Key: (1) language to be deleted (2) new language
Laws of Minnesota 1983
CHAPTER 198--S.F.No. 883
An act relating to transportation; modifying the
definition of truck-tractor to include the power unit
of automobile carriers; adjusting the motor vehicle
registration tax on certain trailers; requiring proof
of payment of the federal heavy use tax on heavy
trucks; increasing the maximum allowable width on
vehicles from 8 to 8-1/2 feet; allowing special
permits for the transport of manufactured home frames;
modifying vehicle length requirements to allow longer
semitrailers and vehicle combinations; modifying the
gross weight seasonal increase to include all axle
combinations; modifying the distance a peace officer
may require a vehicle to travel to a scale and
defining a suitable place for unloading an overweight
vehicle; modifying the civil penalty for overweight
vehicles; increasing width requirement on loads of
baled hay before flashing amber lights are required;
requiring the commissioner to comply with criteria for
the addition of federal qualifying highways; amending
Minnesota Statutes 1982, sections 168.011, subdivision
12; 168.013, subdivision 1d, and by adding a
subdivision; 169.01, subdivision 7; 169.80,
subdivision 2; 169.81, subdivisions 2 and 3; 169.825,
subdivision 11; 169.85; 169.86, by adding a
subdivision; 169.862; and 169.871, subdivision 1, and
by adding a subdivision; proposing new law coded in
Minnesota Statutes, chapter 169; repealing Minnesota
Statutes 1982, sections 169.80, subdivision 2a; and
169.81, subdivisions 3a, 3b, and 7.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1982, section 168.011,
subdivision 12, is amended to read:
Subd. 12. [TRUCK-TRACTOR.] "Truck-tractor" means any:
(a) a motor vehicle designed and used primarily for drawing
other vehicles and not so constructed as to carry a load other
than a part of the weight of the vehicle and load so drawn; and
(b) a motor vehicle designed and used primarily for drawing
other vehicles used exclusively for transporting motor vehicles
and capable of carrying motor vehicles on its own structure.
Sec. 2. Minnesota Statutes 1982, section 168.013,
subdivision 1d, is amended to read:
Subd. 1d. [TRAILERS.] On trailers the annual tax shall be
is based on total gross weight and shall be is 30 percent of the
Minnesota base rate prescribed in subdivision 1e, when the gross
weight is 15,000 pounds or less and when the gross weight of a
trailer is more than 15,000 pounds, the tax for the first eight
years of vehicle life is 100 percent of the tax imposed in the
Minnesota base rate schedule and during the ninth and succeeding
years of vehicle life the tax is 75 percent of the Minnesota
base rate prescribed by subdivision 1e, but in no event less
than $5, provided, that the tax on trailers with a total gross
weight of 3,000 pounds or less shall be is payable biennially.
Farm trailers with a gross weight in excess of 10,000
pounds and as described in section 168.011, subdivision 17, are
taxed as farm trucks as prescribed in subdivision 1c.
Sec. 3. Minnesota Statutes 1982, section 168.013, is
amended by adding a subdivision to read:
Subd. 20. [FEDERAL HEAVY VEHICLE USE TAX; PROOF OF
PAYMENT.] No person may register a motor vehicle that, along
with the trailers and semitrailers customarily used with the
same type of motor vehicle, has a taxable gross weight of at
least 33,000 pounds and is subject to the use tax imposed by the
Internal Revenue Code of 1954, section 4481, unless proof of
payment of the use tax, if required and in a form as may be
prescribed by the secretary of the treasury, is presented.
Sec. 4. Minnesota Statutes 1982, section 169.01,
subdivision 7, is amended to read:
Subd. 7. [TRUCK-TRACTOR.] "Truck-tractor" means:
(a) every a motor vehicle designed and used primarily for
drawing other vehicles and not so constructed as to carry a load
other than a part of the weight of the vehicle and load so drawn
; and
(b) a motor vehicle designed and used primarily for drawing
other vehicles used exclusively for transporting motor vehicles
and capable of carrying motor vehicles on its own structure.
