Key: (1) language to be deleted (2) new language
Laws of Minnesota 1983 CHAPTER 198--S.F.No. 883 An act relating to transportation; modifying the definition of truck-tractor to include the power unit of automobile carriers; adjusting the motor vehicle registration tax on certain trailers; requiring proof of payment of the federal heavy use tax on heavy trucks; increasing the maximum allowable width on vehicles from 8 to 8-1/2 feet; allowing special permits for the transport of manufactured home frames; modifying vehicle length requirements to allow longer semitrailers and vehicle combinations; modifying the gross weight seasonal increase to include all axle combinations; modifying the distance a peace officer may require a vehicle to travel to a scale and defining a suitable place for unloading an overweight vehicle; modifying the civil penalty for overweight vehicles; increasing width requirement on loads of baled hay before flashing amber lights are required; requiring the commissioner to comply with criteria for the addition of federal qualifying highways; amending Minnesota Statutes 1982, sections 168.011, subdivision 12; 168.013, subdivision 1d, and by adding a subdivision; 169.01, subdivision 7; 169.80, subdivision 2; 169.81, subdivisions 2 and 3; 169.825, subdivision 11; 169.85; 169.86, by adding a subdivision; 169.862; and 169.871, subdivision 1, and by adding a subdivision; proposing new law coded in Minnesota Statutes, chapter 169; repealing Minnesota Statutes 1982, sections 169.80, subdivision 2a; and 169.81, subdivisions 3a, 3b, and 7. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 1982, section 168.011, subdivision 12, is amended to read: Subd. 12. [TRUCK-TRACTOR.] "Truck-tractor" meansany: (a) a motor vehicle designed and used primarily for drawing other vehicles and notsoconstructedasto carry a load other than a part of the weight of the vehicle and loadsodrawn; and (b) a motor vehicle designed and used primarily for drawing other vehicles used exclusively for transporting motor vehicles and capable of carrying motor vehicles on its own structure. Sec. 2. Minnesota Statutes 1982, section 168.013, subdivision 1d, is amended to read: Subd. 1d. [TRAILERS.] On trailers the annual taxshall beis based on total gross weight andshall beis 30 percent of the Minnesota base rate prescribed in subdivision 1e, when the gross weight is 15,000 pounds or less and when the gross weight of a trailer is more than 15,000 pounds, the tax for the first eight years of vehicle life is 100 percent of the tax imposed in the Minnesota base rate schedule and during the ninth and succeeding years of vehicle life the tax is 75 percent of the Minnesota base rate prescribed by subdivision 1e, but in no event less than $5, provided, that the tax on trailers with a total gross weight of 3,000 pounds or lessshall beis payable biennially. Farm trailers with a gross weight in excess of 10,000 pounds and as described in section 168.011, subdivision 17, are taxed as farm trucks as prescribed in subdivision 1c. Sec. 3. Minnesota Statutes 1982, section 168.013, is amended by adding a subdivision to read: Subd. 20. [FEDERAL HEAVY VEHICLE USE TAX; PROOF OF PAYMENT.] No person may register a motor vehicle that, along with the trailers and semitrailers customarily used with the same type of motor vehicle, has a taxable gross weight of at least 33,000 pounds and is subject to the use tax imposed by the Internal Revenue Code of 1954, section 4481, unless proof of payment of the use tax, if required and in a form as may be prescribed by the secretary of the treasury, is presented. Sec. 4. Minnesota Statutes 1982, section 169.01, subdivision 7, is amended to read: Subd. 7. [TRUCK-TRACTOR.] "Truck-tractor" means: (a)everya motor vehicle designed and used primarily for drawing other vehicles and notsoconstructedasto carry a load other than a part of the weight of the vehicle and loadsodrawn ; and (b) a motor vehicle designed and used primarily for drawing other vehicles used exclusively for transporting motor vehicles and capable of carrying motor vehicles on its own structure. Sec. 5. Minnesota Statutes 1982, section 169.80, subdivision 2, is amended to read: Subd. 2. [OUTSIDE WIDTH.] The total outside width ofanya vehicle exclusive of rear view mirrors or load securement devices which are not an integral part of the vehicle and not exceeding three inches on each side, or the loadthereon shallmay not exceedeight feet102 inches except that the outside width of a farm tractor, or a vehicle owned by a political subdivision and used exclusively for the purpose of handling sewage sludge from sewage treatment facilities to farm fields or disposal sites,shallmay not exceed 12 feet, and except as otherwise provided in this section. A vehicle exceedingeight feet102 inches in total outside width, owned by a political subdivision and used for the purpose of transporting or applying sewage sludge to farm fields or disposal sitesshallmay not transport sludge for distances greater than 15 miles, norshallmay it be used for transportation of sewage sludge or return travel between the hours of sunset and sunrise, or at any other time when visibility is impaired by weather, smoke, fog, or other conditions rendering persons and vehicles not clearly discernible on the highway at a distance of 500 feet. The total outside width of a low bed trailer