Minnesota Session Laws - 1996, Regular Session

  
    
KEY: stricken = old language to be removed
     underscored = new language to be added
    
                            CHAPTER 289-H.F.No. 2188 
                  An act relating to motor carriers; modifying and 
                  reorganizing provisions relating to allowable truck 
                  lengths and combinations; amending Minnesota Statutes 
                  1994, sections 168.011, subdivisions 13 and 14; 
                  168.013, subdivision 1e; 169.81, subdivision 2, and by 
                  adding a subdivision; and 169.86, subdivision 1; 
                  Minnesota Statutes 1995 Supplement, section 169.81, 
                  subdivision 3. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1994, section 168.011, 
        subdivision 13, is amended to read: 
           Subd. 13.  [TRAILER.] "Trailer" means any vehicle designed 
        for carrying property or passenger on its own structure and for 
        being drawn by a motor vehicle but shall not include a trailer 
        drawn by a truck-tractor semitrailer combination, or an 
        auxiliary axle on a motor vehicle which carries a portion of the 
        weight of the motor vehicle to which it is attached.  For the 
        purpose of registration, trailers coupled with a truck-tractor, 
        semitrailer combination are semitrailers. 
           Sec. 2.  Minnesota Statutes 1994, section 168.011, 
        subdivision 14, is amended to read: 
           Subd. 14.  [SEMITRAILER.] "Semitrailer" means a vehicle of 
        the trailer type so designed and used in conjunction with a 
        truck-tractor that a considerable part of its own weight or that 
        of its load rests upon and is carried by the truck-tractor and 
        shall include a trailer drawn by a truck-tractor semitrailer 
        combination.  For the purpose of registration, trailers coupled 
        with a truck-tractor, semitrailer combination are semitrailers. 
           Sec. 3.  Minnesota Statutes 1994, section 168.013, 
        subdivision 1e, is amended to read: 
           Subd. 1e.  [TRUCKS; TRACTORS; COMBINATIONS; EXCEPTIONS.] On 
        trucks and tractors except those 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
           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. 
           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. 
           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.  
           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 by the 
        interstate commerce commission pursuant to United States Code, 
        title 49, section 10526(b). 
           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. 
           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. 
           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. 
           For the purpose of registration, trailers coupled with a 
        truck-tractor, semitrailer combination are semitrailers. 
           Sec. 4.  Minnesota Statutes 1994, section 169.81, 
        subdivision 2, is amended to read: 
           Subd. 2.  [LENGTH OF SINGLE VEHICLE; EXCEPTIONS.] 
        (a) Statewide, no single unit motor vehicle, except mobile 
        cranes which may not exceed 48 feet and buses which may not 
        exceed 45 feet, unladen or with load may exceed a length of 40 
        feet extreme in overall dimensions inclusive of length, 
        including load and front and rear bumpers, except that the 
        governing body of a city is authorized by permit to provide for 
        the maximum length of 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 a city; provided, that the permit may not prescribe a length 
        less than that permitted by state law.  A motor vehicle operated 
        in compliance with the permit on the streets or highways of the 
        city is not in violation of this chapter: 
           (1) mobile cranes, which may not exceed 48 feet in overall 
        length; and 
           (2) buses, which may not exceed 45 feet in overall length.  
           (b) Statewide, no single semitrailer may have an exceed 48 
        feet in overall length, exclusive of including bumper and load, 
        but excluding non-cargo-carrying accessory equipment, including 
        such as refrigeration units or air compressors, necessary for 
        safe and efficient operation mounted or and located on the end 
        of the semitrailer adjacent to the truck or truck-tractor, in 
        excess of 48 feet, except that.  However, statewide, a single 
        semitrailer may have an overall length in excess of exceed 48 
        feet, but not greater than 53 feet, if the distance from the 
        kingpin to the centerline of the rear axle group of the 
        semitrailer does not exceed 41 feet.  
           Statewide, no single trailer may have an overall 
        length inclusive of exceeding 45 feet, including the tow bar 
        assembly and but exclusive of rear protective bumpers which 
        that 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 in excess of 28-1/2 feet, 
        exclusive of: 
           (1) non-cargo-carrying accessory equipment, including 
        refrigeration units or air compressors and upper coupler plates, 
        necessary for safe and efficient operation, mounted or located 
        on the end of the semitrailer or trailer adjacent to the truck 
        or truck-tractor; 
           (2) the tow bar assembly; and 
           (3) lower coupler equipment that is a fixed part of the 
        rear end of the first semitrailer or trailer.  
           The commissioner may not grant a permit authorizing the 
        movement, in a three-vehicle combination, of a semitrailer or 
        trailer that exceeds 28-1/2 feet, except that the commissioner 
        may renew a permit that was granted before April 16, 1984, for 
        the movement of a semitrailer or trailer that exceeds the length 
        limitation in this paragraph, or may grant a permit authorizing 
        the transportation of empty trailers that exceed 28-1/2 feet, 
        when using a B-train hitching mechanism as defined in Code of 
        Federal Regulations, title 23, section 658.5, paragraph (o), 
        from a point of manufacture in the state to the state border. 
           Sec. 5.  Minnesota Statutes 1994, section 169.81, is 
        amended by adding a subdivision to read: 
           Subd. 2a.  [NUMBER OF UNITS IN VEHICLE COMBINATIONS; 
        GENERALLY, EXCEPTIONS.] (a) Statewide, no combination of 
        vehicles coupled together may consist of more than two units, 
        except as provided in paragraph (b). 
           (b) Three-unit combinations may only be used as provided 
        for in subdivisions 3, paragraph (c); 3c; 8; and 10.  Further, 
        vehicles transporting milk from the point of production to the 
        point of first processing may consist of no more than three 
        units.  Mount combinations, consisting of a truck or 
        truck-tractor transporting similar vehicles by having the front 