Sec. 5. Minnesota Statutes 1982, section 169.80,
subdivision 2, is amended to read:
Subd. 2. [OUTSIDE WIDTH.] The total outside width of any a
vehicle exclusive of rear view mirrors or load securement
devices which are not an integral part of the vehicle and not
exceeding three inches on each side, or the load thereon shall
may not exceed eight feet 102 inches except that the outside
width of a farm tractor, or a vehicle owned by a political
subdivision and used exclusively for the purpose of handling
sewage sludge from sewage treatment facilities to farm fields or
disposal sites, shall may not exceed 12 feet, and except as
otherwise provided in this section.
A vehicle exceeding eight feet 102 inches in total outside
width, owned by a political subdivision and used for the purpose
of transporting or applying sewage sludge to farm fields or
disposal sites shall may not transport sludge for distances
greater than 15 miles, nor shall may it be used for
transportation of sewage sludge or return travel between the
hours of sunset and sunrise, or at any other time when
visibility is impaired by weather, smoke, fog, or other
conditions rendering persons and vehicles not clearly
discernible on the highway at a distance of 500 feet.
The total outside width of a low bed trailer or equipment
dolly, and the load thereon, used exclusively for transporting
farm machinery and construction equipment shall may not exceed
nine feet in width except that any a low bed trailer or
equipment dolly with a total outside width, including the load
thereon, in excess of eight feet shall 102 inches may not be
operated on any interstate highway without first having obtained
a permit for the operation pursuant to under section 169.86.
The vehicle shall must display 12-inch square red flags as
markers at the front and rear of the left side of the vehicle.
The total outside width of a trackless trolley car or
passenger motor bus, operated exclusively in any a city, or
contiguous cities in this state, shall may not exceed nine feet.
A passenger motor bus, not exceeding eight and one-half feet in
width, may operate within and between the cities of this state.
The total outside width of loads of forest products when
loaded crossways shall not exceed 100 inches, provided the load
is securely bound with a chain attached to front and rear of the
loading platform of the vehicle so as to hold the load securely
in place.
Sec. 6. Minnesota Statutes 1982, section 169.86, is
amended by adding a subdivision to read:
Subd. 3a. The commissioner or local authority may not deny
a permit for the transport to a manufacturing plant of
manufactured home frames not more than 15-1/2 feet in width
during periods of seasonal weight restrictions unless the load
exceeds the weight restrictions.
Sec. 7. Minnesota Statutes 1982, section 169.81,
subdivision 2, is amended to read:
Subd. 2. [LENGTH OF VEHICLES.] (a) No single unit motor
vehicle, except truck cranes which shall may not exceed 45 feet,
unladen or with load shall may exceed a length of 40 feet
extreme overall dimensions inclusive of front and rear bumpers,
except that the governing body of any a city is hereby
authorized by ordinance permit to provide for the maximum length
of any a motor vehicle, or combination of motor vehicles, or the
number of vehicles that may be fastened together, and which may
be operated upon the streets or highways of such a city;
provided, that such ordinance shall the permit may not prescribe
a length less than that permitted by state law. Any such A
motor vehicle operated in compliance with such ordinance the
permit on the streets or highways of such the city shall is
not be deemed to be in violation of this chapter. A truck
tractor and semitrailer shall be regarded as a combination of
vehicles for the purpose of determining lawful length.
(b) No single semitrailer may have an overall length,
exclusive of non-cargo-carrying accessory equipment, including
refrigeration units or air compressors, necessary for safe and
efficient operation mounted or located on the end of the
semitrailer adjacent to the truck or truck-tractor, in excess of
48 feet, except as provided in paragraph (d). No single trailer
may have an overall length inclusive of tow bar assembly and
exclusive of rear protective bumpers which do not increase the
overall length by more than six inches, in excess of 45 feet.
For determining compliance with the provisions of this
subdivision, the length of the semitrailer or trailer must be
determined separately from the overall length of the combination
of vehicles.
(c) No semitrailer or trailer used in a three-vehicle
combination may have an overall length, exclusive of
non-cargo-carrying accessory equipment, including refrigeration
units or air compressors, necessary for safe and efficient
operation mounted or located on the end of the semitrailer or
trailer adjacent to the truck or truck-tractor, and further
exclusive of the tow bar assembly, in excess of 28-1/2 feet.
(d) The commissioner may issue an annual permit for a
semitrailer in excess of 48 feet in length, if the distance from
the kingpin to the centerline of the rear axle group of the
semitrailer does not exceed 41 feet and if a combination of
vehicles, which includes a semitrailer in excess of 48 feet for
which a permit has been issued under this paragraph, does not
exceed an overall length of 65 feet. The annual fee for a
permit issued under this paragraph is $36.
Sec. 8. Minnesota Statutes 1982, section 169.81,
subdivision 3, is amended to read:
Subd. 3. [LENGTH OF VEHICLE COMBINATIONS AND SEMITRAILERS
AND TRUCK-TRACTORS.] (a) Statewide, except as provided in clause
(c) paragraph (b), no combination of vehicles coupled together,
including truck-tractor and semitrailer, shall may consist of
more than two units and no combination of vehicles, unladen or
with load, shall may exceed a total length of 60 65 feet. The
length limitation shall does not apply to the transportation of
telegraph poles, telephone poles, electric light and power
poles, piling, or pole length pulpwood, and is subject to the
following further exceptions: the length limitations shall do
not apply to vehicles when transporting pipe, or other objects
by a public utility when required for emergency or repair of
public service facilities or when operated under special permits
as provided in this subdivision, but with respect to night
transportation, a vehicle and the load shall must be equipped
with a sufficient number of clearance lamps and marker lamps on
both sides and upon the extreme ends of a projecting load to
clearly mark the dimensions of the load. Mount combinations may
be drawn but the combinations may not exceed 65 feet in length.
The limitation on the number of units shall does not apply to
vehicles used for transporting milk from point of production to
point of first processing, in which case no combination of
vehicles coupled together unladen or with load, including
truck-tractor and semitrailers, shall may consist of more than
three units and no combination of those vehicles shall may
exceed a total length of 60 65 feet. Notwithstanding other
provisions of this section, and except as provided in paragraph
(b), no combination of vehicles consisting of a truck-tractor
and semitrailer designed and used exclusively for the
transportation of motor vehicles may exceed 65 feet in length.
The load may extend a total of seven feet, but may not extend
more than three feet beyond the front or four feet beyond the
rear, and in no case may the overall length of the combination
of vehicles, unladen or with load, exceed 65 feet. For the
purpose of registration, trailers coupled with a truck-tractor,
semitrailer combination shall be deemed are semitrailers. The
state, as to state trunk highways, and a city or town, as to
roads or streets located within the city or town, may issue
permits authorizing the transportation of combinations of
vehicles exceeding the limitations in this subdivision over
highways, roads, or streets within their boundaries.
Combinations of vehicles authorized by this subdivision may be
restricted as to the use of highways by the commissioner, as to
state trunk highways, and a road authority, as to highways or
streets subject to its jurisdiction. Nothing in this
subdivision shall be deemed to alter alters or change changes
the authority vested in local authorities under the provisions
of section 169.04. This subdivision shall not apply to the
operation of combinations of vehicles subject to the provisions
of section 169.861.
(b) No single semitrailer or trailer shall have an overall
length, exclusive of rear protective bumpers which do not
increase the overall length by more than six inches and further
exclusive of accessory equipment mounted or located on the end
of the semitrailer or trailer adjacent to the truck or
truck-tractor, in excess of 45 feet, except for those
semitrailers governed by subdivisions 3a, 3b and 7. For
purposes of determining compliance with the provisions of this
subdivision, the length of the semitrailer or trailer shall be
determined separate from the overall length of the combination
of vehicles.
