Key: (1) language to be deleted (2) new language
KEY:stricken= old language to be removed underscored = new language to be added CHAPTER 289-H.F.No. 2188 An act relating to motor carriers; modifying and reorganizing provisions relating to allowable truck lengths and combinations; amending Minnesota Statutes 1994, sections 168.011, subdivisions 13 and 14; 168.013, subdivision 1e; 169.81, subdivision 2, and by adding a subdivision; and 169.86, subdivision 1; Minnesota Statutes 1995 Supplement, section 169.81, subdivision 3. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 1994, section 168.011, subdivision 13, is amended to read: Subd. 13. [TRAILER.] "Trailer" means any vehicle designed for carrying property or passenger on its own structure and for being drawn by a motor vehicle but shall not include a trailer drawn by a truck-tractor semitrailer combination, or an auxiliary axle on a motor vehicle which carries a portion of the weight of the motor vehicle to which it is attached. For the purpose of registration, trailers coupled with a truck-tractor, semitrailer combination are semitrailers. Sec. 2. Minnesota Statutes 1994, section 168.011, subdivision 14, is amended to read: Subd. 14. [SEMITRAILER.] "Semitrailer" means a vehicle of the trailer type so designed and used in conjunction with a truck-tractor that a considerable part of its own weight or that of its load rests upon and is carried by the truck-tractor and shall include a trailer drawn by a truck-tractor semitrailer combination. For the purpose of registration, trailers coupled with a truck-tractor, semitrailer combination are semitrailers. Sec. 3. Minnesota Statutes 1994, section 168.013, subdivision 1e, is amended to read: Subd. 1e. [TRUCKS; TRACTORS; COMBINATIONS; EXCEPTIONS.] On trucks and tractors except those in this chapter defined as farm trucks, on truck-tractor and semitrailer combinations except those defined as farm combinations, and on commercial zone vehicles, the tax based on total gross weight shall be graduated according to the Minnesota base rate schedule prescribed in this subdivision, but in no event less than $120. Minnesota Base Rate Schedule Scheduled taxes include five percent surtax provided for in subdivision 14 TOTAL GROSS WEIGHT IN POUNDS TAX A 0 - 1,500 $ 15 B 1,501 - 3,000 20 C 3,001 - 4,500 25 D 4,501 - 6,000 35 E 6,001 - 9,000 45 F 9,001 - 12,000 70 G 12,001 - 15,000 105 H 15,001 - 18,000 145 I 18,001 - 21,000 190 J 21,001 - 26,000 270 K 26,001 - 33,000 360 L 33,001 - 39,000 475 M 39,001 - 45,000 595 N 45,001 - 51,000 715 O 51,001 - 57,000 865 P 57,001 - 63,000 1015 Q 63,001 - 69,000 1185 R 69,001 - 73,280 1325 S 73,281 - 78,000 1595 T 78,001 - 81,000 1760 For purposes of the Minnesota base rate schedule, for vehicles with six or more axles in the "S" and "T" categories, the base rates are $1,520 and $1,620 respectively. For each vehicle with a gross weight in excess of 81,000 pounds an additional tax of $50 is imposed for each ton or fraction thereof in excess of 81,000 pounds, subject to subdivision 12. Truck-tractors except those herein defined as farm and commercial zone vehicles shall be taxed in accord with the foregoing gross weight tax schedule on the basis of the combined gross weight of the truck-tractor and any semitrailer or semitrailers which the applicant proposes to combine with the truck-tractor. Commercial zone trucks include only trucks, truck-tractors, and semitrailer combinations which are: (1) used by an authorized local cartage carrier operating under a permit issued under section 221.296 and whose gross transportation revenue consists of at least 60 percent obtained solely from local cartage carriage, and are operated solely within an area composed of two contiguous cities of the first class and municipalities contiguous thereto as defined by section 221.011, subdivision 17; or, (2) operated by an interstate carrier registered under section 221.60, or by an authorized local cartage carrier or other carrier receiving operating authority under chapter 221, and operated solely within a zone exempt from regulation by the interstate commerce commission pursuant to United States Code, title 49, section 10526(b). The license plates issued for commercial zone vehicles shall be plainly marked. A person operating a commercial zone vehicle outside the zone or area in which its operation is authorized is guilty of a misdemeanor and, in addition to the penalty therefor, shall have the registration of the vehicle as a commercial zone vehicle revoked by the registrar and shall be required to reregister the vehicle at 100 percent of the full annual tax prescribed in the Minnesota base rate schedule, and no part of this tax shall be refunded during the balance of the registration year. On commercial zone trucks the tax shall be based on the total gross weight of the vehicle and during each of the first eight years of vehicle life shall be 75 percent of the Minnesota base rate schedule. During the ninth and succeeding years of vehicle life the tax shall be 50 percent of the Minnesota base rate schedule. On trucks, truck-tractors and semitrailer combinations, except those defined as farm trucks and farm combinations, and except for those commercial zone vehicles specifically provided for in this subdivision, the tax for each of the first eight years of vehicle life shall be 100 percent of the tax imposed in the Minnesota base rate schedule, and during the ninth and succeeding years of vehicle life, the tax shall be 75 percent of the Minnesota base rate prescribed by this subdivision. For the purpose of registration, trailers coupled with a truck-tractor, semitrailer combination are semitrailers. Sec. 4. Minnesota Statutes 1994, section 169.81, subdivision 