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SF 2658

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 03/04/2010 11:47am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Engrossment

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A bill for an act
relating to transportation; authorizing road authority to issue annual permit for
overweight vehicle transporting milk under certain circumstances; amending
Minnesota Statutes 2008, section 169.86, subdivision 5; proposing coding for
new law in Minnesota Statutes, chapter 169.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 169.86, subdivision 5, is amended to read:


Subd. 5.

Fee; proceeds deposited; appropriation.

The commissioner, with respect
to highways under the commissioner's jurisdiction, may charge a fee for each permit
issued. All such fees for permits issued by the commissioner of transportation shall be
deposited in the state treasury and credited to the trunk highway fund. Except for those
annual permits for which the permit fees are specified elsewhere in this chapter, the fees
shall be:

(a) $15 for each single trip permit.

(b) $36 for each job permit. A job permit may be issued for like loads carried on
a specific route for a period not to exceed two months. "Like loads" means loads of the
same product, weight, and dimension.

(c) $60 for an annual permit to be issued for a period not to exceed 12 consecutive
months. Annual permits may be issued for:

(1) motor vehicles used to alleviate a temporary crisis adversely affecting the safety
or well-being of the public;

(2) motor vehicles which travel on interstate highways and carry loads authorized
under subdivision 1a;

(3) motor vehicles operating with gross weights authorized under section 169.826,
subdivision 1a
;

(4) special pulpwood vehicles described in section 169.863;

(5) motor vehicles bearing snowplow blades not exceeding ten feet in width;

(6) noncommercial transportation of a boat by the owner or user of the boat; deleted text begin and
deleted text end

(7) motor vehicles carrying bales of agricultural products authorized under section
169.862new text begin ; and
new text end

new text begin (8) special milk hauling vehicles authorized under section 169.867new text end .

(d) $120 for an oversize annual permit to be issued for a period not to exceed 12
consecutive months. Annual permits may be issued for:

(1) mobile cranes;

(2) construction equipment, machinery, and supplies;

(3) manufactured homes and manufactured storage buildings;

(4) implements of husbandry when the movement is not made according to the
provisions of paragraph (i);

(5) double-deck buses;

(6) commercial boat hauling; and

(7) three-vehicle combinations consisting of two empty, newly manufactured trailers
for cargo, horses, or livestock, not to exceed 28-1/2 feet per trailer; provided, however,
the permit allows the vehicles to be moved from a trailer manufacturer to a trailer dealer
only while operating on twin-trailer routes designated under section 169.81, subdivision 3,
paragraph (c).

(e) For vehicles which have axle weights exceeding the weight limitations of
sections 169.822 to 169.829, an additional cost added to the fees listed above. However,
this paragraph applies to any vehicle described in section 168.013, subdivision 3,
paragraph (b), but only when the vehicle exceeds its gross weight allowance set forth in
that paragraph, and then the additional cost is for all weight, including the allowance
weight, in excess of the permitted maximum axle weight. The additional cost is equal
to the product of the distance traveled times the sum of the overweight axle group cost
factors shown in the following chart:

Overweight Axle Group Cost Factors
Weight (pounds)
Cost Per Mile For Each Group Of:
exceeding weight
limitations on axles
Two
consecutive
axles spaced
within 8 feet
or less
Three
consecutive
axles spaced
within 9 feet
or less
Four consecutive
axles spaced within
14 feet or less
0-2,000
.12
.05
.04
2,001-4,000
.14
.06
.05
4,001-6,000
.18
.07
.06
6,001-8,000
.21
.09
.07
8,001-10,000
.26
.10
.08
10,001-12,000
.30
.12
.09
12,001-14,000
Not
permitted
.14
.11
14,001-16,000
Not
permitted
.17
.12
16,001-18,000
Not
permitted
.19
.15
18,001-20,000
Not
permitted
Not
permitted
.16
20,001-22,000
Not
permitted
Not
permitted
.20

The amounts added are rounded to the nearest cent for each axle or axle group. The
additional cost does not apply to paragraph (c), clauses (1) and (3).

For a vehicle found to exceed the appropriate maximum permitted weight, a cost-per-mile
fee of 22 cents per ton, or fraction of a ton, over the permitted maximum weight is imposed
in addition to the normal permit fee. Miles must be calculated based on the distance
already traveled in the state plus the distance from the point of detection to a transportation
loading site or unloading site within the state or to the point of exit from the state.