or equipment dolly, and the loadthereon, used exclusively for transporting farm machinery and construction equipmentshallmay not exceed nine feet in width except thatanya low bed trailer or equipment dolly with a total outside width, including the loadthereon, in excess ofeight feet shall102 inches may not be operated on any interstate highway without first having obtained a permit for the operationpursuant tounder section 169.86. The vehicleshallmust display 12-inch square red flags as markers at the front and rear of the left side of the vehicle. The total outside width of a trackless trolley car or passenger motor bus, operated exclusively inanya city,or contiguous cities in this state,shallmay not exceed nine feet.A passenger motor bus, not exceeding eight and one-half feet inwidth, may operate within and between the cities of this state.The total outside width of loads of forest products whenloaded crossways shall not exceed 100 inches, provided the loadis securely bound with a chain attached to front and rear of theloading platform of the vehicle so as to hold the load securelyin place.Sec. 6. Minnesota Statutes 1982, section 169.86, is amended by adding a subdivision to read: Subd. 3a. The commissioner or local authority may not deny a permit for the transport to a manufacturing plant of manufactured home frames not more than 15-1/2 feet in width during periods of seasonal weight restrictions unless the load exceeds the weight restrictions. Sec. 7. Minnesota Statutes 1982, section 169.81, subdivision 2, is amended to read: Subd. 2. [LENGTH OF VEHICLES.] (a) No single unit motor vehicle, except truck cranes whichshallmay not exceed 45 feet, unladen or with loadshallmay exceed a length of 40 feet extreme overall dimensions inclusive of front and rear bumpers, except that the governing body ofanya city isherebyauthorized byordinancepermit to provide for the maximum length ofanya 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 ofsucha city; provided, thatsuch ordinance shallthe permit may not prescribe a length less than that permitted by state law.Any suchA motor vehicle operated in compliance withsuch ordinancethe permit on the streets or highways ofsuchthe cityshallis notbe deemed to bein violation of this chapter.A trucktractor and semitrailer shall be regarded as a combination ofvehicles for the purpose of determining lawful length.(b) No single semitrailer may have an overall length, exclusive of non-cargo-carrying accessory equipment, including refrigeration units or air compressors, necessary for safe and efficient operation mounted or located on the end of the semitrailer adjacent to the truck or truck-tractor, in excess of 48 feet, except as provided in paragraph (d). No single trailer may have an overall length inclusive of tow bar assembly and exclusive of rear protective bumpers which 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, exclusive of non-cargo-carrying accessory equipment, including refrigeration units or air compressors, necessary for safe and efficient operation mounted or located on the end of the semitrailer or trailer adjacent to the truck or truck-tractor, and further exclusive of the tow bar assembly, in excess of 28-1/2 feet. (d) The commissioner may issue an annual permit for a semitrailer in excess of 48 feet in length, if the distance from the kingpin to the centerline of the rear axle group of the semitrailer does not exceed 41 feet and if a combination of vehicles, which includes a semitrailer in excess of 48 feet for which a permit has been issued under this paragraph, does not exceed an overall length of 65 feet. The annual fee for a permit issued under this paragraph is $36. Sec. 8. Minnesota Statutes 1982, section 169.81, subdivision 3, is amended to read: Subd. 3. [LENGTH OF VEHICLE COMBINATIONSAND SEMITRAILERSAND TRUCK-TRACTORS.] (a) Statewide, except as provided inclause(c)paragraph (b), no combination of vehicles coupled together, including truck-tractor and semitrailer,shallmay consist of more than two units and no combination of vehicles, unladen or with load,shallmay exceed a total length of6065 feet. The length limitationshalldoes not apply to the transportation of telegraph poles, telephone poles, electric light and power poles, piling, or pole length pulpwood, and is subject to the following further exceptions: the length limitationsshalldo not apply to vehicleswhentransporting 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 loadshallmust be equipped with a sufficient number of clearance lamps and marker lamps 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 unitsshalldoes 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,shallmay consist of more than three units and no combination of those vehiclesshallmay exceed a total length of6065 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 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 combinationshall be deemedare 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 subdivisionshall be deemed to alteralters orchangechanges the authority vested in local authorities under the provisions of section 169.04.This subdivision shall not apply to theoperation of combinations of vehicles subject to the provisionsof section 169.861.