2001 Minnesota Statutes

     169.85 Weighing; penalty. 

    Subdivision 1.    Driver to stop for weighing.  The 
 driver of a vehicle which has been lawfully stopped may be 
 required by an officer to submit the vehicle and load to a 
 weighing by means of portable or stationary scales, and the 
 officer may require that the vehicle be driven to the nearest 
 available scales 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 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 a truck or combination of vehicles 
 registered for or weighing in excess of 12,000 pounds shall 
 proceed to the scale site and submit the vehicle to weighing and 
 inspection. 

    Subd. 2.    Unloading.  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 an axle exceeds the 
 lawful gross weight prescribed by section 169.825, by 2,000 
 pounds or more, or the weight on 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 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 an axle or group of consecutive 
 axles on a road restricted in accordance with section 169.87.  
 Material unloaded must be cared for by the owner or driver of 
 the vehicle at the risk of the owner or driver. 

    Subd. 3.    Misdemeanor.  A driver of a vehicle who (1) 
 fails or refuses to stop and submit the vehicle and load to a 
 weighing as required in this section, (2) 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, or (3) fails to comply with an official traffic control 
 device as authorized by section 169.06 that directs the driver 
 to the nearest scale is guilty of a misdemeanor. 

    Subd. 4.    Arrest.  A peace officer may arrest the 
 driver of a motor vehicle if the peace officer has probable 
 cause to believe that the driver has operated the vehicle in 
 violation of subdivision 3 within the past four hours. 

    Subd. 5.    Identification of driver.  A person who owns 
 or leases a motor vehicle that a peace officer has probable 
 cause to believe has been operated in violation of subdivision 3 
 must identify the driver of the motor vehicle upon request of 
 the peace officer.  Violation of this subdivision is a petty 
 misdemeanor. 

    Subd. 6.    Officer defined.  When used in this section, 
 the word "officer" means a peace officer or an employee of the 
 department of public safety described in section 299D.06. 

    HIST: (2720-277) 1937 c 464 s 127; 1951 c 212 s 1; 1953 c 719 
 s 1; 1975 c 68 s 3; 1977 c 248 s 9; 1981 c 321 s 6; 1983 c 198 s 
 11; 1996 c 455 art 3 s 21; 1997 c 159 art 2 s 30; 1997 c 230 s 3