(f) As an alternative to paragraph (e), an annual permit may be issued for overweight,
or oversize and overweight, construction equipment, machinery, and supplies. The fees
for the permit are as follows:

Gross Weight (pounds) of Vehicle
Annual Permit Fee
90,000
or less
$200
90,001
- 100,000
$300
100,001
- 110,000
$400
110,001
- 120,000
$500
120,001
- 130,000
$600
130,001
- 140,000
$700
140,001
- 145,000
$800

If the gross weight of the vehicle is more than 145,000 pounds the permit fee is determined
under paragraph (e).

(g) For vehicles which exceed the width limitations set forth in section 169.80 by
more than 72 inches, an additional cost equal to $120 added to the amount in paragraph (a)
when the permit is issued while seasonal load restrictions pursuant to section 169.87 are
in effect.

(h) $85 for an annual permit to be issued for a period not to exceed 12 months, for
refuse-compactor vehicles that carry a gross weight of not more than: 22,000 pounds on
a single rear axle; 38,000 pounds on a tandem rear axle; or, subject to section 169.828,
subdivision 2
, 46,000 pounds on a tridem rear axle. A permit issued for up to 46,000
pounds on a tridem rear axle must limit the gross vehicle weight to not more than 62,000
pounds.

(i) For vehicles exclusively transporting implements of husbandry, an annual permit
fee of $24. A vehicle operated under a permit authorized by this paragraph may be moved
at the discretion of the permit holder without prior route approval by the commissioner if:

(1) the total width of the transporting vehicle, including load, does not exceed 14 feet;

(2) the vehicle is operated only between sunrise and 30 minutes after sunset, and is
not operated at any time after 12:00 noon on Sundays or holidays;

(3) the vehicle is not operated when visibility is impaired by weather, fog, or other
conditions that render persons and other vehicles not clearly visible at 500 feet;

(4) the vehicle displays at the front and rear of the load or vehicle a pair of flashing
amber lights, as provided in section 169.59, subdivision 4, whenever the overall width of
the vehicle exceeds 126 inches; and

(5) the vehicle is not operated on a trunk highway with a surfaced roadway width of
less than 24 feet unless such operation is authorized by the permit.

A permit under this paragraph authorizes movements of the permitted vehicle on an
interstate highway, and movements of 75 miles or more on other highways.

(j) $300 for a motor vehicle described in section 169.8261. The fee under this
paragraph must be deposited as follows:

(1) in fiscal years 2005 through 2010:

(i) the first $50,000 in each fiscal year must be deposited in the trunk highway fund
for costs related to administering the permit program and inspecting and posting bridges;

(ii) all remaining money in each fiscal year must be deposited in a bridge inspection
and signing account in the special revenue fund. Money in the account is appropriated
to the commissioner for:

(A) inspection of local bridges and identification of local bridges to be posted,
including contracting with a consultant for some or all of these functions; and

(B) erection of weight-posting signs on local bridges; and

(2) in fiscal year 2011 and subsequent years must be deposited in the trunk highway
fund.

(k) Beginning August 1, 2006, $200 for an annual permit for a vehicle operating
under authority of section 169.824, subdivision 2, paragraph (a), clause (2).

Sec. 2.

new text begin [169.867] SPECIAL MILK HAULING PERMIT.
new text end

new text begin Subdivision 1. new text end

new text begin Permit. new text end

new text begin A road authority may issue an annual permit authorizing a
single-unit vehicle to haul milk at weights that exceed the limitations provided in sections
169.823 and 169.824 by ten percent. The fee for this permit is as provided in section
169.86, subdivision 5, paragraph (c).
new text end

new text begin Subd. 2. new text end

new text begin Expiration. new text end

new text begin A permit under subdivision 1 may only be issued before
August 1, 2012.
new text end

new text begin Subd. 3. new text end

new text begin Requirements; restrictions. new text end

new text begin A vehicle operating under a permit under
subdivision 1:
new text end

new text begin (1) is subject to seasonal load restrictions under section 169.87;
new text end

new text begin (2) may not take advantage of seasonal weight increases authorized by section
169.826;
new text end

new text begin (3) is subject to bridge load limits posted under section 169.84;
new text end

new text begin (4) may not be operated on the interstate highway system; and
new text end

new text begin (5) may not be operated with a load that exceeds the manufacturer's gross vehicle
weight rating as affixed to the vehicle, or other certification of gross vehicle weight rating
complying with Code of Federal Regulations, title 49, parts 567.4 to 567.7.
new text end