(b)No single semitrailer or trailer shall have an overalllength, exclusive of rear protective bumpers which do notincrease the overall length by more than six inches and furtherexclusive of accessory equipment mounted or located on the endof the semitrailer or trailer adjacent to the truck ortruck-tractor, in excess of 45 feet, except for thosesemitrailers governed by subdivisions 3a, 3b and 7. Forpurposes of determining compliance with the provisions of thissubdivision, the length of the semitrailer or trailer shall bedetermined separate from the overall length of the combinationof vehicles.(c) AThe following combination of vehiclesbetween 55 and65 feet in lengthregularly engaged in the transportation of commoditiesand consisting of a truck and semitrailer or atruck-tractor and semitrailer drawing one additional semitrailerwhich may be equipped with an auxiliary dolly or a truck-tractorand semitrailer drawing one full trailermay 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 andtruckterminalsand marshalling yards, 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 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; and (4) a truck-tractor and semitrailer designed and used exclusively for the transportation of motor vehicles and exceeding an overall length of 65 feet including the load.AllVehicles operated under the provisions of this sectionshallmust conform to the standards for those vehiclesasprescribed by the United States Department of Transportation, Federal Highway Administration, Bureau of Motor Carrier Safety,andasmay beamended.The total length of the combination,unladen or with load, shall not exceed 65 feet. For the purposeof registration, trailers coupled with a truck-tractorsemitrailer combination shall be deemed semitrailers.Sec. 9. Minnesota Statutes 1982, section 169.825, subdivision 11, is amended to read: Subd. 11. [GROSS WEIGHT SEASONAL INCREASES.] (a) The limitations provided in this sectionshall beare increased: (1) by ten percent from January 1 to March 7 each winter, statewide; (2) by ten percent from December 1 through December 31 each winter in the zone bounded as follows: beginning at Pigeon River in the northeast corner of Minnesota; thence in a southwesterly direction along the north shore of Lake Superior along Trunk Highway No. 61 to the junction with Trunk Highway No. 210; thence westerly along Trunk Highway No. 210 to the junction with Trunk Highway No. 10; thence northwesterly along Trunk Highway No. 10 to the junction with Trunk Highway No. 59; thence northerly along Trunk Highway No. 59 to the junction with Trunk Highway No. 2; thence westerly along Trunk Highway No. 2 to the junction with Trunk Highway No. 32; thence northerly along Trunk Highway No. 32 to the junction with Trunk Highway No. 11; thence northeast along Trunk Highway No. 11 to the east line of Range 43W to the Minnesota-Canadian Border; thence easterly along said Border to Lake Superior;. (b) The duration ofanya ten percent increaseshall bein load limits is subject to limitation by order of the commissioner;, subject to implementation of springtime load restrictions, or March 7. (c) When the ten percent increase is in effect, a permitshall beis required foranya motor vehicle, trailer, or semitrailer combination that has a gross weight in excess of 80,000 pounds, an axle group weight in excess of that prescribed in subdivision 10, or a single axle weight in excess of 20,000 pounds and which travels on interstate routes;. (d) Inallcases where gross weights in an amount less thanthosethat set forth in this section are fixed, limited, or restricted onanya highway or bridge by orpursuant to anyotherunder another section of this chapter, the lesser gross weight assofixed, limited, or restrictedshallmay not be exceeded andshallmust control instead of the gross weights set forth in this section;. (e) Notwithstanding any other provision of this subdivision, no vehicleshallmay exceed a total gross vehicle weight of 80,000 pounds on routes which have not been designated by the commissionerpursuant tounder section 169.832, subdivision 11. Sec. 10. [169.835] [FEDERAL QUALIFYING HIGHWAYS.] The commissioner of transportation may not add routes to the system of federal qualifying highways submitted to the federal highway administration in accordance with the Surface Transportation Assistance Act of 1982, United States Code, title 49, section 2311, except in compliance with the criteria established by the commissioner for the addition of routes. Sec. 11. Minnesota Statutes 1982, section 169.85, is amended to read: 169.85 [WEIGHING; PENALTY.] The driver ofanya vehicle which has been lawfully stopped may be required by a peace officer to submit the vehicle and load to a weighing by means of portable or stationary scales, and the peace officer may require that the vehicle be driven to the nearest available scalesin the event the scales are withinif 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. Whenanya 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 ofeverya truck or combination of vehicles registered for or weighing in excess of 12,000 pounds, and the driver ofeverya charter bus, except a bus registered in Minnesota, shall proceed to the scale site and submit the vehicle to weighing and inspection. 