Minnesota Session Laws - 1999, Regular Session

                            CHAPTER 70-S.F.No. 1600 
                  An act relating to motor vehicles; eliminating 
                  requirement that certain applications submitted to 
                  department of public safety be in writing; amending 
                  Minnesota Statutes 1998, sections 168.013, subdivision 
                  3; and 168.82, subdivision 1. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1998, section 168.013, 
        subdivision 3, is amended to read: 
           Subd. 3.  [APPLICATION; CANCELLATION; EXCESSIVE GROSS 
        WEIGHT FORBIDDEN.] The applicant for all licenses based on gross 
        weight shall state in writing upon oath, the unloaded weight of 
        the motor vehicle, trailer or semitrailer and the maximum load 
        the applicant proposes to carry thereon, the sum of which shall 
        constitute the gross weight upon which the license tax shall be 
        paid, but in no case shall the declared gross weight upon which 
        the tax is paid be less than 1-1/4 times the declared unloaded 
        weight of the motor vehicle, trailer or semitrailer to be 
        registered, except recreational vehicles taxed under subdivision 
        1g, school buses taxed under subdivision 18 and tow trucks or 
        towing vehicles defined in section 169.01, subdivision 52.  The 
        gross weight of a tow truck or towing vehicle is the actual 
        weight of the tow truck or towing vehicle fully equipped, but 
        does not include the weight of a wrecked or disabled vehicle 
        towed or drawn by the tow truck or towing vehicle. 
           The gross weight of no motor vehicle, trailer or 
        semitrailer shall exceed the gross weight upon which the license 
        tax has been paid by more than four percent or 1,000 pounds, 
        whichever is greater. 
           The gross weight of the motor vehicle, trailer or 
        semitrailer for which the license tax is paid shall be indicated 
        by a distinctive character on the license plate or plates except 
        as provided in subdivision 12 and the plate or plates shall be 
        kept clean and clearly visible at all times. 
           The owner, driver, or user of a motor vehicle, trailer or 
        semitrailer upon conviction for transporting a gross weight in 
        excess of the gross weight for which it was registered or for 
        operating a vehicle with an axle weight exceeding the maximum 
        lawful axle load weight shall be guilty of a misdemeanor and be 
        subject to increased registration or reregistration according to 
        the following schedule: 
           (1) The owner, driver or user of a motor vehicle, trailer 
        or semitrailer upon conviction for transporting a gross weight 
        in excess of the gross weight for which it is registered by more 
        than four percent or 1,000 pounds, whichever is greater, but 
        less than 25 percent or for operating or using a motor vehicle, 
        trailer or semitrailer with an axle weight exceeding the maximum 
        lawful axle load as provided in section 169.825 by more than 
        four percent or 1,000 pounds, whichever is greater, but less 
        than 25 percent, in addition to any penalty imposed for the 
        misdemeanor shall apply to the registrar to increase the 
        authorized gross weight to be carried on the vehicle to a weight 
        equal to or greater than the gross weight the owner, driver, or 
        user was convicted of carrying, the increase computed for the 
        balance of the calendar year on the basis of 1/12 of the annual 
        tax for each month remaining in the calendar year beginning with 
        the first day of the month in which the violation occurred.  If 
        the additional registration tax computed upon that weight, plus 
        the tax already paid, amounts to more than the regular tax for 
        the maximum gross weight permitted for the vehicle under section 
        169.825, that additional amount shall nevertheless be paid into 
        the highway fund, but the additional tax thus paid shall not 
        permit the vehicle to be operated with a gross weight in excess 
        of the maximum legal weight as provided by section 169.825.  
        Unless the owner within 30 days after a conviction shall apply 
        to increase the authorized weight and pay the additional tax as 
        provided in this section, the registrar shall revoke the 
        registration on the vehicle and demand the return of the 
        registration card and plates issued on that registration. 
           (2) The owner or driver or user of a motor vehicle, trailer 
        or semitrailer upon conviction for transporting a gross weight 
        in excess of the gross weight for which the motor vehicle, 
        trailer or semitrailer was registered by 25 percent or more, or 
        for operating or using a vehicle or trailer with an axle weight 
        exceeding the maximum lawful axle load as provided in section 
        169.825 by 25 percent or more, in addition to any penalty 
        imposed for the misdemeanor, shall have the reciprocity 
        privileges on the vehicle involved if the vehicle is being 
        operated under reciprocity canceled by the registrar, or if the 
        vehicle is not being operated under reciprocity, the certificate 
        of registration on the vehicle operated shall be canceled by the 
        registrar and the registrar shall demand the return of the 
        registration certificate and registration plates.  The registrar 
        may not cancel the registration or reciprocity privileges for 
        any vehicle found in violation of seasonal load restrictions 
        imposed under section 169.87 unless the axle weight exceeds the 
        year-round weight limit for the highway on which the violation 
        occurred.  The registrar may investigate any allegation of gross 
        weight violations and demand that the operator show cause why 
        all future operating privileges in the state should not be 
        revoked unless the additional tax assessed is paid. 
           (3) Clause (1) does not apply to the first haul of 
        unprocessed or raw farm products or unfinished forest products, 
        when the registered gross weight is not exceeded by more than 
        ten percent.  For purposes of this clause, "first haul" means (i)
        the first, continuous transportation of unprocessed or raw farm 
        products from the place of production or on-farm storage site to 
        any other location within 50 miles of the place of production or 
        on-farm storage site, or (ii) the first, continuous 
        transportation of unfinished forest products from the place of 
        production to the place of first unloading. 
           (4) When the registration on a motor vehicle, trailer or 
        semitrailer is revoked by the registrar according to provisions 
        of this section, the vehicle shall not be operated on the 
        highways of the state until it is registered or reregistered, as 
        the case may be, and new plates issued, and the registration fee 
        shall be the annual tax for the total gross weight of the 
        vehicle at the time of violation.  The reregistration pursuant 
        to this subdivision of any vehicle operating under reciprocity 
        agreements pursuant to section 168.181 or 168.187 shall be at 
        the full annual registration fee without regard to the 
        percentage of vehicle miles traveled in this state.  
           Sec. 2.  Minnesota Statutes 1998, section 168.82, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [APPLICATION, FEE, REQUIREMENTS.] Whenever 
        a person seeks to operate a motor vehicle or tow a manufactured 
        home owned by a nonresident upon the highways of this state 
        solely for the purpose of transporting it from a point outside 
        the state to another point outside the state, and such vehicle 
        is not otherwise exempt from registration and taxation as 
        provided by law, such owner shall not be required to register 
        the vehicle and pay the tax but in lieu thereof shall apply in 
        writing to the registrar for a one-way trip permit and pay a fee 
        of $10.  Unless such act of transportation also requires 
        approval by the commissioner of transportation as provided in 
        section 169.86, such person may be permitted to proceed with 
        such vehicle into the state, not to exceed 35 miles, to the 
        nearest city wherein a deputy registrar is located before 
        securing such permit.  The application for permit shall be in 
        such form and contain such information as the registrar may 
        determine.  Any motor vehicle operated under such permit shall 
        carry no load.  As used in this section, "person" includes a 
        natural person, firm, copartnership, association, or corporation.
           Presented to the governor April 16, 1999 
           Signed by the governor April 20, 1999, 9:15 a.m.