2, is amended to read: Subd. 2. [LENGTH OF SINGLE VEHICLE; EXCEPTIONS.] (a) Statewide, no singleunit motorvehicle, except mobilecranes which may not exceed 48 feet and buses which may notexceed 45 feet, unladen or with loadmay exceeda length of40 feetextremein overalldimensions inclusive oflength, including load and front and rear bumpers, exceptthat thegoverning body of a city is authorized by permit to provide forthe maximum length of a motor vehicle, or combination of motorvehicles, or the number of vehicles that may be fastenedtogether, and which may be operated upon the streets or highwaysof a city; provided, that the permit may not prescribe a lengthless than that permitted by state law. A motor vehicle operatedin compliance with the permit on the streets or highways of thecity is not in violation of this chapter: (1) mobile cranes, which may not exceed 48 feet in overall length; and (2) buses, which may not exceed 45 feet in overall length. (b) Statewide, nosinglesemitrailer mayhave anexceed 48 feet in overall length,exclusive ofincluding bumper and load, but excluding non-cargo-carryingaccessoryequipment,includingsuch as refrigeration units or air compressors, necessary for safe and efficient operationmounted orand located on the end of the semitrailer adjacent to thetruck ortruck-tractor, inexcess of 48 feet, except that. However, statewide, a single semitrailer mayhave an overall length in excess ofexceed 48 feet, but notgreater than53 feet, if the distance from the kingpin to the centerline of the rear axle group of the semitrailer does not exceed 41 feet. Statewide, no single trailer may have an overall lengthinclusive ofexceeding 45 feet, including the tow bar assemblyandbut exclusive of rearprotectivebumperswhichthat do not increase the overall length by more than six inches,in excess of 45 feet. For determining compliance withthe provisions ofthis 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 in excess of 28-1/2 feet, exclusive of: (1) non-cargo-carrying accessory equipment, including refrigeration units or air compressors and upper coupler plates, necessary for safe and efficient operation,mounted orlocated on the end of the semitrailer or trailer adjacent to the truck or truck-tractor; (2) the tow bar assembly; and (3) lower coupler equipment that is a fixed part of the rear end of the first semitrailer or trailer.The commissioner may not grant a permit authorizing themovement, in a three-vehicle combination, of a semitrailer ortrailer that exceeds 28-1/2 feet, except that the commissionermay renew a permit that was granted before April 16, 1984, forthe movement of a semitrailer or trailer that exceeds the lengthlimitation in this paragraph, or may grant a permit authorizingthe transportation of empty trailers that exceed 28-1/2 feet,when using a B-train hitching mechanism as defined in Code ofFederal Regulations, title 23, section 658.5, paragraph (o),from a point of manufacture in the state to the state border.Sec. 5. Minnesota Statutes 1994, section 169.81, is amended by adding a subdivision to read: Subd. 2a. [NUMBER OF UNITS IN VEHICLE COMBINATIONS; GENERALLY, EXCEPTIONS.] (a) Statewide, no combination of vehicles coupled together may consist of more than two units, except as provided in paragraph (b). (b) Three-unit combinations may only be used as provided for in subdivisions 3, paragraph (c); 3c; 8; and 10. Further, vehicles transporting milk from the point of production to the point of first processing may consist of no more than three units. Mount combinations, consisting of a truck or truck-tractor transporting similar vehicles by having the front axle of the transported vehicle mounted onto the center of the rear part of the preceding vehicle, may be used. Sec. 6. Minnesota Statutes 1995 Supplement, section 169.81, subdivision 3, is amended to read: Subd. 3. [LENGTH OF VEHICLE COMBINATIONS.] (a) Statewide, exceptas providedon the highways identified under provisions in paragraph(b)(c), no combination of vehiclescoupledtogether, including truck-tractor and semitrailer, may consistof more than two units and no combination of vehicles, unladenor with load,may exceed a total length of 75 feet. (b) However, the total length limitation does not apply tothe transportation of telegraph poles,combinations of vehicles transporting: (1) telephone poles, electric light and power poles, piling, or pole length pulpwood, and is subject to the followingfurther exceptions: the length limitations do not apply tovehicles transporting; or (2) 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 inthis subdivision,but with respect to night transportation, a vehicle and the loadsection 169.86. These combinations of vehicles must be equipped withasufficientnumber ofclearancelamps and markermarkers, or lamps for night transportation, 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 thecombinations may not exceed 65 feet in length. The limitationon the number of units does not apply to vehicles used fortransporting milk from point of production to point of firstprocessing, in which case no combination of vehicles coupledtogether unladen or with load, including truck-tractor andsemitrailers, may consist of more than three units and nocombination of those vehicles may exceed a total length of 65feet. Notwithstanding other provisions of this section, andexcept as provided in paragraph (b), no combination of vehiclesconsisting of a truck-tractor and semitrailer designed and usedexclusively for the transportation of motor vehicles or boatsmay exceed 65 feet in length. The load may extend a total ofseven feet, but may not extend more than three feet beyond thefront or four feet beyond the rear, and in no case may theoverall length of the combination of vehicles, unladen or withload, exceed 65 feet. For the purpose of registration, trailerscoupled with a truck-tractor, semitrailer combination aresemitrailers. The state as to state trunk highways, and a cityor town as to roads or streets located within the city or town,may issue permits authorizing the transportation of combinationsof vehicles exceeding the limitations in this subdivision overhighways, roads, or streets within their boundaries.Combinations of vehicles authorized by this subdivision may berestricted as to the use of highways by the commissioner as tostate trunk highways, and a road authority as to highways orstreets subject to its jurisdiction. Nothing in thissubdivision alters or changes the authority vested in localauthorities under the provisions of section 169.04.