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SF 3545

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
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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, by adding
a subdivision; 168.013, subdivision 1e; 168.28; 168A.01, subdivision 21;
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 The commissioner of transportation shall adopt
rules concerning trunk highway and state-aid route roadway design standards to require
adherence to standards developed by the automobile insurance industry, in addition to
standards contained in Department of Transportation manuals, American Association of
State Highway and Transportation Officials manual on design of highways and streets, and
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.

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

(1) new text begin a new text end pickup deleted text begin trucks and vansdeleted text end new text begin truck or vannew text end , including deleted text begin those vansdeleted text end new text begin a vannew text end designed to
carry passengers, with a manufacturer's nominal rated carrying capacity of one ton; deleted text begin and
deleted text end

(2) new text begin a pickup truck or van with a manufacturer's nominal rated carrying capacity in
excess of one ton, unless the pickup truck or van is used in furtherance of a commercial
enterprise and subject to state or federal regulation as a commercial motor vehicle; and
new text end

new text begin (3) a new text end neighborhood electric deleted text begin vehiclesdeleted text end new text begin vehiclenew text end , as defined in section 169.01,
subdivision 91.

Sec. 3.

Minnesota Statutes 2006, section 168.011, is amended by adding a subdivision
to read:


new text begin Subd. 10a. new text end

new text begin Spotter truck. new text end

new text begin A "spotter truck" means any motor vehicle used
exclusively for the staging or shuttling of trailers in the course of operating 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 June 30, 2013.
 new text end

Sec. 4.

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 new text begin self-propellednew text end vehicle not designed or used deleted text begin primarilydeleted text end for the transportation of
persons or property and only incidentally operated or moved over a highway, deleted text begin includingdeleted text end
new text begin except vehicles described in paragraph (b). Special mobile equipment includes,new text end but
new text begin isnew text end not limited to: ditch-digging apparatuses, deleted text begin moving dollies, pump hoists and other
water well-drilling equipment registered under chapter 103I,deleted text end street-sweeping vehicles,
and deleted text begin otherdeleted text end new text begin road construction or road maintenance new text end machinery deleted text begin such as asphalt spreaders,
bituminous mixers, bucket loaders, tractors other than truck-tractors, ditchers, leveling
graders, finishing machines, motor graders, road rollers, scarifiers, truck-mounted log
loaders, earth-moving carryalls, scrapers, power shovels, draglines, self-propelled cranes,
and earth-moving equipmentdeleted 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 machinery that has
been temporarily or permanently mounted on a commercial motor vehicle chassis or
new text end dump trucksdeleted 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 attacheddeleted text end .

Sec. 5.

Minnesota Statutes 2006, section 168.013, subdivision 1e, is amended to read:


Subd. 1e.

Truck; tractor; combination; exceptions.

(a) On trucks and tractorsnew text begin ,
including spotter trucks, new text end except those new text begin trucks and tractors new text end in this chapter defined as
farm trucks, on truck-tractor and semitrailer combinations except those defined as farm
combinations, and on commercial zone vehicles, the tax based on total gross weight shall
be graduated according to the Minnesota base rate schedule prescribed in this subdivision,
but in no event less than $120.

Minnesota Base Rate Schedule

Scheduled taxes include five percent

surtax provided for in subdivision 14

TOTAL GROSS WEIGHT
IN POUNDS
 TAX
A
 0
 -
 1,500
 $ . 15
B
 1,501
 -
 3,000
 20
C
 3,001
 -
 4,500
 25
D
 4,501
 -
 6,000
 35
E
 6,001
 -
 9,000
 45
F
 9,001
 -
 12,000
 70
G
 12,001
 -
 15,000
 105
H
 15,001
 -
 18,000
 145
I
 18,001
 -
 21,000
 190
J
 21,001
 -
 26,000
 270
K
 26,001
 -
 33,000
 360
L
 33,001
 -
 39,000
 475
M
 39,001
 -
 45,000
 595
N
 45,001
 -
 51,000
 715
O
 51,001
 -
 57,000
 865
P
 57,001
 -
 63,000
 1015
Q
 63,001
 -
 69,000
 1185
R
 69,001
 -
 73,280
 1325
S
 73,281
 -
 78,000
 1595
T
 78,001
 -
 81,000
 1760

(b) For purposes of the Minnesota base rate schedule, for vehicles with six or more
axles in the "S" and "T" categories, the base rates are $1,520 and $1,620 respectively.

