1.1 	A bill for an act
1.2 	relating to traffic regulations; modifying penalties and requirements related to 
1.3 	violation of vehicle weight limitations;amending Minnesota Statutes 2008, 
1.4 	sections 169.80, subdivision 1; 169.851, subdivision 1, by adding a subdivision; 
1.5 	169.87, subdivision 6; 169.871, subdivision 1; 169.872, subdivision 1; proposing 
1.6 	coding for new law in Minnesota Statutes, chapter 169.
1.7 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8 	Section 1. Minnesota Statutes 2008, section 169.80, subdivision 1, is amended to read:
1.9 		Subdivision 1.Limitations; misdemeanor Applicability; evidence of weight. (a) 
1.10 	It is a misdemeanor for a person to drive or move, or for the owner to cause or knowingly 
1.11 	permit to be driven or moved, on a highway a vehicle or vehicles of a size or weight 
1.12 	exceeding the limitations stated in sections 169.80 to 169.88, or otherwise in violation of 
1.13 	sections 169.80 to 169.88, other than section 169.81, subdivision 5a, and The maximum 
1.14 	size and weight of vehicles as prescribed in sections 169.80 to 169.88shall be are lawful 
1.15 	throughout this state, and local authorities shall have no power or authority to alter these 
1.16 	limitations except as express authority may be granted in sections 169.80 to 169.88. 
1.17 	(b) When all the axles of a vehicle or combination of vehicles are weighed separately 
1.18 	the sum of the weights of the axles so weighed shall be evidence of the total gross weight 
1.19 	of the vehicle or combination of vehicles so weighed.
1.20 	(c) When each of the axles of any group that contains two or more consecutive 
1.21 	axles of a vehicle or combination of vehicles have been weighed separately the sum 
1.22 	of the weights of the axles so weighed shall be evidence of the total gross weight on 
1.23 	the group of axles so weighed.
1.24 	(d) When, in any group of three or more consecutive axles of a vehicle or 
1.25 	combination of vehicles any axles have been weighed separately and two or more axles 
2.1 	consecutive to each other in the group have been weighed together, the sum of the weights 
2.2 	of the axles weighed separately and the axles weighed together shall be evidence of the 
2.3 	total gross weight of the group of axles so weighed.
2.4 	(e) The provisions of sections 169.80 to 169.88 governing size, weight, and load 
2.5 	shall not apply to a fire apparatus, or to a vehicle operated under the terms of a special 
2.6 	permit issued as provided by law. 

2.7 	Sec. 2. Minnesota Statutes 2008, section 169.851, subdivision 1, is amended to read:
2.8 		Subdivision 1.Definitions. For the purposes of this section and sections 169.862, 
2.9 	169.871, and 169.8705 to169.872, the terms defined in subdivisions 1a, 2, and 3 have the 
2.10 	meanings given to them.  

2.11 	Sec. 3. Minnesota Statutes 2008, section 169.851, is amended by adding a subdivision 
2.12 	to read:
2.13 		Subd. 1a.Accessible scale.  "Accessible scale" means a scale that (1) allows for 
2.14 	weighing a vehicle or weighing the goods being transported in a vehicle, and (2) is readily 
2.15 	available at the physical location of the last loading of the vehicle.

2.16 	Sec. 4. Minnesota Statutes 2008, section 169.87, subdivision 6, is amended to read:
2.17 		Subd. 6.Recycling and garbage vehicles. (a) Except as provided in paragraph (b), 
2.18 	weight restrictions imposed under subdivisions 1 and 2 do not apply to a vehicle that 
2.19 	does not exceed 20,000 pounds per single axle and is designed and used exclusively for 
2.20 	recycling, while engaged in recycling in a political subdivision that mandates curbside 
2.21 	recycling pickup.
2.22 	(b) Weight restrictions imposed under subdivisions 1 and 2 do not apply to (1) a 
2.23 	vehicle that does not exceed 14,000 pounds per single axle and is used exclusively for 
2.24 	recycling as described in paragraph (a), or (2) a vehicle that does not exceed 14,000 pounds 
2.25 	per single axle and is designed and used exclusively for collecting mixed municipal solid 
2.26 	waste, as defined in section 115A.03, subdivision 21, while engaged in such collection.
2.27 	(c) Notwithstanding section 169.80, subdivision 1 169.8705, a violation of weight 
2.28 	restrictions imposed under subdivisions 1 and 2 by a vehicle designed and used exclusively 
2.29 	for recycling while engaged in recycling in a political subdivision that mandates curbside 
2.30 	recycling pickup while engaged in such collection, or by a vehicle that is designed and 
2.31 	used exclusively for collecting mixed municipal solid waste as defined in section 115A.03, 
2.32 	subdivision 21, while engaged in such collection, is not subject to criminal penalties but is 
2.33 	subject to a civil penalty for excess weight under section 169.871.