(c) A The following combination of vehicles between 55 and
65 feet in length regularly engaged in the transportation of
commodities and consisting of a truck and semitrailer or a
truck-tractor and semitrailer drawing one additional semitrailer
which may be equipped with an auxiliary dolly or a truck-tractor
and semitrailer drawing one full trailer may operate only on
divided highways having four or more lanes of travel, and on
other highways as may be designated by the commissioner of
transportation subject to section 169.87, subdivision 1, and
subject to the approval of the authority having jurisdiction
over the highway, for the purpose of providing reasonable access
between the divided highways of four or more lanes of travel and
truck terminals and marshalling yards, facilities for food,
fuel, repair, and rest, and points of loading and unloading for
household goods carriers, livestock carriers, or for the purpose
of providing continuity of route.:
(1) a truck-tractor and semitrailer exceeding 65 feet in
length;
(2) a combination of vehicles with an overall length
exceeding 55 feet and including a truck-tractor and semitrailer
drawing one additional semitrailer which may be equipped with an
auxiliary dolly;
(3) a combination of vehicles with an overall length
exceeding 55 feet and including a truck-tractor and semitrailer
drawing one full trailer; and
(4) a truck-tractor and semitrailer designed and used
exclusively for the transportation of motor vehicles and
exceeding an overall length of 65 feet including the load.
All Vehicles operated under the provisions of this section
shall must conform to the standards for those vehicles as
prescribed by the United States Department of Transportation,
Federal Highway Administration, Bureau of Motor Carrier Safety,
and as may be amended. The total length of the combination,
unladen or with load, shall not exceed 65 feet. For the purpose
of registration, trailers coupled with a truck-tractor
semitrailer combination shall be deemed semitrailers.
Sec. 9. Minnesota Statutes 1982, section 169.825,
subdivision 11, is amended to read:
Subd. 11. [GROSS WEIGHT SEASONAL INCREASES.] (a) The
limitations provided in this section shall be are increased:
(1) by ten percent from January 1 to March 7 each winter,
statewide;
(2) by ten percent from December 1 through December 31 each
winter in the zone bounded as follows: beginning at Pigeon
River in the northeast corner of Minnesota; thence in a
southwesterly direction along the north shore of Lake Superior
along Trunk Highway No. 61 to the junction with Trunk Highway
No. 210; thence westerly along Trunk Highway No. 210 to the
junction with Trunk Highway No. 10; thence northwesterly along
Trunk Highway No. 10 to the junction with Trunk Highway No. 59;
thence northerly along Trunk Highway No. 59 to the junction with
Trunk Highway No. 2; thence westerly along Trunk Highway No. 2
to the junction with Trunk Highway No. 32; thence northerly
along Trunk Highway No. 32 to the junction with Trunk Highway
No. 11; thence northeast along Trunk Highway No. 11 to the east
line of Range 43W to the Minnesota-Canadian Border; thence
easterly along said Border to Lake Superior;.
(b) The duration of any a ten percent increase shall be in
load limits is subject to limitation by order of the
commissioner;, subject to implementation of springtime load
restrictions, or March 7.
(c) When the ten percent increase is in effect, a permit
shall be is required for any a motor vehicle, trailer, or
semitrailer combination that has a gross weight in excess of
80,000 pounds, an axle group weight in excess of that prescribed
in subdivision 10, or a single axle weight in excess of 20,000
pounds and which travels on interstate routes;.
(d) In all cases where gross weights in an amount less than
those that set forth in this section are fixed, limited, or
restricted on any a highway or bridge by or pursuant to any
other under another section of this chapter, the lesser gross
weight as so fixed, limited, or restricted shall may not be
exceeded and shall must control instead of the gross weights set
forth in this section;.
(e) Notwithstanding any other provision of this
subdivision, no vehicle shall may exceed a total gross vehicle
weight of 80,000 pounds on routes which have not been designated
by the commissioner pursuant to under section 169.832,
subdivision 11.
Sec. 10. [169.835] [FEDERAL QUALIFYING HIGHWAYS.]
The commissioner of transportation may not add routes to
the system of federal qualifying highways submitted to the
federal highway administration in accordance with the Surface
Transportation Assistance Act of 1982, United States Code, title
49, section 2311, except in compliance with the criteria
established by the commissioner for the addition of routes.
Sec. 11. Minnesota Statutes 1982, section 169.85, is
amended to read:
169.85 [WEIGHING; PENALTY.]
The driver of any a vehicle which has been lawfully stopped
may be required by a peace officer to submit the vehicle and
load to a weighing by means of portable or stationary scales,
and the peace officer may require that the vehicle be driven to
the nearest available scales in the event the scales are within
if the distance to the scales is no further than five miles, or
if the distance from the point where the vehicle is stopped to
the vehicle's destination is not increased by more than ten
miles as a result of proceeding to the nearest available scales.
Official traffic control devices as authorized by section 169.06
may be used to direct the driver to the nearest scale. When any
a truck weight enforcement operation is conducted by means of
portable or stationary scales and signs giving notice of the
operation are posted within the highway right-of-way and
adjacent to the roadway within two miles of the operation, the
driver of every a truck or combination of vehicles registered
for or weighing in excess of 12,000 pounds, and the driver of
every a charter bus, except a bus registered in Minnesota, shall
proceed to the scale site and submit the vehicle to weighing and
inspection.
Upon weighing a vehicle and load, as provided in this
section, an officer may require the driver to stop the vehicle
in a suitable place and remain standing until a portion of the
load is removed that is sufficient to reduce the gross weight of
the vehicle to the limit permitted under section 169.825. A
suitable place is a location where loading or tampering with the
load is not prohibited by federal, state, or local law, rule or
ordinance. A driver may be required to unload a vehicle only if
the weighing officer determines that (a) on routes subject to
the provisions of section 169.825, the weight on any an axle
exceeds the lawful gross weight prescribed by section 169.825,
by 2,000 pounds or more, or the weight on any a group of two or
more consecutive axles in cases where the distance between the
centers of the first and last axles of the group under
consideration is ten feet or less exceeds the lawful gross
weight prescribed by section 169.825, by 4,000 pounds or more;
or (b) on routes designated by the commissioner in section
169.832, subdivision 11, the overall weight of the vehicle or
the weight on any an axle or group of consecutive axles exceeds
the maximum lawful gross weights prescribed by section 169.825;
or (c) the weight is unlawful on any an axle or group of
consecutive axles on any a road restricted in accordance with
section 169.87. All Material so unloaded shall must be cared
for by the owner or driver of the vehicle at the risk of the
owner or driver.
Any A driver of a vehicle who fails or refuses to stop and
submit the vehicle and load to a weighing as required in this
section, or who fails or refuses, when directed by an officer
upon a weighing of the vehicle, to stop the vehicle and
otherwise comply with the provisions of this section, is guilty
of a misdemeanor.
Sec. 12. Minnesota Statutes 1982, section 169.862, is
amended to read:
169.862 [PERMITS FOR WIDE LOADS OF BALED HAY.]
The commissioner of transportation, with respect to
highways under his the commissioner's jurisdiction, and local
authorities, with respect to highways under their jurisdiction,
may issue an annual permit to enable a vehicle carrying round
baled hay, with a total outside width of the vehicle or the load
thereon not exceeding 11-1/2 feet, to be operated on public
streets and highways. Permits issued pursuant to under this
section shall be are governed by the applicable provisions of
section 169.86 except as otherwise provided herein, and, in
addition shall, carry the following restrictions:
(a) The vehicles shall may not be operated between sunset
and sunrise, when visibility is impaired by weather, fog, or
other conditions rendering persons and vehicles not clearly
visible at a distance of 500 feet, or on Saturdays, Sundays, and
holidays.
(b) The vehicles shall may not be operated on interstate
highways.
