Minnesota Session Laws - 1989, Regular Session

  

                         Laws of Minnesota 1989 

                        CHAPTER 299-S.F.No. 738 
           An act relating to transportation; providing for 
          special permits for vehicles transporting pole-length 
          pulpwood; setting a fee; providing for payment of 
          costs for improving or establishing railroad grade 
          crossings; clarifying source and providing for 
          expenditures of rail service improvement funds; 
          authorizing commissioner of transportation to enter 
          into contracts for rail service improvement and to use 
          federal funds; clarifying purposes of regional rail 
          authorities; amending Minnesota Statutes 1988, 
          sections 169.86, subdivision 5; 219.071, subdivision 
          2; 219.072; 222.49; 222.50, subdivisions 4, 5, and 7; 
          222.63, subdivision 8; and 398A.02; proposing coding 
          for new law in Minnesota Statutes, chapter 169; 
          repealing Minnesota Statutes 1988, section 222.50, 
          subdivision 8. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  Minnesota Statutes 1988, section 169.86, 
subdivision 5, is amended to read: 
    Subd. 5.  [FEES.] 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) refuse compactor vehicles that carry a gross weight up 
to but not in excess of 22,000 pounds on a single rear axle and 
not in excess of 38,000 pounds on a tandem rear axle; 
    (2) motor vehicles used to alleviate a temporary crisis 
adversely affecting the safety or well-being of the public; 
    (3) motor vehicles which travel on interstate highways and 
carry loads authorized under subdivision 1a; 
    (4) motor vehicles operating with gross weights authorized 
under section 169.825, subdivision 11, paragraph (a), clause 
(3); and 
    (5) special pulpwood vehicles described in section 2.  
    (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) truck cranes; 
    (2) construction equipment, machinery, and supplies; 
     (3) manufactured homes; 
     (4) farm equipment when the movement is not made according 
to the provisions of section 169.80, subdivision 1, paragraphs 
(a) to (f); 
     (5) double-deck buses; 
     (6) commercial boat hauling.  
     (e) for vehicles which have axle weights exceeding the 
weight limitations of section 169.825, an additional cost added 
to the fees listed above.  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         Two consec-    Three consec-   Four consec-
 weight limi-      utive axles    utive axles     utive axles
 tations on        spaced within  spaced within   spaced with- 
 axles             8 feet or      9 feet or       in 14 feet 
                   less           less            or less
      0-2,000      .100           .040            .036
  2,001-4,000      .124           .050            .044
  4,001-6,000      .150           .062            .050
  6,001-8,000      Not permitted  .078            .056
  8,001-10,000     Not permitted  .094            .070
 10,001-12,000     Not permitted  .116            .078
 12,001-14,000     Not permitted  .140            .094
 14,001-16,000     Not permitted  .168            .106
 16,001-18,000     Not permitted  .200            .128
 18,001-20,000     Not permitted  Not permitted   .140
 20,001-22,000     Not permitted  Not permitted   .168
     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).  
     (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. 
    Sec. 2.  [169.863] [SPECIAL PULPWOOD VEHICLE PERMIT.] 
    Subdivision 1.  [SPECIAL VEHICLE.] The commissioner may 
issue a permit for a vehicle that meets the following 
requirements: 
    (a) There must be no more than two support points for the 
vehicle or for each vehicle of a vehicle combination.  The 
support point of each axle group must be capable of distributing 
the load equally to each axle of the group with a variance of no 
more than 3,000 pounds between any two axles of the group. 
    (b) The maximum wheel load may not exceed the tire 
manufacturer's recommended load or the following weight limits, 
whichever is less: 
    (1) front steering axles, 550 pounds per inch; 
    (2) other single axles, 500 pounds per inch; 
    (3) tandem axles, 450 pounds per inch; and 
    (4) tridem or quad axle groups, 425 pounds per inch. 
    (c) The axle group weights must comply with the limitations 
of section 169.825, subdivision 10. 
    (d) The vehicle may not be equipped with a variable load 
axle, unless the variable load axle cannot be operated from the 
cab of the vehicle.  
    (e) The vehicle transports pole-length pulpwood, carries a 
gross vehicle weight of not more than 82,000 pounds, and has six 
axles.  
    Subd. 2.  [PERMIT RESTRICTIONS.] A vehicle operating under 
a permit issued under this section may not travel on an 
interstate highway.  The permit does not authorize the vehicle 
to exceed allowable gross weights that restrict travel on a 
highway or bridge under the authority of the commissioner or a 
local road authority. 