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 onanyan axle exceeds the lawful gross weight prescribed by section 169.825, by 2,000 pounds or more, or the weight onanya 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 onanyan axle or group of consecutive axles exceeds the maximum lawful gross weights prescribed by section 169.825; or (c) the weight is unlawful onanyan axle or group of consecutive axles onanya road restricted in accordance with section 169.87.AllMaterialsounloadedshallmust be cared for by the owner or driver of the vehicle at the risk of the owner or driver.AnyA driver of a vehicle who fails or refuses to stop and submit the vehicle and load to a weighing as required in this section, or who 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, is guilty of a misdemeanor. Sec. 12. Minnesota Statutes 1982, section 169.862, is amended to read: 169.862 [PERMITS FOR WIDE LOADS OF BALED HAY.] The commissioner of transportation,with respect to highways underhisthe commissioner's jurisdiction, and local authorities,with respect to highways under their jurisdiction, may issue an annual permit to enable a vehicle carrying round baled hay, with a total outside width of the vehicle or the loadthereonnot exceeding 11-1/2 feet, to be operated on public streets and highways. Permits issuedpursuant tounder this sectionshall beare governed by the applicable provisions of section 169.86 except as otherwise provided herein,and, in additionshall, carry the following restrictions: (a) The vehiclesshallmay not be operated between sunset and sunrise, when visibility is impaired by weather, fog, or other conditions rendering persons and vehicles not clearly visible at a distance of 500 feet, or on Saturdays, Sundays, and holidays. (b) The vehiclesshallmay not be operated on interstate highways. (c) The vehiclesshallmay not be operated on a trunk highway with a pavement less than 24 feet wide. (d) A vehicle operated under the permitshallmust be equipped with a retractable or removable mirror on the left side so located that it will reflect to the driver a clear view of the highway for a distance of at least 200 feet to the rear of the vehicle. Simultaneous flashing amber lights, as provided in section 169.59, subdivision 4,shallmust be displayed to the front and rear of the vehicle. The flashing amber lightsshallmust be lighted only when the width of the load exceedseightfeet102 inches. The flashing amber light systemshall beis in addition to and separate from the turn signal system and the hazard warning light system. (e) A vehicle operated under the permitshallmust display red, orange, or yellow flags, 12 inches square, as markers at the front and rear,and on both sides of the load. The loadshallmust be securely bound to the transporting vehicle. The fee for the permitshall beis $25. Sec. 13. Minnesota Statutes 1982, section 169.871, subdivision 1, is amended to read: Subdivision 1. [CIVIL LIABILITY.] 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: (a) If the total gross excess weight is not more than3,0001,000 pounds, one cent per pound for each pound in excess of the legal limit; (b) If the total gross excess weight is more than3,0001,000 pounds but not more than4,0003,000 pounds, $10 plus five cents per pound for each pound in excess ofthe legal limit1,000 pounds; (c) If the total gross excess weight is more than4,0003,000 pounds but not more than6,0005,000 pounds, $110 plus15ten cents per pound for each pound in excess ofthe legallimit3,000 pounds;or(d) If the total gross excess weight is more than6,0005,000 pounds but not more than 7,000 pounds, $310 plus3015 cents per pound for each pound in excess ofthe legal limit5,000 pounds; (e) 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. Any penalty imposed upon a defendant under thissectionsubdivision shall not exceed themaximumpenalty 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 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 he or another may also be liable for the civil penalties provided herein in the same or separate proceedings. Sec. 14. Minnesota Statutes 1982, section 169.871, is amended by adding a subdivision to read: Subd. 1a. The owner or lessee of a vehicle that is operated with a gross weight in excess of a weight limit imposed by permit under sections 169.86 and 169.862 and a shipper who ships or tenders goods for shipment in a single truck or combination vehicle that exceeds a weight limit permitted under sections 169.86 or 169.862 is liable for a civil penalty at a rate of five cents per pound for each pound in excess of the weight permitted under section 169.86 or 169.862, or $100, whichever is greater. 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 may not be applied toward payment of the civil penalty under this subdivision. A peace officer who cites a driver for a violation of the weight limitations established by permit pursuant to section 169.86 or 169.862 shall give written notice to the driver that the driver or another may also be liable for the civil penalty provided in this subdivision in the same or separate proceedings. Sec. 15. [REPEALER.] Minnesota Statutes 1982, sections 169.80, subdivision 2a; and 169.81, subdivisions 3a, 3b, and 7, are repealed. Sec. 16. [EFFECTIVE DATE.] Sections 1, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 14 are effective the day following final enactment. Sections 2 and 3 are effective for taxable years beginning after December 31, 1983. Section 13 is effective July 1, 1983. Approved May 19, 1983
Official Publication of the State of Minnesota
Revisor of Statutes