(c) The vehicles shall may not be operated on a trunk
highway with a pavement less than 24 feet wide.
(d) A vehicle operated under the permit shall must be
equipped with a retractable or removable mirror on the left side
so located that it will reflect to the driver a clear view of
the highway for a distance of at least 200 feet to the rear of
the vehicle. Simultaneous flashing amber lights, as provided in
section 169.59, subdivision 4, shall must be displayed to the
front and rear of the vehicle. The flashing amber lights shall
must be lighted only when the width of the load exceeds eight
feet 102 inches. The flashing amber light system shall be is in
addition to and separate from the turn signal system and the
hazard warning light system.
(e) A vehicle operated under the permit shall must display
red, orange, or yellow flags, 12 inches square, as markers at
the front and rear, and on both sides of the load. The load
shall must be securely bound to the transporting vehicle.
The fee for the permit shall be is $25.
Sec. 13. Minnesota Statutes 1982, section 169.871,
subdivision 1, is amended to read:
Subdivision 1. [CIVIL LIABILITY.] The owner or lessee of a
vehicle that is operated with a gross weight in excess of a
weight limit imposed under sections 169.825 and 169.832 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 169.825 and 169.832 to
169.851 and 169.87 is liable for a civil penalty as follows:
(a) If the total gross excess weight is not more than 3,000
1,000 pounds, one cent per pound for each pound in excess of the
legal limit;
(b) If the total gross excess weight is more than 3,000
1,000 pounds but not more than 4,000 3,000 pounds, $10 plus five
cents per pound for each pound in excess of the legal limit
1,000 pounds;
(c) If the total gross excess weight is more than 4,000
3,000 pounds but not more than 6,000 5,000 pounds, $110 plus
15 ten cents per pound for each pound in excess of the legal
limit 3,000 pounds; or
(d) If the total gross excess weight is more than 6,000
5,000 pounds but not more than 7,000 pounds, $310 plus 30 15
cents per pound for each pound in excess of the legal limit
5,000 pounds;
(e) 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.
Any penalty imposed upon a defendant under this section
subdivision shall not exceed the maximum penalty prescribed by
this subdivision. Any fine paid by the defendant in a criminal
overweight action that arose from the same overweight violation
shall be applied toward payment of the civil penalty under this
subdivision. A peace officer who cites a driver for a violation
of the weight limitations established by sections 169.81 to
169.851 and 169.87 shall give written notice to the driver that
he or another may also be liable for the civil penalties
provided herein in the same or separate proceedings.
Sec. 14. Minnesota Statutes 1982, section 169.871, is
amended by adding a subdivision to read:
Subd. 1a. The owner or lessee of a vehicle that is
operated with a gross weight in excess of a weight limit imposed
by permit under sections 169.86 and 169.862 and a shipper who
ships or tenders goods for shipment in a single truck or
combination vehicle that exceeds a weight limit permitted under
sections 169.86 or 169.862 is liable for a civil penalty at a
rate of five cents per pound for each pound in excess of the
weight permitted under section 169.86 or 169.862, or $100,
whichever is greater.
Any penalty imposed upon a defendant under this subdivision
shall 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 may not be applied
toward payment of the civil penalty under this subdivision. A
peace officer who cites a driver for a violation of the weight
limitations established by permit pursuant to section 169.86 or
169.862 shall give written notice to the driver that the driver
or another may also be liable for the civil penalty provided in
this subdivision in the same or separate proceedings.
Sec. 15. [REPEALER.]
Minnesota Statutes 1982, sections 169.80, subdivision 2a;
and 169.81, subdivisions 3a, 3b, and 7, are repealed.
Sec. 16. [EFFECTIVE DATE.]
Sections 1, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 14 are
effective the day following final enactment. Sections 2 and 3
are effective for taxable years beginning after December 31,
1983. Section 13 is effective July 1, 1983.
Approved May 19, 1983
Official Publication of the State of Minnesota
Revisor of Statutes