3.1 	Sec. 5. [169.8705] SIZE, WEIGHT, AND LOAD; PENALTY.
3.2 		Subdivision 1.Definitions. For purposes of this section, the following terms have 
3.3 	the meanings given them:
3.4 	(1) "owner" means an owner or lessee; and
3.5 	(2) "vehicle" has the meaning given in section 169.011, subdivision 92, and includes 
3.6 	a single unit vehicle, truck-tractor semitrailer combination, or other combination of 
3.7 	vehicles.
3.8 		Subd. 2.Misdemeanor penalty. (a) Unless another penalty is specified, it is 
3.9 	a misdemeanor for a person to operate or move a vehicle, or for a vehicle owner to 
3.10 	knowingly permit a vehicle to be operated or moved, in violation of sections 169.80 
3.11 	to 169.88.
3.12 	(b) Unless another penalty is specified, it is a misdemeanor for a shipper to 
3.13 	knowingly permit a vehicle to be operated or moved in violation of the weight limits 
3.14 	under sections 169.80 to 169.88, if:
3.15 	(1) the shipper offers for shipment, contracts for transport, or otherwise arranges for 
3.16 	transportation of the freight being transported;
3.17 	(2) an accessible scale was not present; and
3.18 	(3) the operator of the vehicle provides a document, at the time of a vehicle stop 
3.19 	under section 169.85, that states (i) the name and address of the shipper, (ii) the date and 
3.20 	location of vehicle loading, and (iii) whether an accessible scale was present.
3.21 	(c) For each weight limit violation, if a shipper is subject to the penalty under 
3.22 	paragraph (b), a vehicle owner and a vehicle operator is not subject to the penalty under 
3.23 	paragraph (a).

3.24 	Sec. 6. Minnesota Statutes 2008, section 169.871, subdivision 1, is amended to read:
3.25 		Subdivision 1.Civil liability. (a) The owner or lessee of a vehicle that is operated 
3.26 	with a gross weight in excess of a weight limit imposed under sections 169.822 to 169.829, 
3.27 	169.832 to169.851, and 169.87, or a shipper who ships or tenders goods for shipment in a 
3.28 	single truck or combination vehicle that exceeds a weight limit imposed under sections 
3.29 	169.822 to 169.829, 169.832 to169.851, and 169.87, is liable for a civil penalty as follows:  
3.30 	(1) if the total gross excess weight is not more than 1,000 pounds, one cent five cents
3.31 	per pound for each pound in excess of the legal limit;
3.32 	(2) if the total gross excess weight is more than 1,000 pounds but not more than 3,000 
3.33 	pounds, $10 $50 plus five ten cents per pound for each pound in excess of 1,000 pounds;
3.34 	(3) if the total gross excess weight is more than 3,000 pounds but not more than 5,000 
3.35 	pounds, $110 $250 plus ten 15 cents per pound for each pound in excess of 3,000 pounds;
4.1 	(4) if the total gross excess weight is more than 5,000 pounds but not more than 7,000 
4.2 	pounds, $310 $550 plus 15 20 cents per pound for each pound in excess of 5,000 pounds;
4.3 	(5) if the total gross excess weight is more than 7,000 pounds, $610 $950 plus 20 25
4.4 	cents per pound for each pound in excess of 7,000 pounds.
4.5 	(b) Notwithstanding any other law to the contrary, if a person found guilty of a 
4.6 	violation of a weight limit imposed under this section or sections 169.822 to 169.829, 
4.7 	169.832 to169.851, or 169.87 is also found by the court to have knowingly and 
4.8 	contemporaneously attempted to evade a fixed weigh station or to otherwise avoid 
4.9 	weighing by means of stationary scales under section 169.85 or other law, the court shall 
4.10 	impose a penalty of twice the amount otherwise authorized under paragraph (a).  
4.11 	(c) Any penalty imposed upon a defendant under this subdivision shall not exceed 
4.12 	the penalty prescribed by this subdivision. Any fine paid by the defendant in a criminal 
4.13 	overweight action that arose from the same overweight violation shall be applied toward 
4.14 	payment of the civil penalty under this subdivision. A peace officer or Department of 
4.15 	Public Safety employee described in section 299D.06 who cites a driver for a violation 
4.16 	of the weight limitations established by sections 169.81 to 169.851 and 169.87 shall 
4.17 	give written notice to the driver that the driver or another may also be liable for the civil 
4.18 	penalties provided herein in the same or separate proceedings.  
4.19 	(d) A penalty imposed upon the owner or lessee of a vehicle that is based on 
4.20 	violations identified by the use of shippers' weight records under section 169.872 must not 
4.21 	exceed an aggregate of $10,000 $15,000.  
4.22 	(e) If the requirements under section 169.8705, subdivision 2, paragraph (b), clauses 
4.23 	(1) to (2), are met, the owner or lessee is not liable for the civil penalty under paragraph (a).

4.24 	Sec. 7. Minnesota Statutes 2008, section 169.872, subdivision 1, is amended to read:
4.25 		Subdivision 1.Record keeping. A person who weighs goods before or after 
4.26 	unloading or a person who loads or unloads goods on the basis of liquid volume measure 
4.27 	shall keep a written record of the origin, weight, and composition of each shipment, 
4.28 	the date of loading or receipt, whether an accessible scale was present, the name and 
4.29 	address of the shipper, the total number of axles on the vehicle or combination of vehicles, 
4.30 	and the registration number of the power unit or some other means of identification by 
4.31 	which the shipment was transported. The record shall be retained for 14 days and shall 
4.32 	be open to inspection and copying by a state law enforcement officer or motor transport 
4.33 	representative, except state conservation officers, upon demand. No search warrant is 
4.34 	required to inspect or copy the record. This subdivision does not apply to a person 
4.35 	weighing goods who is not involved in the shipping, receiving, and transporting of 
5.1 	those goods, or to a person weighing raw and unfinished farm products transported in a 
5.2 	single-unit vehicle with not more than three axles or by a trailer towed by a farm tractor 
5.3 	when the transportation is the first haul of the product.