(b)(c) The following combination of vehicles regularly engaged in the transportation of commodities may 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 and terminals, 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 exceeding6575 feet in length; (2) a combination of vehicleswith an overall lengthexceeding 55 feet andincluding a truck-tractor and semitrailer drawing one additional semitrailer which may be equipped with an auxiliary dolly; (3) a combination of vehicleswith an overall lengthexceeding 55 feet andincluding a truck-tractor and semitrailer drawing one full trailer; (4) a truck-tractor and semitrailer designed and used exclusively for the transportation of motor vehicles or boats and exceeding an overall length of6575 feet including the loadexcept as restricted by applicable federal law; and (5) a truck or truck-tractor transporting similar vehicles by having the front axle of the transported vehicle mounted onto the center or rear part of the preceding vehicle, defined in Code of Federal Regulations, title 49, sections 390.5 and 393.5 as drive-away saddlemount combinations or drive-away saddlemount vehicle transporter combinations, when the overall length exceeds6575 feet. Vehicles operated under the provisions of this section must conform to the standards for those vehicles prescribed by the United States Department of Transportation, Federal Highway Administration, Bureau of Motor Carrier Safety, as amended. Sec. 7. Minnesota Statutes 1994, section 169.86, subdivision 1, is amended to read: Subdivision 1. [APPLICATION FOR PERMIT.] (a) The commissioner, with respect to highways under the commissioner's jurisdiction, and local authorities, with respect to highways under their jurisdiction, may, in their discretion, upon application in writing and good cause being shown therefor, issue a special permit, in writing, authorizing the applicant to move a vehicle or combination of vehicles of a size or weight of vehicle or load exceeding the maximum specified in this chapter, or otherwise not in conformity with the provisions of this chapter, upon any highway under the jurisdiction of the party granting such permit and for the maintenance of which such party is responsible. (b) Permits relating to over-width, over-length manufactured homes shall not be issued to persons other than manufactured home dealers or manufacturers for movement of new units owned by the manufactured home dealer or manufacturer, until the person has presented a statement from the county auditor and treasurer where the unit is presently located, stating that all personal and real property taxes have been paid. Upon payment of the most recent single year delinquent personal property or current year taxes only, the county auditor or treasurer must issue a taxes paid statement to a manufactured home dealer or a financial institution desiring to relocate a manufactured home that has been repossessed. This statement must be dated within 30 days of the contemplated move. The statement from the county auditor and treasurer where the unit is presently located, stating that all personal and real property taxes have been paid, may be made by telephone. If the statement is obtained by telephone, the permit shall contain the date and time of the telephone call and the names of the persons in the auditor's office and treasurer's office who verified that all personal and real property taxes had been paid. (c) The commissioner may not grant a permit authorizing the movement, in a three-vehicle combination, of a semitrailer or trailer that exceeds 28-1/2 feet, except that the commissioner (1) may renew a permit that was granted before April 16, 1984, for the movement of a semitrailer or trailer that exceeds the length limitation in section 169.81, subdivision 2, or (2) may grant a permit authorizing the transportation of empty trailers that exceed 28-1/2 feet when using a B-train hitching mechanism as defined in Code of Federal Regulations, title 23, section 658.5, paragraph (o), from a point of manufacture in the state to the state border. (d) The state as to state trunk highways, a statutory or home rule charter city as to streets in the city, or a town as to roads in the town, may issue permits authorizing the transportation of combinations of vehicles exceeding the limitations in section 169.81, subdivisions 2a and 3, over highways, streets, or roads within its boundaries. Combinations of vehicles authorized by this paragraph may be restricted as to the use of state trunk highways by the commissioner, to the use of streets by the city road authority, and to the use of roads by the town road authority. Nothing in this paragraph or section 168.81, subdivisions 2a and 3, alters or changes the authority vested in local authorities under section 169.04. Presented to the governor February 27, 1996 Signed by the governor February 28, 1996, 11:48 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes