Minnesota Legislature
SF 1121
as introduced - 87th Legislature (2011 - 2012) Posted on 02/23/2012 09:50am
Current Version - as introduced
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A bill for an act
relating to transportation; modifying provisions relating to overweight vehicle
permits; modifying provision governing medical waiver to operate commercial
vehicle in intrastate commerce; removing obsolete language and making
clarifying changes; amending Minnesota Statutes 2010, sections 169.86,
subdivisions 4, 5; 221.0314, subdivision 3a.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2010, section 169.86, subdivision 4, is amended to read:
Subd. 4.
Display and inspection of permit.
deleted text begin Every suchdeleted text end new text begin Anew text end permit deleted text begin shalldeleted text end new text begin mustnew text end be
carried in the vehicle or combination of vehicles to which it refers and deleted text begin shalldeleted text end new text begin mustnew text end be open
to inspection by any deleted text begin policedeleted text end new text begin peacenew text end officer or authorized agent of any authority granting
deleted text begin suchdeleted text end new text begin thenew text end permitdeleted text begin , anddeleted text end new text begin . A permit may be carried in electronic format if it is easily read.new text end No
person shall violate any of the terms or conditions of deleted text begin suchdeleted text end new text begin anew text end special permit.
Sec. 2.
Minnesota Statutes 2010, section 169.86, subdivision 5, is amended to read:
Subd. 5.
Fees; proceeds deposited; appropriation.
The commissioner, with
respect to highways under the commissioner's jurisdiction, may charge a fee for each
permit issued. All deleted text begin suchdeleted text end fees for permits issued by the commissioner of transportation deleted text begin shalldeleted text end new text begin
mustnew text end be deposited in the state treasury and credited to the trunk highway fund. Except
for those annual permits for which the permit fees are specified elsewhere in this chapter,
the fees deleted text begin shall bedeleted text end new text begin arenew text end :
(a) $15 for each single trip permit.
(b) $36 for each job permit. A job permit may be issued for like loads carried on
a specific route for a period not to exceed two months. "Like loads" means loads of the
same product, weight, and dimension.
(c) $60 for an annual permit to be issued for a period not to exceed 12 consecutive
months. Annual permits may be issued for:
(1) motor vehicles used to alleviate a temporary crisis adversely affecting the safety
or well-being of the public;
(2) motor vehicles deleted text begin whichdeleted text end new text begin thatnew text end travel on interstate highways and carry loads
authorized under subdivision 1a;
(3) motor vehicles operating with gross weights authorized under section 169.826,
subdivision 1a;
(4) special pulpwood vehicles described in section 169.863;
(5) motor vehicles bearing snowplow blades not exceeding ten feet in width;
(6) noncommercial transportation of a boat by the owner or user of the boat;
(7) motor vehicles carrying bales of agricultural products authorized under section
169.862; and
(8) special milk-hauling vehicles authorized under section 169.867.
(d) $120 for an oversize annual permit to be issued for a period not to exceed 12
consecutive months. Annual permits may be issued for:
(1) mobile cranes;
(2) construction equipment, machinery, and supplies;
(3) manufactured homes and manufactured storage buildings;
(4) implements of husbandry;
(5) double-deck buses;
(6) commercial boat hauling;
(7) three-vehicle combinations consisting of two empty, newly manufactured trailers
for cargo, horses, or livestock, not to exceed 28-1/2 feet per trailer; provided, however,
the permit allows the vehicles to be moved from a trailer manufacturer to a trailer dealer
only while operating on twin-trailer routes designated under section 169.81, subdivision 3,
paragraph (c); and
(8) vehicles operating on that portion of marked Trunk Highway 36 described in
section 169.81, subdivision 3, paragraph (e).
(e) For vehicles deleted text begin whichdeleted text end new text begin thatnew text end have axle weights exceeding the weight limitations of
sections 169.823 to 169.829, an additional cost added to the fees listed above. However,
this paragraph applies to any vehicle described in section 168.013, subdivision 3,
paragraph (b), but only when the vehicle exceeds its gross weight allowance set forth in
that paragraph, and then the additional cost is for all weight, including the allowance
weight, in excess of the permitted maximum axle weight. The additional cost is equal
to the product of the distance traveled times the sum of the overweight axle group cost
factors shown in the following chart:
| Overweight Axle Group Cost Factors |
||||||
| Weight (pounds) |
Cost Per Mile For Each Group Of: |
|||||
| exceeding weight limitations on axles |
Two consecutive axles spaced within 8 feet or less |
Three consecutive axles spaced within 9 feet or less |
Four consecutive axles spaced within 14 feet or less |
|||
| 0-2,000 |
.12 |
.05 |
.04 |
|||
| 2,001-4,000 |
.14 |
.06 |
.05 |
|||
| 4,001-6,000 |
.18 |
.07 |
.06 |
|||
| 6,001-8,000 |
.21 |
.09 |
.07 |
|||
| 8,001-10,000 |
.26 |
.10 |
.08 |
|||
| 10,001-12,000 |
.30 |
.12 |
.09 |
|||
| 12,001-14,000 |
Not permitted |
.14 |
.11 |
|||
| 14,001-16,000 |
Not permitted |
.17 |
.12 |
|||
| 16,001-18,000 |
Not permitted |
.19 |
.15 |
|||
| 18,001-20,000 |
Not permitted |
Not permitted |
.16 |
|||
| 20,001-22,000 |
Not permitted |
Not permitted |
.20 |
|||
The amounts added are rounded to the nearest cent for each axle or axle group. The
additional cost does not apply to paragraph (c), clauses (1) and (3).
For a vehicle found to exceed the appropriate maximum permitted weight, a cost-per-mile
fee of 22 cents per ton, or fraction of a ton, over the permitted maximum weight is imposed
in addition to the normal permit fee. Miles must be calculated based on the distance
already traveled in the state plus the distance from the point of detection to a transportation
loading site or unloading site within the state or to the point of exit from the state.
(f) As an alternative to paragraph (e), an annual permit may be issued for overweight,
or oversize and overweight, mobile cranes; construction equipment, machinery, and
supplies; implements of husbandry; and commercial boat hauling. The fees for the permit
are as follows:
| Gross Weight (pounds) of Vehicle |
Annual Permit Fee |
|
| 90,000 |
or less |
$200 |
| 90,001 |
- 100,000 |
$300 |
| 100,001 |
- 110,000 |
$400 |
| 110,001 |
- 120,000 |
$500 |
| 120,001 |
- 130,000 |
$600 |
| 130,001 |
- 140,000 |
$700 |
| 140,001 |
- 145,000 |
$800 |
|
new text begin
145,001 new text end |
new text begin
- 155,000 new text end |
new text begin
$900 new text end |
If the gross weight of the vehicle is more than deleted text begin 145,000deleted text end new text begin 155,000new text end pounds the permit fee is
determined under paragraph (e).
(g) For vehicles which exceed the width limitations set forth in section 169.80 by
more than 72 inches, an additional cost equal to $120 added to the amount in paragraph (a)
when the permit is issued while seasonal load restrictions pursuant to section 169.87 are
in effect.
(h) $85 for an annual permit to be issued for a period not to exceed 12 months, for
refuse-compactor vehicles that carry a gross weight of not more than: 22,000 pounds on
a single rear axle; 38,000 pounds on a tandem rear axle; or, subject to section 169.828,
subdivision 2, 46,000 pounds on a tridem rear axle. A permit issued for up to 46,000
pounds on a tridem rear axle must limit the gross vehicle weight to not more than 62,000
pounds.
(i) $300 for a motor vehicle described in section 169.8261. The fee under this
paragraph must be deposited deleted text begin as follows:
deleted text end
deleted text begin
(1) in fiscal years 2005 through 2010:
deleted text end
deleted text begin
(i) the first $50,000 in each fiscal year must be deposited in the trunk highway fund
for costs related to administering the permit program and inspecting and posting bridges;
deleted text end
deleted text begin
(ii) all remaining money in each fiscal year must be deposited in a bridge inspection
and signing account in the special revenue fund. Money in the account is appropriated
to the commissioner for:
deleted text end
deleted text begin
(A) inspection of local bridges and identification of local bridges to be posted,
including contracting with a consultant for some or all of these functions; and
deleted text end
deleted text begin
(B) erection of weight-posting signs on local bridges; and
deleted text end
deleted text begin (2)deleted text end in fiscal year 2011 and subsequent years deleted text begin must be depositeddeleted text end in the trunk highway
fund.
(j) Beginning August 1, 2006, $200 for an annual permit for a vehicle operating
under authority of section 169.824, subdivision 2, paragraph (a), clause (2).
Sec. 3.
Minnesota Statutes 2010, section 221.0314, subdivision 3a, is amended to read:
Subd. 3a.
Waiver for other medical condition.
(a) The commissioner may grant
a waiver to a person who is not physically qualified to drive under Code of Federal
Regulations, title 49, section 391.41, paragraph (b)(3) to (b)(13). A waiver granted under
this subdivision applies to intrastate transportation only.
(b) A person who wishes to obtain a waiver under this subdivision must give the
commissioner the following information:
(1) the applicant's name, address, and telephone number;
(2) the name, address, and telephone number of an employer coapplicant, if any;
(3) a description of the applicant's experience in driving the type of vehicle to be
operated under the waiver;
(4) a description of the type of driving to be done under the waiver;
(5) a description of any modifications to the vehicle the applicant intends to drive
under the waiver that are designed to accommodate the applicant's medical condition or
disability;
(6) whether the applicant has been granted another waiver under this subdivision;
(7) a copy of the applicant's current driver's license;
(8) a copy of a medical examiner's certificate showing that the applicant is medically
unqualified to drive unless a waiver is granted;
(9) a statement from the applicant's treating physician that includes:
(i) the extent to which the physician is familiar with the applicant's medical history;
(ii) a description of the applicant's medical condition for which a waiver is necessary;
(iii) assurance that the applicant has the ability and willingness to follow any course
of treatment prescribed by the physician, including the ability to self-monitor or manage
the medical condition; and
(iv) the physician's professional opinion that the applicant's condition will not
adversely affect the applicant's ability to operate a motor vehicle safely; and
(10) any other information considered necessary by the commissioner including
requiring a physical examination or medical report from a physician who specializes
in a particular field of medical practice.
(c) In granting a waiver under this subdivision, the commissioner may impose
conditions the commissioner considers necessary to ensure that an applicant is able to
operate a motor vehicle safely and that the safety of the general public is protected.
(d) A person who is granted a waiver under this subdivision must:
(1) at intervals specified in the waiver, give the commissioner periodic reports from
the person's treating physician, or a medical specialist if the commissioner so requires in
the waiver, that contain the information described in paragraph (b), clause (9), together
with a description of any episode that involved the person's loss of consciousness or loss
of ability to operate a motor vehicle safely; and
(2) immediately report the person's involvement in an accident for which a report is
required under section 169.09, subdivision 7.
(e) The commissioner shall deny an application if, during the three years preceding
the application:
(1) the applicant's driver's license has been suspended under section 171.18,
paragraph (a), clauses (1) to (9), (11), and (12), canceled under section 171.14, or revoked
under section 171.17, 171.172, or 171.174; deleted text begin or
deleted text end
new text begin
(2) the applicant has been convicted of a violation under section 171.24; or
new text end
deleted text begin (2)deleted text end new text begin (3)new text end the applicant has been convicted of a disqualifying offense, as defined in
Code of Federal Regulations, title 49, section 383.51, paragraph (b), which is incorporated
by reference.
(f) The commissioner may deny an application or may immediately revoke a
waiver granted under this subdivision. Notice of the commissioner's reasons for denying
an application or for revoking a waiver must be in writing and must be mailed to
the applicant's or waiver holder's last known address by certified mail, return receipt
requested. A person whose application is denied or whose waiver is revoked is entitled to
a hearing under chapter 14.
(g) A waiver granted under this subdivision expires on the date of expiration shown
on the medical examiner's certificate described in paragraph (b), clause (8).