b) "Special mobile equipment" does not include: (1) machinery that has been
temporarily or permanently mounted on a commercial motor vehicle chassis that is used
only to provide a service and is not able to haul goods for resale; or (2) dump trucks.
new text end

Sec. 8.

Minnesota Statutes 2006, section 168A.03, subdivision 1, is amended to read:

Subdivision 1.

No certificate issued.

The registrar shall not issue a certificate of
title for:

(1) a vehicle owned by the United States;

(2) a vehicle owned by a nonresident and not required by law to be registered in
this state;

(3) a vehicle owned by a nonresident and regularly engaged in the interstate
transportation of persons or property for which a currently effective certificate of title
has been issued in another state;

(4) a vehicle moved solely by animal power;

(5) an implement of husbandry;

(6) special mobile equipment;

(7) a self-propelled wheelchair or invalid tricycle;

(8) a trailer (i) having a gross weight of 4,000 pounds or less unless a secured party
holds an interest in the trailer or a certificate of title was previously issued by this state or
any other state or (ii) designed primarily for agricultural purposes except a recreational
vehicle or a manufactured home, both as defined in section 168.011, subdivisions 8 and 25;

(9) a snowmobile new text begin ; and
new text end

new text begin (10) a spotter truck, as defined in section 169.01, subdivision 7a new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and expires on June 30, 2013.
new text end

Sec. 9.

Minnesota Statutes 2006, section 169.01, is amended by adding a subdivision
to read:

new text begin Subd. 7a. new text end

new text begin Spotter truck. new text end

new text begin "Spotter truck" means a truck-tractor with a manufacturer's
certification of origin "not for on-road use" specification, used exclusively for staging or
shuttling trailers in the course of a truck freight operation or freight shipping operation.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and expires on June 30, 2013.
new text end

Sec. 10.

new text begin [169.228] SPOTTER TRUCKS.
new text end

new text begin Notwithstanding any other law, a spotter truck may be operated on public streets
and highways if:
new text end

new text begin (1) the operator has a valid class B, C, or A driver's license;
new text end

new text begin (2) the vehicle complies with the size, weight, and load restrictions under this
chapter;
new text end

new text begin (3) the vehicle meets all inspection requirements under section 169.781; and
new text end

new text begin (4) the vehicle is operated within a zone of two air miles from the truck freight
operation or freight shipping operation where the vehicle is housed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and expires on June 30, 2013.
new text end

Sec. 11.

Minnesota Statutes 2006, section 169.781, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

For purposes of sections 169.781 to 169.783:

(a) "Commercial motor vehicle" means:

(1) a commercial motor vehicle as defined in section 169.01, subdivision 75,
paragraph (a); deleted text begin and deleted text end

(2) each vehicle in a combination of more than 26,000 pounds new text begin ; and
new text end

new text begin (3) a spotter truck new text end .

"Commercial motor vehicle" does not include (1) a school bus or Head Start bus
displaying a certificate under section 169.451, (2) a bus operated by the Metropolitan
Council or by a local transit commission created in chapter 458A, or (3) a motor vehicle
that is required to be placarded under Code of Federal Regulations, title 49, parts 100-185.

(b) "Commissioner" means the commissioner of public safety.

(c) "Owner" means a person who owns, or has control, under a lease of more than 30
days' duration, of one or more commercial motor vehicles.

(d) "Storage semitrailer" means a semitrailer that (1) is used exclusively to store
property at a location not on a street or highway, (2) does not contain any load when
moved on a street or highway, (3) is operated only during daylight hours, and (4) is marked
on each side of the semitrailer "storage only" in letters at least six inches high.

(e) "Building mover vehicle" means a vehicle owned or leased by a building mover
as defined in section 221.81, subdivision 1, paragraph (a), and used exclusively for
moving buildings.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and expires on June 30, 2013.
new text end

Sec. 12.

Minnesota Statutes 2006, section 169.781, subdivision 2, is amended to read:

Subd. 2.

Inspection required.

It is unlawful for a person to operate or permit
the operation of:

(1) a commercial motor vehicle registered in Minnesota new text begin or a spotter truck new text end ; or

(2) special mobile equipment as defined in section 168.011, subdivision 22, and
which is self-propelled, if it is mounted on a commercial motor vehicle chassis,

unless the vehicle displays a valid safety inspection decal issued by an inspector certified
by the commissioner, or the vehicle carries (1) proof that the vehicle complies with
federal motor vehicle inspection requirements for vehicles in interstate commerce, and
(2) a certificate of compliance with federal requirements issued by the commissioner
under subdivision 9.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and expires on June 30, 2013.
new text end

Sec. 13. new text begin COMPLETE STREETS.
new text end

new text begin The commissioner of transportation, in cooperation with the Metropolitan Council
and representatives of counties, statutory and home rule charter cities, and towns, shall
study the benefits, feasibility, and cost of adopting a complete streets policy applicable to
plans to construct, reconstruct, and relocate streets and roads that includes the following
elements:
new text end

new text begin (1) safe access for all users, including pedestrians, bicyclists, motorists, and transit
riders;
new text end

new text begin (2) bicycle and pedestrian ways in urbanized areas except where bicyclists and
pedestrians are prohibited by law, where costs would be excessively disproportionate, and
where there is no need for bicycle and pedestrian ways;
new text end

new text begin (3) paved shoulders on rural roads;
new text end

new text begin (4) safe pedestrian travel, including for people with disabilities, on sidewalks and
street crossings;
new text end

new text begin (5) utilization of the latest and best design standards; and
new text end

new text begin (6) consistency of complete streets plan with community context.
new text end

new text begin The commissioner shall report findings, conclusions, and recommendations to
the senate Transportation Budget and Policy Division and the house of representatives
Transportation Finance Division and Transportation and Transit Policy Subcommittee by
January 15, 2010.
new text end