Minnesota Legislature
HF 1725
2nd Engrossment - 90th Legislature (2017 - 2018) Posted on 02/20/2018 01:14pm
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 02/27/2017 | |
| 1st Engrossment | Posted on 05/12/2017 | |
| 2nd Engrossment | Posted on 05/20/2017 |
| Conference Committee Reports | ||
|---|---|---|
| CCR-HF1725 | Posted on 05/18/2017 |
Current Version - 2nd Engrossment
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A bill for an act
relating to motor vehicles; amending certain weight limitations for vehicles
transporting milk; amending Minnesota Statutes 2016, section 169.871, subdivision
1; proposing coding for new law in Minnesota Statutes, chapter 169.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
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[169.8295] WEIGHT LIMITS; VEHICLES TRANSPORTING MILK.
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new text begin Subdivision 1. new text end
new text begin Weight limits increase. new text end
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(a) The weight limitations under sections 169.823
to 169.829 are increased by ten percent for a single-unit vehicle transporting fluid milk from
the point of production to (1) another point of production for additional loading, or (2) the
point of first processing.
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(b) Notwithstanding sections 169.824, subdivision 1, paragraph (d); 169.826, subdivision
3; or other law to the contrary, a permit is not required to operate a vehicle under this section.
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(c) The seasonal weight increases under section 169.826, subdivision 1, do not apply to
a vehicle operated under this section.
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new text begin Subd. 2. new text end
new text begin Requirements; restrictions. new text end
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A vehicle operated under this section:
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(1) is subject to seasonal load restrictions under section 169.87, except as otherwise
provided under section 169.87, subdivision 4;
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(2) is subject to bridge load limits posted under section 169.84; and
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(3) must not be operated with a load that exceeds the tire manufacturer's recommended
load, the manufacturer's gross vehicle weight rating as affixed to the vehicle, or other
certification of gross vehicle weight rating under Code of Federal Regulations, title 49,
sections 567.4 to 567.7.
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new text begin EFFECTIVE DATE. new text end
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This section is effective the day following final enactment.
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Sec. 2.
Minnesota Statutes 2016, section 169.871, subdivision 1, is amended to read:
Subdivision 1.
Civil liability.
(a) The owner or lessee of a vehicle that is operated with
a gross weight in excess of a weight limit imposed under sections 169.823 to deleted text begin 169.829deleted text end new text begin
169.8295new text end , 169.84 to 169.851, and 169.87 or a shipper who ships or tenders goods for
shipment in a single truck or combination vehicle that exceeds a weight limit imposed under
sections 169.823 to deleted text begin 169.829deleted text end new text begin 169.8295new text end , 169.84 to 169.851, and 169.87 is liable for a civil
penalty as follows:
(1) if the total gross excess weight is not more than 1,000 pounds, one cent per pound
for each pound in excess of the legal limit;
(2) if the total gross excess weight is more than 1,000 pounds but not more than 3,000
pounds, $10 plus five cents per pound for each pound in excess of 1,000 pounds;
(3) if the total gross excess weight is more than 3,000 pounds but not more than 5,000
pounds, $110 plus ten cents per pound for each pound in excess of 3,000 pounds;
(4) if the total gross excess weight is more than 5,000 pounds but not more than 7,000
pounds, $310 plus 15 cents per pound for each pound in excess of 5,000 pounds;
(5) if the total gross excess weight is more than 7,000 pounds, $610 plus 20 cents per
pound for each pound in excess of 7,000 pounds.
(b) Notwithstanding any other law to the contrary, if a person found guilty of a violation
of a weight limit imposed under this section or sections 169.823 to deleted text begin 169.829deleted text end new text begin 169.8295new text end ,
169.84 to 169.851, or 169.87 is also found by the court to have knowingly and
contemporaneously attempted to evade a fixed weigh station or to otherwise avoid weighing
by means of stationary scales under section 169.85 or other law, the court deleted text begin shalldeleted text end new text begin mustnew text end impose
a penalty of twice the amount otherwise authorized under paragraph (a).
(c) Any penalty imposed upon a defendant under this subdivision deleted text begin shalldeleted text end new text begin mustnew text end not exceed
the penalty prescribed by this subdivision. Any fine paid by the defendant in a criminal
overweight action that arose from the same overweight violation deleted text begin shall bedeleted text end new text begin isnew text end applied toward
payment of the civil penalty under this subdivision. A peace officer or Department of Public
Safety employee described in section 299D.06 who cites a driver for a violation of the
weight limitations established by sections 169.81 to 169.851 and 169.87 deleted text begin shalldeleted text end new text begin mustnew text end give
written notice to the driver that the driver or another may also be liable for the civil penalties
provided herein in the same or separate proceedings.
(d) A penalty imposed upon the owner or lessee of a vehicle that is based on violations
identified by the use of shippers' weight records under section 169.872 must not exceed an
aggregate of $10,000.
new text begin EFFECTIVE DATE. new text end
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This section is effective the day following final enactment.
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