    Sec. 3.  Minnesota Statutes 1988, section 219.071, 
subdivision 2, is amended to read: 
    Subd. 2.  [PAYMENT OF COSTS.] If a grade-crossing surface, 
as defined in section 219.16, needs improvement, repair or 
maintenance, the cost for the improvement, repair or maintenance 
may be paid jointly by the owner or lessee of the track, the 
road authority having jurisdiction over the public highway 
involved and funds available to the department for 
grade-crossing surfaces from the following sources:  
    (1) money appropriated to the department in the future for 
the purposes of this section; 
    (2) available federal funds allocated for the 
grade-crossing program established by this section; and 
    (3) money acquired by the department by gift, grant, or 
contribution from any source for purposes of this section.  
    Sec. 4.  Minnesota Statutes 1988, section 219.072, is 
amended to read: 
    219.072 [ESTABLISHMENT OF NEW GRADE CROSSINGS.] 
    The establishment of all new grade crossings must be 
approved by the commissioner.  When establishment of a new grade 
crossing is desired, either by the public officials having the 
necessary authority or by the railroad company, and the public 
officials and the railroad company cannot agree as to need, 
location, or type of warning devices required, either party may 
file a petition with the commissioner setting forth the facts 
and submitting the matter for determination.  The commissioner, 
after notice as the commissioner deems reasonable, shall conduct 
a hearing and issue an order determining the matters submitted.  
If the commissioner approves the establishment of a new grade 
crossing, the commissioner may in the same order direct that the 
costs, including the costs of the type of warning devices 
required, be divided between the railroad company and the public 
authority involved as the parties may agree, or, if they fail to 
agree, then as determined by the commissioner on the basis of 
benefit to the users of each.  However, the commissioner may 
defer determination of the division of costs to a subsequent 
order to be made on the basis of evidence previously taken.  
    Sec. 5.  Minnesota Statutes 1988, section 222.49, is 
amended to read: 
    222.49 [RAIL SERVICE IMPROVEMENT ACCOUNT.] 
    The rail service improvement account is created in the 
special revenue fund in the state treasury.  The commissioner 
shall deposit in this account all money appropriated to or 
received by the department for the purpose of rail service 
improvement, including bond proceeds as authorized by Article 
XI, Section 5, Clause (i) of the Minnesota Constitution and 
federal money, but excluding proceeds of state bonds or other 
funds appropriated to the commissioner from the state 
transportation fund for the acquisition or betterment of 
property pertaining to the state rail bank established by 
section 222.63, and excluding income of the state rail bank and 
any other funds appropriated for its maintenance or 
improvement.  All money so deposited is appropriated to the 
department for expenditure for rail service improvement in 
accordance with applicable state and federal law.  This 
appropriation shall not lapse but shall be available until the 
purpose for which it was appropriated has been accomplished.  No 
money appropriated to the department for the purposes of 
administering the rail service improvement program shall be 
deposited in the rail service improvement account nor shall such 
administrative costs be paid from the account. 
    Sec. 6.  Minnesota Statutes 1988, section 222.50, 
subdivision 4, is amended to read: 
    Subd. 4.  The commissioner may negotiate and enter into 
contracts for the purpose of rail line rehabilitation and for 
the purpose of assisting in the payment of up to 50 percent of 
the nonfederal share of a rehabilitation project under service 
improvement and may incorporate funds available from the federal 
rail service continuation program.  The participants in these 
contracts shall be railroads, rail users and the department, and 
may be political subdivisions of the state and the federal 
government.  In such contracts, participation by all parties 
shall be voluntary.  The commissioner may provide a portion of 
the money required to carry out the terms of any such contract 
by expenditure from the rail service improvement account. 
    Sec. 7.  Minnesota Statutes 1988, section 222.50, 
subdivision 5, is amended to read: 
    Subd. 5.  In making any contract pursuant to subdivision 4 
the commissioner may: 
    (a) Stipulate minimum operating standards for rail lines 
designed to achieve reasonable transportation service for 
shippers and to achieve best use of funds invested in rail line 
rehabilitation; 
    (b) Require a portion of the total assistance for improving 
a rail line to be loaned to the railroad by rail users and 
require the railroad to reimburse rail users for any loan on the 
basis of use of the line and the revenues produced when the line 
has been improved; and 
    (c) Determine the terms and conditions under which all or 
any portion of state funds allocated shall be repaid to the 
department by the railroads.  Reimbursement may be made as a 
portion of the increased revenue derived from the improved rail 
line.  Any reimbursement received by the department pursuant to 
this clause shall be deposited in the rail service improvement 
account and shall be appropriated exclusively for rehabilitating 
other rail lines in the state pursuant to subdivision 4; and. 