(c) For each vehicle with a gross weight in excess of 81,000 pounds an additional
tax of $50 is imposed for each ton or fraction thereof in excess of 81,000 pounds, subject
to subdivision 12.

(d) Truck-tractors except those herein defined as farm and commercial zone vehicles
shall be taxed in accord with the foregoing gross weight tax schedule on the basis of the
combined gross weight of the truck-tractor and any semitrailer or semitrailers which the
applicant proposes to combine with the truck-tractor.

(e) Commercial zone trucks include only trucks, truck-tractors, and semitrailer
combinations which are:

(1) used by an authorized local cartage carrier operating under a permit issued
under section 221.296 and whose gross transportation revenue consists of at least 60
percent obtained solely from local cartage carriage, and are operated solely within an area
composed of two contiguous cities of the first class and municipalities contiguous thereto
as defined by section 221.011, subdivision 17; or

(2) operated by an interstate carrier registered under section 221.60, or by an
authorized local cartage carrier or other carrier receiving operating authority under chapter
221, and operated solely within a zone exempt from regulation pursuant to United States
Code, title 49, section 13506.

(f) The license plates issued for commercial zone vehicles shall be plainly marked.
A person operating a commercial zone vehicle outside the zone or area in which its
operation is authorized is guilty of a misdemeanor and, in addition to the penalty therefor,
shall have the registration of the vehicle as a commercial zone vehicle revoked by the
registrar and shall be required to reregister the vehicle at 100 percent of the full annual tax
prescribed in the Minnesota base rate schedule, and no part of this tax shall be refunded
during the balance of the registration year.

(g) On commercial zone trucks the tax shall be based on the total gross weight of the
vehicle and during each of the first eight years of vehicle life shall be 75 percent of the
Minnesota base rate schedule. During the ninth and succeeding years of vehicle life the
tax shall be 50 percent of the Minnesota base rate schedule.

(h) On trucks, truck-tractors and semitrailer combinations, except those defined
as farm trucks and farm combinations, and except for those commercial zone vehicles
specifically provided for in this subdivision, the tax for each of the first eight years of
vehicle life shall be 100 percent of the tax imposed in the Minnesota base rate schedule,
and during the ninth and succeeding years of vehicle life, the tax shall be 75 percent of the
Minnesota base rate prescribed by this subdivision.

(i) For the purpose of registration, trailers coupled with a truck-tractor, semitrailer
combination are semitrailers.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and expires June 30, 2013.
 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 highwaysdeleted text end and which shall not be deemed to
be using the streets deleted text begin and highwaysdeleted text end within the meaning of this section) shall be deemed to
be one using the public streets deleted text begin and highwaysdeleted 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
highwaysdeleted 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 secondhanddeleted text end motor vehicles which have not theretofore used the public streets deleted text begin or
highwaysdeleted 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 highwaysdeleted text end . The driving or operating of a motor vehicle upon the public
streets deleted text begin or highwaysdeleted 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 highwaysdeleted 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 highwaysdeleted 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
highwaysdeleted text end , and thereafter such vehicle shall be deemed to be one using the public streets
deleted text begin and highwaysdeleted 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 highwaysdeleted 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
new text begin self-propelled new text end vehicle not designed or used deleted text begin primarilydeleted text end for the transportation of persons
or property and only incidentally operated or moved over a highway, deleted text begin includingdeleted text end new text begin except
vehicles described in paragraph (b). Special mobile equipment includes, new text end butnew text begin isnew text end not limited
to: ditch-digging apparatuses, deleted text begin well-boring apparatuses, moving dollies, sawing machines,
corn shellers,deleted text end new text begin street-sweeping vehicles, new text end and road construction deleted text begin anddeleted text end new text begin or roadnew text end maintenance
machinery deleted text begin such as 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
self-propelled cranes 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 attacheddeleted text end .

new text begin (b) "Special mobile equipment" does not include machinery that has been temporarily
or permanently mounted on a commercial motor vehicle chassis or dump trucks.
 new text end

Sec. 8.

new text begin [169.147] SPECIAL MOBILE EQUIPMENT.
 new text end

new text begin No person may drive special mobile equipment, within the meaning of section
168.011, subdivision 22:
 new text end

new text begin (1) at a speed greater than 30 miles per hour; or
 new text end

new text begin (2) without an escort vehicle or some other means of separating the special mobile
equipment from traffic on a public roadway.
 new text end

Sec. 9. 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
December 5, 2008.
 new text end