Minnesota Legislature
SF 3564
as introduced - 90th Legislature (2017 - 2018) Posted on 03/20/2018 09:09am
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A bill for an act
relating to motor vehicles; modifying powers and duties related to weight limit
enforcement; making technical changes; amending Minnesota Statutes 2016,
sections 169.771, subdivision 2; 169.85, by adding subdivisions; 169.872,
subdivision 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2016, section 169.771, subdivision 2, is amended to read:
Subd. 2.
Inspection by state trooper.
(a) The commissioner of public safety deleted text begin is directed
to acceleratedeleted text end new text begin may conductnew text end spot-check inspections for unsafe motor vehicles and motor
vehicle equipment. Such inspections deleted text begin shalldeleted text end new text begin mustnew text end be conducted by deleted text begin the personnel of thedeleted text end State
Patrolnew text begin personnel,new text end who deleted text begin shalldeleted text end new text begin mustnew text end give the operator of a commercial motor vehicle a signed
and dated document as evidence of the inspection.
(b) deleted text begin However, personnel of thedeleted text end State Patrol deleted text begin may not conductdeleted text end new text begin personnel are prohibited
from conducting new text end another spot inspection of a commercial motor vehicle if (1) the operator
of the vehicle can show evidence of an inspection, which is free of critical defects, conducted
in Minnesota according to this section or section 169.781 within the previous 90 days and
(2) a state trooper does not have probable cause to believe the vehicle or its equipment is
unsafe or that the operator has engaged in illegal activity. In addition, if the operator shows
the state trooper evidence that the commercial motor vehicle has been inspected within the
previous 90 days, but the officer has probable cause to believe the vehicle or its equipment
is unsafe or to suspect illegal activity, then the vehicle may be inspected to confirm the
existence or absence of an unsafe condition or of the suspected illegal activity.
(c) A vehicle stopped under this section and determined to be a covered farm vehicle as
defined in Code of Federal Regulations, title 49, section 390.5, and not carrying hazardous
materials of a type or quantity that requires the vehicle to be placarded in accordance with
Code of Federal Regulations, title 49, section 172.504, is exempt from further inspection
under this section. deleted text begin If probable cause exists to believe the vehicle or its equipment is unsafe
or illegal activity is suspected, enforcement action may be initiated.
deleted text end
Sec. 2.
Minnesota Statutes 2016, section 169.85, is amended by adding a subdivision to
read:
new text begin Subd. 1a. new text end
new text begin Authority to perform weight inspections. new text end
new text begin
(a) The commissioner of public
safety may conduct an inspection of commercial motor vehicle weight only with probable
cause or incident to a lawful traffic stop. To demonstrate probable cause, an officer must
reasonably believe:
new text end
new text begin
(1) the vehicle or equipment is overweight; or
new text end
new text begin
(2) the operator of the vehicle has engaged in illegal activity.
new text end
new text begin
(b) Transportation of a specific type of agricultural product is not by itself sufficient to
support an officer's probable cause determination to support conducting an inspection.
new text end
Sec. 3.
Minnesota Statutes 2016, section 169.85, is amended by adding a subdivision to
read:
new text begin Subd. 1c. new text end
new text begin Weight enforcement operations. new text end
new text begin
(a) An officer is prohibited from:
new text end
new text begin
(1) conducting a weight inspection under this section on private property; or
new text end
new text begin
(2) within two miles of a fixed scale located on private property, conducting a weight
inspection or directing the operator of a commercial motor vehicle to drive the vehicle to
the nearest available scale for a weight inspection.
new text end
new text begin
(b) Outside of a metropolitan county, as defined in section 473.121, subdivision 4, the
commissioner of public safety is prohibited from conducting a weight enforcement saturation
operation that makes use of state troopers or other authorized State Patrol personnel from
multiple State Patrol districts.
new text end
Sec. 4.
Minnesota Statutes 2016, section 169.872, subdivision 1, is amended to read:
Subdivision 1.
Record keeping.
new text begin (a) new text end 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 deleted text begin shalldeleted text end new text begin mustnew text end be retained
for 14 days deleted text begin and shalldeleted text end new text begin .
new text end
new text begin (b) Subject to this paragraph, the record under paragraph (a) mustnew text end be open to inspection
and copying by a state law enforcement officer or motor transport representative, except
state conservation officers, upon demand. deleted text begin Nodeleted text end new text begin Anew text end search warrant is required to inspect or
copy the record.
new text begin (c)new text end This subdivision does not apply tonew text begin :
new text end
new text begin (1)new text end a person weighing goods who is not involved in the shipping, receiving, and
transporting of those goodsdeleted text begin ,deleted text end new text begin ;new text end or
deleted text begin todeleted text end new text begin (2)new text end a person weighing raw and unfinished farm products transported in a single-unit
vehicle deleted text begin with not more than three axlesdeleted text end or by a trailer towed by a farm tractor when the
transportation is the first haul of the product.
Sec. 5. new text begin REVISOR'S INSTRUCTION.
new text end
new text begin
The revisor of statutes shall recodify (1) Minnesota Statutes, section 169.85, subdivision
1, paragraphs (a) to (c), as Minnesota Statutes, section 169.85, subdivision 1b; and (2)
Minnesota Statutes, section 169.85, subdivision 1, paragraph (d), as Minnesota Statutes,
section 169.85, subdivision 1c, paragraph (a). The revisor shall reletter the paragraphs in
sequence and correct any cross-references in Minnesota Statutes and Minnesota Rules made
necessary by this recodification.
new text end