    (d) Require, in lieu of reimbursement as provided in clause 
(c) of this subdivision, that the railroad establish and 
maintain a separate railroad fund to be used exclusively for 
rehabilitation of other rail lines in Minnesota, to which a 
portion of the increase in revenue derived from the improved 
rail line shall be credited.  The terms and conditions for use 
of money in the fund shall be stipulated in the contract.  The 
contract shall also stipulate a penalty for use of such money in 
a manner other than as set forth in the contract and require the 
railroad to report to the department at such times as the 
commissioner requires, concerning the disbursement of money from 
the fund and the general status of rail line improvements. 
    Sec. 8.  Minnesota Statutes 1988, section 222.50, 
subdivision 7, is amended to read: 
    Subd. 7.  The commissioner may expend money from the rail 
service improvement account for the following purposes: 
    (a) To pay interest adjustments on loans guaranteed under 
the state rail user loan guarantee program; 
    (b) To pay a portion of the costs of capital improvement 
projects designed to improve rail service including construction 
or improvement of short segments of rail line such as side 
track, team track and connections between existing lines, and 
construction and improvement of loading, unloading, storage and 
transfer facilities of a rail user; 
    (c) To acquire, maintain, manage and dispose of railroad 
right-of-way pursuant to subdivision 8 and the state rail bank 
program; 
    (d) To provide for aerial photography survey of proposed 
and abandoned railroad tracks for the purpose of recording and 
reestablishing by analytical triangulation the existing 
alignment of the inplace track; or 
    (e) To pay a portion of the costs of acquiring a rail line 
by a regional railroad authority established pursuant to chapter 
398A. 
    All money derived by the commissioner from the disposition 
of railroad right-of-way or of any other property acquired 
pursuant to sections 222.46 to 222.62 shall be deposited in the 
rail service improvement account. 
    Sec. 9.  Minnesota Statutes 1988, section 222.63, 
subdivision 8, is amended to read: 
    Subd. 8.  [RAIL BANK MAINTENANCE AND IMPROVEMENT ACCOUNTS.] 
A special accounts account shall be maintained in the state 
treasury, designated as the rail bank maintenance account and 
the rail bank improvement account, to record the receipts and 
expenditures of the commissioner of transportation for the 
maintenance and for the acquisition and betterment of rail bank 
property.  Expenditures of proceeds of state transportation 
bonds and any other amounts appropriated to the commissioner 
from the state transportation fund shall be recorded in the 
improvement account.  Funds received by the commissioner of 
transportation from rentals, fees, or charges for the use of 
rail bank property shall be credited to the maintenance account 
and used for the maintenance of that property and held as a 
reserve for maintenance expenses in an amount determined by the 
commissioner, and amounts received in the maintenance account in 
excess of the reserve requirements shall be transferred to 
the rail service improvement account.  All proceeds of the sale 
of abandoned rail lines shall be deposited in the rail service 
improvement account.  The improvement account shall be used only 
for the acquisition and betterment of abandoned rail lines and 
right-of-way.  All money to be deposited in those accounts this 
rail service improvement account as provided in this subdivision 
is appropriated to the commissioner of transportation for the 
purposes of this section.  The appropriations shall not lapse 
but shall be available until the purposes for which the funds 
are appropriated are accomplished.  
    Sec. 10.  Minnesota Statutes 1988, section 398A.02, is 
amended to read: 
    398A.02 [PURPOSE.] 
    The purpose of the regional railroad authorities act is to 
provide a means whereby one or more municipalities, with state 
and federal aids as may be available, may provide for the 
preservation and improvement of local rail service for 
agriculture, industry, or passenger traffic and provide for the 
preservation of abandoned rail right-of-way for future 
transportation uses, when determined to be practicable and 
necessary for the public welfare, particularly in the case of 
abandonment of local rail lines. 
    Sec. 11.  [REPEALER.] 
    Minnesota Statutes 1988, section 222.50, subdivision 8, is 
repealed. 
    Presented to the governor May 26, 1989 
    Signed by the governor May 26, 1989, 5:49 p.m.