        axle of the transported vehicle mounted onto the center of the 
        rear part of the preceding vehicle, may be used. 
           Sec. 6.  Minnesota Statutes 1995 Supplement, section 
        169.81, subdivision 3, is amended to read: 
           Subd. 3.  [LENGTH OF VEHICLE COMBINATIONS.] (a) Statewide, 
        except as provided on the highways identified under provisions 
        in paragraph (b) (c), no combination of vehicles coupled 
        together, including truck-tractor and semitrailer, may consist 
        of more than two units and no combination of vehicles, unladen 
        or with load, may exceed a total length of 75 feet.  
           (b) However, the total length limitation does not apply 
        to the transportation of telegraph poles, combinations of 
        vehicles transporting: 
           (1) telephone poles, electric light and power poles, 
        piling, or pole length pulpwood, and is subject to the following 
        further exceptions:  the length limitations do not apply to 
        vehicles transporting; or 
           (2) 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 
        section 169.86. 
        These combinations of vehicles must be equipped with a 
        sufficient number of clearance lamps and marker markers, or 
        lamps for night transportation, 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 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, may consist of more than three units and no 
        combination of those vehicles may exceed a total length of 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 or boats 
        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 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 alters or changes the authority vested in local 
        authorities under the provisions of section 169.04.  
           (b) (c) The following combination of vehicles regularly 
        engaged in the transportation of commodities 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 
        terminals, 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 75 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; 
           (4) a truck-tractor and semitrailer designed and used 
        exclusively for the transportation of motor vehicles or boats 
        and exceeding an overall length of 65 75 feet including the load 
        except as restricted by applicable federal law; and 
           (5) a truck or truck-tractor transporting similar vehicles 
        by having the front axle of the transported vehicle mounted onto 
        the center or rear part of the preceding vehicle, defined in 
        Code of Federal Regulations, title 49, sections 390.5 and 393.5 
        as drive-away saddlemount combinations or drive-away saddlemount 
        vehicle transporter combinations, when the overall length 
        exceeds 65 75 feet.  
           Vehicles operated under the provisions of this section must 
        conform to the standards for those vehicles prescribed by the 
        United States Department of Transportation, Federal Highway 
        Administration, Bureau of Motor Carrier Safety, as amended. 
           Sec. 7.  Minnesota Statutes 1994, section 169.86, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [APPLICATION FOR PERMIT.] (a) The 
        commissioner, with respect to highways under the commissioner's 
        jurisdiction, and local authorities, with respect to highways 
        under their jurisdiction, may, in their discretion, upon 
        application in writing and good cause being shown therefor, 
        issue a special permit, in writing, authorizing the applicant to 
        move a vehicle or combination of vehicles of a size or weight of 
        vehicle or load exceeding the maximum specified in this chapter, 
        or otherwise not in conformity with the provisions of this 
        chapter, upon any highway under the jurisdiction of the party 
        granting such permit and for the maintenance of which such party 
        is responsible. 
           (b) Permits relating to over-width, over-length 
        manufactured homes shall not be issued to persons other than 
        manufactured home dealers or manufacturers for movement of new 
        units owned by the manufactured home dealer or manufacturer, 
        until the person has presented a statement from the county 
        auditor and treasurer where the unit is presently located, 
        stating that all personal and real property taxes have been 
        paid.  Upon payment of the most recent single year delinquent 
        personal property or current year taxes only, the county auditor 
        or treasurer must issue a taxes paid statement to a manufactured 
        home dealer or a financial institution desiring to relocate a 
        manufactured home that has been repossessed.  This statement 
        must be dated within 30 days of the contemplated move.  The 
        statement from the county auditor and treasurer where the unit 
        is presently located, stating that all personal and real 
        property taxes have been paid, may be made by telephone.  If the 
        statement is obtained by telephone, the permit shall contain the 
        date and time of the telephone call and the names of the persons 
        in the auditor's office and treasurer's office who verified that 
        all personal and real property taxes had been paid. 
           (c) The commissioner may not grant a permit authorizing the 
        movement, in a three-vehicle combination, of a semitrailer or 
        trailer that exceeds 28-1/2 feet, except that the commissioner 
        (1) may renew a permit that was granted before April 16, 1984, 
        for the movement of a semitrailer or trailer that exceeds the 
        length limitation in section 169.81, subdivision 2, or (2) may 
        grant a permit authorizing the transportation of empty trailers 
        that exceed 28-1/2 feet when using a B-train hitching mechanism 
        as defined in Code of Federal Regulations, title 23, section 
        658.5, paragraph (o), from a point of manufacture in the state 
        to the state border. 
           (d) The state as to state trunk highways, a statutory or 
        home rule charter city as to streets in the city, or a town as 
        to roads in the town, may issue permits authorizing the 
        transportation of combinations of vehicles exceeding the 
        limitations in section 169.81, subdivisions 2a and 3, over 
        highways, streets, or roads within its boundaries.  Combinations 
        of vehicles authorized by this paragraph may be restricted as to 
        the use of state trunk highways by the commissioner, to the use 
        of streets by the city road authority, and to the use of roads 
        by the town road authority.  Nothing in this paragraph or 
        section 168.81, subdivisions 2a and 3, alters or changes the 
        authority vested in local authorities under section 169.04. 
           Presented to the governor February 27, 1996 
           Signed by the governor February 28, 1996, 11:48 a.m.