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Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                            CHAPTER 297-H.F.No. 2884 
                  An act relating to traffic regulations; modifying 
                  imposition of civil fine for excessive gross weight; 
                  amending Minnesota Statutes 2000, sections 169.871, 
                  subdivision 1; 169.872, subdivision 1, by adding a 
                  subdivision. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2000, 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 169.825 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: 
           (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 169.825, 169.832 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 shall impose a penalty of 
        twice the amount otherwise authorized under paragraph (a). 
           (c) 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 
        shall be 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 shall 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. 
           Sec. 2.  Minnesota Statutes 2000, section 169.872, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [RECORD KEEPING.] A person who weighs goods 
        before or after unloading or a person who loads or unloads goods 
        on the basis of liquid volume measure shall keep a written 
        record of the origin, weight and composition of each shipment, 
        the date of loading or receipt, the name and address of the 
        shipper, the total number of axles on the vehicle or combination 
        of vehicles, and the registration number of the power unit or 
        some other means of identification by which the shipment was 
        transported.  The record shall be retained for 30 14 days and 
        shall be open to inspection and copying by a state law 
        enforcement officer or motor transport representative, except 
        state conservation officers, upon demand.  No search warrant is 
        required to inspect or copy the record.  This subdivision does 
        not apply to a person weighing goods who is not involved in the 
        shipping, receiving and transporting of those goods, or to a 
        person weighing raw and unfinished farm products transported in 
        a single unit vehicle with not more than three axles or by a 
        trailer towed by a farm tractor when the transportation is the 
        first haul of the product.  
           Sec. 3.  Minnesota Statutes 2000, section 169.872, is 
        amended by adding a subdivision to read: 
           Subd. 1a.  [LIMIT ON CIVIL PENALTIES.] A civil penalty for 
        excessive weight under section 169.871 may be imposed based on a 
        record of a shipment under this section only if a state law 
        enforcement officer or motor transportation representative has 
        inspected and copied the record within 14 days of the date the 
        shipment was received by the person keeping the record. 
           Sec. 4.  [EFFECTIVE DATE.] 
           Sections 1 to 3 are effective the day following final 
        enactment. 
           Presented to the governor March 25, 2002 
           Signed by the governor March 26, 2002, 2:34 p.m.