Bill Text: MN SF785 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Motor vehicle reregistration requirement to operate at excessive gross weights repeal; special permit fee surcharge imposition authority
Spectrum: Partisan Bill (Republican 5-0)
Status: (Introduced - Dead) 2011-03-14 - Referred to Transportation [SF785 Detail]
Download: Minnesota-2011-SF785-Introduced.html
1.2relating to motor vehicles; repealing requirement of vehicle reregistration to
1.3operate at excessive gross weights; adding permit fee surcharge; crediting fee to
1.4highway user tax distribution fund;amending Minnesota Statutes 2010, sections
1.5168.013, subdivisions 1e, 3; 169.85, subdivision 2; 169.86, subdivision 1, by
1.6adding a subdivision; repealing Minnesota Statutes 2010, section 168.013,
1.7subdivision 12.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2010, section 168.013, subdivision 1e, is amended to
1.10read:
1.11 Subd. 1e. Truck; tractor; combination; exceptions. (a) On trucks and tractors
1.12except those in this chapter defined as farm trucks, on truck-tractor and semitrailer
1.13combinations except those defined as farm combinations, and on commercial zone
1.14vehicles, the tax based on total gross weight shall be graduated according to the Minnesota
1.15base rate schedule prescribed in this subdivision, but in no event less than $120.
2.13 (b) For purposes of the Minnesota base rate schedule, for vehicles with six or more
2.14axles in the "S" and "T" categories, the base rates are $1,520 and $1,620 respectively.
2.15 (c) For each vehicle with a gross weight in excess of 80,000 pounds an additional
2.16tax of $50 is imposed for each ton or fraction thereof in excess of 80,000 pounds, subject
2.17to subdivision 12.
2.18 (d) For purposes of registration identification, for vehicles registered in the "O"
2.19category, the owner must declare at the time of registration whether the vehicle will carry
2.20a weight of 55,000 pounds or more and therefore be subject to the federal heavy vehicle
2.21use tax. For those owners who declare a weight less than 55,000 pounds, a distinctive
2.22weight sticker must be issued and the owner is restricted to a gross vehicle weight of
2.23less than 55,000 pounds.
2.24 (e) Truck-tractors except those herein defined as farm and commercial zone vehicles
2.25shall be taxed in accord with the foregoing gross weight tax schedule on the basis of the
2.26combined gross weight of the truck-tractor and any semitrailer or semitrailers which the
2.27applicant proposes to combine with the truck-tractor.
2.28 (f) Commercial zone trucks include only trucks, truck-tractors, and semitrailer
2.29combinations which are operated by an interstate carrier registered under section221.60 ,
2.30or by a carrier receiving operating authority under chapter 221, and operated solely within
2.31a zone exempt from regulation pursuant to United States Code, title 49, section 13506.
2.32 (g) The license plates issued for commercial zone vehicles shall be plainly marked.
2.33A person operating a commercial zone vehicle outside the zone or area in which its
2.34operation is authorized is guilty of a misdemeanor and, in addition to the misdemeanor
2.35penalty, the registrar shall revoke the registration of the vehicle as a commercial zone
2.36vehicle and shall require that the vehicle be registered at 100 percent of the full annual tax
2.37prescribed in the Minnesota base rate schedule, and no part of this tax may be refunded
2.38during the balance of the registration year.
3.1 (h) On commercial zone trucks the tax shall be based on the total gross weight of
3.2the vehicle and during each of the first eight years of vehicle life is 75 percent of the
3.3Minnesota base rate schedule. During the ninth and succeeding years of vehicle life the
3.4tax is 50 percent of the Minnesota base rate schedule.
3.5 (i) On trucks, truck-tractors and semitrailer combinations, except those defined
3.6as farm trucks and farm combinations, and except for those commercial zone vehicles
3.7specifically provided for in this subdivision, the tax for each of the first eight years of
3.8vehicle life is 100 percent of the tax imposed in the Minnesota base rate schedule, and
3.9during the ninth and succeeding years of vehicle life, the tax is 75 percent of the Minnesota
3.10base rate prescribed by this subdivision.
3.11 (j) For the purpose of registration, trailers coupled with a truck-tractor, semitrailer
3.12combination are semitrailers.
3.13 Sec. 2. Minnesota Statutes 2010, section 168.013, subdivision 3, is amended to read:
3.14 Subd. 3. Application; cancellation; excessive gross weight forbidden. (a) The
3.15applicant for all licenses based on gross weight shall state the unloaded weight of the
3.16motor vehicle, trailer, or semitrailer and the maximum load the applicant proposes to carry
3.17on it, the sum of which constitutes the gross weight upon which the license tax must be
3.18paid. However, the declared gross weight upon which the tax is paid must not be less than
3.191-1/4 times the declared unloaded weight of the motor vehicle, trailer, or semitrailer
3.20to be registered, except recreational vehicles taxed under subdivision 1g, school buses
3.21taxed under subdivision 18, and tow trucks or towing vehicles defined in section169.011,
3.22subdivision 83 . The gross weight of a tow truck or towing vehicle is the actual weight
3.23of the tow truck or towing vehicle fully equipped, but does not include the weight of a
3.24wrecked or disabled vehicle towed or drawn by the tow truck or towing vehicle.
3.25(b) Except as provided by special permit issued under section 169.86, the gross
3.26weight of a motor vehicle, trailer, or semitrailer must not exceed the gross weight upon
3.27which the license tax has been paid by more than four percent or 1,000 pounds, whichever
3.28is greater; provided that, a vehicle transporting unfinished forest products on a highway,
3.29other than a highway that is part of the system of interstate and defense highways, unless a
3.30federal exemption is granted, in accordance with paragraph (d)(3):
3.31(1) shall not exceed its gross vehicle weight upon which the license tax has been
3.32paid, or gross axle weight on any axle, by more than five percent and, notwithstanding
3.33other law to the contrary, is not subject to any fee, fine, or other assessment or penalty for
3.34exceeding a gross vehicle or axle weight by up to five percent; and
4.1(2) between the dates set by the commissioner in accordance with section169.826,
4.2subdivision 1 , is not subject to any provision of paragraph (d) or chapter 169 limiting
4.3the gross axle weight of any individual axle unless the entire vehicle also exceeds its
4.4gross vehicle weight plus its weight allowance allowed in clause (1) and plus any weight
4.5allowance permitted under section169.826 , in which case the vehicle is subject to all
4.6applicable penalties for excess weight violations.
4.7(c) The gross weight of the motor vehicle, trailer, or semitrailer for which the
4.8license tax is paid must be indicated by a distinctive character on the license plate or
4.9platesexcept as provided in subdivision 12 and the plate or plates must be kept clean
4.10and clearly visible at all times.
4.11(d) The owner, driver, or user of a motor vehicle, trailer, or semitrailer, upon
4.12conviction for transporting a gross weight in excess of the gross weight for which it was
4.13registered or for operating a vehicle with an axle weight exceeding the maximum lawful
4.14axle load weight, is guilty of a misdemeanor and subject to increased registration or
4.15reregistration according to the following schedule:
4.16(1) Upon conviction for transporting a gross weight in excess of the gross weight
4.17for which a motor vehicle, trailer, or semitrailer is registered by more than the allowance
4.18set forth in paragraph (b) but less than 25 percent, or for operating or using a motor
4.19vehicle, trailer, or semitrailer with an axle weight exceeding the maximum lawful axle
4.20load as provided in sections169.822 to
169.829 by more than the allowance set forth in
4.21paragraph (b) but less than 25 percent, the owner, driver, or user of the motor vehicle,
4.22trailer, or semitrailer used to commit the violation, in addition to any penalty imposed for
4.23the misdemeanor, shall apply to the registrar to increase the authorized gross weight to
4.24be carried on the vehicle to a weight equal to or greater than the gross weight the owner,
4.25driver, or user was convicted of carrying. The increase is computed for the balance of
4.26the calendar year on the basis of 1/12 of the annual tax for each month remaining in the
4.27calendar year beginning with the first day of the month in which the violation occurred.
4.28If the additional registration tax computed upon that weight, plus the tax already paid,
4.29amounts to more than the regular tax for the maximum gross weight permitted for the
4.30vehicle under sections169.822 to
169.829 , that additional amount must nevertheless be
4.31paid into the highway fund, but the additional tax thus paid does not authorize or permit
4.32any person to operate the vehicle with a gross weight in excess of the maximum legal
4.33weight as provided by sections169.822 to
169.829 . Unless the owner within 30 days
4.34after a conviction applies to increase the authorized weight and pays the additional tax
4.35as provided in this section, the registrar shall revoke the registration on the vehicle and
4.36demand the return of the registration card and plates issued on that registration.
5.1(2) Upon conviction of an owner, driver, or user of a motor vehicle, trailer, or
5.2semitrailer for transporting a gross weight in excess of the gross weight for which the
5.3motor vehicle, trailer, or semitrailer was registered by 25 percent or more or for operating
5.4or using the vehicle or trailer with an axle weight exceeding the maximum lawful axle load
5.5as provided in sections169.822 to
169.829 by 25 percent or more, and in addition to any
5.6penalty imposed for the misdemeanor, the registrar shall either (i) cancel the reciprocity
5.7privileges on the vehicle involved if the vehicle is being operated under reciprocity
5.8or (ii) if the vehicle is not being operated under reciprocity, cancel the certificate of
5.9registration on the vehicle operated and demand the return of the registration certificate
5.10and registration plates. The registrar may not cancel the registration or reciprocity
5.11privileges for any vehicle found in violation of seasonal load restrictions imposed under
5.12section169.87 unless the axle weight exceeds the year-round weight limit for the highway
5.13on which the violation occurred. The registrar may investigate any allegation of gross
5.14weight violations and demand that the operator show cause why all future operating
5.15privileges in the state should not be revoked unless the additional tax assessed is paid.
5.16(3) Clause (1) does not apply to the first haul of unprocessed or raw farm products
5.17or unfinished forest products, when the registered gross weight is not exceeded by more
5.18than ten percent. For purposes of this clause, "first haul" means (i) the first, continuous
5.19transportation of unprocessed or raw farm products from the place of production or
5.20on-farm storage site to any other location within 50 miles of the place of production or
5.21on-farm storage site, or (ii) the continuous or noncontinuous transportation of unfinished
5.22forest products from the place of production to the place of final processing or manufacture
5.23located within 200 miles of the place of production.
5.24(4) When the registration on a motor vehicle, trailer, or semitrailer is revoked by the
5.25registrar according to this section, the vehicle must not be operated on the highways of the
5.26state until it is registered or reregistered, as the case may be, and new plates issued, and
5.27the registration fee is the annual tax for the total gross weight of the vehicle at the time of
5.28violation. The reregistration pursuant to this subdivision of any vehicle operating under
5.29reciprocity agreements pursuant to section168.181 or
168.187 must be at the full annual
5.30registration fee without regard to the percentage of vehicle miles traveled in this state.
5.31 Sec. 3. Minnesota Statutes 2010, section 169.85, subdivision 2, is amended to read:
5.32 Subd. 2. Unloading. (a) Upon weighing a vehicle and load, as provided in this
5.33section, an officer may require the driver to stop the vehicle in a suitable place and remain
5.34standing until a portion of the load is removed that is sufficient to reduce the gross weight
5.35of the vehicle to the limit permitted under either section168.013, subdivision 3 , paragraph
6.1(b), or sections169.823 to
169.829 , whichever is the lesser violation, if any. A suitable
6.2place is a location where loading or tampering with the load is not prohibited by federal,
6.3state, or local law, rule, or ordinance.
6.4 (b) Except as provided in paragraph (c), a driver may be required to unload a
6.5vehicle only if the weighing officer determines that (1) on routes subject to the provisions
6.6of sections169.823 to
169.829 , the weight on an axle exceeds the lawful gross weight
6.7prescribed by sections169.823 to
169.829 , by 2,000 pounds or more, or the weight on a
6.8group of two or more consecutive axles in cases where the distance between the centers
6.9of the first and last axles of the group under consideration is ten feet or less exceeds the
6.10lawful gross weight prescribed by sections169.823 to
169.829 , by 4,000 pounds or more;
6.11or (2) the weight is unlawful on an axle or group of consecutive axles on a road restricted
6.12in accordance with section169.87 . Material unloaded must be cared for by the owner or
6.13driver of the vehicle at the risk of the owner or driver.
6.14 (c)If The driver is not required to unload under paragraph (b) when the gross weight
6.15of the vehicle does not exceed:
6.16(1) the sum of the vehicle's registered gross weightplus, the weight allowance set
6.17forth in section168.013, subdivision 3 , paragraph (b), and plus, if applicable, the weight
6.18allowance permitted under section169.826 , then the driver is not required to unload
6.19under paragraph (b); or
6.20(2) the weight allowed by special permit issued under section 169.86 for a vehicle
6.21that is operated in conformity with the limitations and conditions of the permit.
6.22 Sec. 4. Minnesota Statutes 2010, section 169.86, subdivision 1, is amended to read:
6.23 Subdivision 1. Permit authorities; restrictions. (a) The commissioner, with respect
6.24to highways under the commissioner's jurisdiction, and local authorities, with respect to
6.25highways under their jurisdiction, may, in their discretion, upon application in writing
6.26and good cause being shown therefor, issue a special permit, in writing, authorizing the
6.27applicant to move a vehicle or combination of vehicles of a size or weight of vehicle or
6.28load exceeding the maximum specified in this chapter, exceeding the gross weight for
6.29which the vehicle is registered under chapter 168, or otherwise not in conformity with the
6.30provisions of this chapter, upon any highway under the jurisdiction of the party granting
6.31such permit and for the maintenance of which such party is responsible.
6.32(b) Permits relating to over-width, over-length manufactured homes shall not be
6.33issued to persons other than manufactured home dealers or manufacturers for movement
6.34of new units owned by the manufactured home dealer or manufacturer, until the person
6.35has presented a statement from the county auditor and treasurer where the unit is presently
7.1located, stating that all personal and real property taxes have been paid. Upon payment of
7.2the most recent single year delinquent personal property or current year taxes only, the
7.3county auditor or treasurer must issue a taxes paid statement to a manufactured home
7.4dealer or a financial institution desiring to relocate a manufactured home that has been
7.5repossessed. This statement must be dated within 30 days of the contemplated move. The
7.6statement from the county auditor and treasurer where the unit is presently located, stating
7.7that all personal and real property taxes have been paid, may be made by telephone. If
7.8the statement is obtained by telephone, the permit shall contain the date and time of the
7.9telephone call and the names of the persons in the auditor's office and treasurer's office
7.10who verified that all personal and real property taxes had been paid.
7.11(c) The commissioner may not grant a permit authorizing the movement, in a
7.12three-vehicle combination, of a semitrailer or trailer that exceeds 28-1/2 feet, except that
7.13the commissioner (1) may renew a permit that was granted before April 16, 1984, for the
7.14movement of a semitrailer or trailer that exceeds the length limitation in section169.81,
7.15subdivision 2 , or (2) may grant a permit authorizing the transportation of empty trailers
7.16that exceed 28-1/2 feet when using a B-train hitching mechanism as defined in Code of
7.17Federal Regulations, title 23, section 658.5, paragraph (o), from a point of manufacture in
7.18the state to the state border.
7.19(d) The state as to state trunk highways, a statutory or home rule charter city as
7.20to streets in the city, or a town as to roads in the town, may issue permits authorizing
7.21the transportation of combinations of vehicles exceeding the limitations in section
7.22169.81, subdivisions 2a and 3
, over highways, streets, or roads within its boundaries.
7.23Combinations of vehicles authorized by this paragraph may be restricted as to the use of
7.24state trunk highways by the commissioner, to the use of streets by the city road authority,
7.25and to the use of roads by the town road authority. Nothing in this paragraph or section
7.26169.81, subdivisions 2a and 3
, alters or changes the authority vested in local authorities
7.27under section169.04 .
7.28 Sec. 5. Minnesota Statutes 2010, section 169.86, is amended by adding a subdivision
7.29to read:
7.30 Subd. 5a. Fee surcharge. The commissioner shall impose a surcharge on the
7.31special permit fee for a vehicle that is registered under section 168.013, subdivisions 1 to
7.321g, if the vehicle, operating within the permit allowance, will exceed the gross weight for
7.33which registration tax was paid under chapter 168. The surcharge must equal the amount
7.34of additional registration tax that would be due under section 168.013, subdivisions 1 to
7.351g, if the vehicle were registered at the weight allowed by the permit, prorated according
8.1to the length of time for which the permit is issued. Proceeds of the surcharge must be
8.2deposited in the state treasury and credited to the highway user tax distribution fund.
8.3 Sec. 6. REPEALER.
8.4Minnesota Statutes 2010, section 168.013, subdivision 12, is repealed.
8.5 Sec. 7. EFFECTIVE DATE.
8.6Sections 1 to 6 are effective January 1, 2012, and apply to all registrations that are
8.7effective on and after that date and special permits issued on and after that date.
1.3operate at excessive gross weights; adding permit fee surcharge; crediting fee to
1.4highway user tax distribution fund;amending Minnesota Statutes 2010, sections
1.5168.013, subdivisions 1e, 3; 169.85, subdivision 2; 169.86, subdivision 1, by
1.6adding a subdivision; repealing Minnesota Statutes 2010, section 168.013,
1.7subdivision 12.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2010, section 168.013, subdivision 1e, is amended to
1.10read:
1.11 Subd. 1e. Truck; tractor; combination; exceptions. (a) On trucks and tractors
1.12except those in this chapter defined as farm trucks, on truck-tractor and semitrailer
1.13combinations except those defined as farm combinations, and on commercial zone
1.14vehicles, the tax based on total gross weight shall be graduated according to the Minnesota
1.15base rate schedule prescribed in this subdivision, but in no event less than $120.
2.13 (b) For purposes of the Minnesota base rate schedule, for vehicles with six or more
2.14axles in the "S" and "T" categories, the base rates are $1,520 and $1,620 respectively.
2.15 (c) For each vehicle with a gross weight in excess of 80,000 pounds an additional
2.16tax of $50 is imposed for each ton or fraction thereof in excess of 80,000 pounds
2.17
2.18 (d) For purposes of registration identification, for vehicles registered in the "O"
2.19category, the owner must declare at the time of registration whether the vehicle will carry
2.20a weight of 55,000 pounds or more and therefore be subject to the federal heavy vehicle
2.21use tax. For those owners who declare a weight less than 55,000 pounds, a distinctive
2.22weight sticker must be issued and the owner is restricted to a gross vehicle weight of
2.23less than 55,000 pounds.
2.24 (e) Truck-tractors except those herein defined as farm and commercial zone vehicles
2.25shall be taxed in accord with the foregoing gross weight tax schedule on the basis of the
2.26combined gross weight of the truck-tractor and any semitrailer or semitrailers which the
2.27applicant proposes to combine with the truck-tractor.
2.28 (f) Commercial zone trucks include only trucks, truck-tractors, and semitrailer
2.29combinations which are operated by an interstate carrier registered under section
2.30or by a carrier receiving operating authority under chapter 221, and operated solely within
2.31a zone exempt from regulation pursuant to United States Code, title 49, section 13506.
2.32 (g) The license plates issued for commercial zone vehicles shall be plainly marked.
2.33A person operating a commercial zone vehicle outside the zone or area in which its
2.34operation is authorized is guilty of a misdemeanor and, in addition to the misdemeanor
2.35penalty, the registrar shall revoke the registration of the vehicle as a commercial zone
2.36vehicle and shall require that the vehicle be registered at 100 percent of the full annual tax
2.37prescribed in the Minnesota base rate schedule, and no part of this tax may be refunded
2.38during the balance of the registration year.
3.1 (h) On commercial zone trucks the tax shall be based on the total gross weight of
3.2the vehicle and during each of the first eight years of vehicle life is 75 percent of the
3.3Minnesota base rate schedule. During the ninth and succeeding years of vehicle life the
3.4tax is 50 percent of the Minnesota base rate schedule.
3.5 (i) On trucks, truck-tractors and semitrailer combinations, except those defined
3.6as farm trucks and farm combinations, and except for those commercial zone vehicles
3.7specifically provided for in this subdivision, the tax for each of the first eight years of
3.8vehicle life is 100 percent of the tax imposed in the Minnesota base rate schedule, and
3.9during the ninth and succeeding years of vehicle life, the tax is 75 percent of the Minnesota
3.10base rate prescribed by this subdivision.
3.11 (j) For the purpose of registration, trailers coupled with a truck-tractor, semitrailer
3.12combination are semitrailers.
3.13 Sec. 2. Minnesota Statutes 2010, section 168.013, subdivision 3, is amended to read:
3.14 Subd. 3. Application; cancellation; excessive gross weight forbidden. (a) The
3.15applicant for all licenses based on gross weight shall state the unloaded weight of the
3.16motor vehicle, trailer, or semitrailer and the maximum load the applicant proposes to carry
3.17on it, the sum of which constitutes the gross weight upon which the license tax must be
3.18paid. However, the declared gross weight upon which the tax is paid must not be less than
3.191-1/4 times the declared unloaded weight of the motor vehicle, trailer, or semitrailer
3.20to be registered, except recreational vehicles taxed under subdivision 1g, school buses
3.21taxed under subdivision 18, and tow trucks or towing vehicles defined in section
3.22subdivision 83
3.23of the tow truck or towing vehicle fully equipped, but does not include the weight of a
3.24wrecked or disabled vehicle towed or drawn by the tow truck or towing vehicle.
3.25(b) Except as provided by special permit issued under section 169.86, the gross
3.26weight of a motor vehicle, trailer, or semitrailer must not exceed the gross weight upon
3.27which the license tax has been paid by more than four percent or 1,000 pounds, whichever
3.28is greater; provided that, a vehicle transporting unfinished forest products on a highway,
3.29other than a highway that is part of the system of interstate and defense highways, unless a
3.30federal exemption is granted, in accordance with paragraph (d)(3):
3.31(1) shall not exceed its gross vehicle weight upon which the license tax has been
3.32paid, or gross axle weight on any axle, by more than five percent and, notwithstanding
3.33other law to the contrary, is not subject to any fee, fine, or other assessment or penalty for
3.34exceeding a gross vehicle or axle weight by up to five percent; and
4.1(2) between the dates set by the commissioner in accordance with section
4.2subdivision 1
4.3the gross axle weight of any individual axle unless the entire vehicle also exceeds its
4.4gross vehicle weight plus its weight allowance allowed in clause (1) and plus any weight
4.5allowance permitted under section
4.6applicable penalties for excess weight violations.
4.7(c) The gross weight of the motor vehicle, trailer, or semitrailer for which the
4.8license tax is paid must be indicated by a distinctive character on the license plate or
4.9plates
4.10and clearly visible at all times.
4.11(d) The owner, driver, or user of a motor vehicle, trailer, or semitrailer, upon
4.12conviction for transporting a gross weight in excess of the gross weight for which it was
4.13registered or for operating a vehicle with an axle weight exceeding the maximum lawful
4.14axle load weight, is guilty of a misdemeanor and subject to increased registration or
4.15reregistration according to the following schedule:
4.16(1) Upon conviction for transporting a gross weight in excess of the gross weight
4.17for which a motor vehicle, trailer, or semitrailer is registered by more than the allowance
4.18set forth in paragraph (b) but less than 25 percent, or for operating or using a motor
4.19vehicle, trailer, or semitrailer with an axle weight exceeding the maximum lawful axle
4.20load as provided in sections
4.21paragraph (b) but less than 25 percent, the owner, driver, or user of the motor vehicle,
4.22trailer, or semitrailer used to commit the violation, in addition to any penalty imposed for
4.23the misdemeanor, shall apply to the registrar to increase the authorized gross weight to
4.24be carried on the vehicle to a weight equal to or greater than the gross weight the owner,
4.25driver, or user was convicted of carrying. The increase is computed for the balance of
4.26the calendar year on the basis of 1/12 of the annual tax for each month remaining in the
4.27calendar year beginning with the first day of the month in which the violation occurred.
4.28If the additional registration tax computed upon that weight, plus the tax already paid,
4.29amounts to more than the regular tax for the maximum gross weight permitted for the
4.30vehicle under sections
4.31paid into the highway fund, but the additional tax thus paid does not authorize or permit
4.32any person to operate the vehicle with a gross weight in excess of the maximum legal
4.33weight as provided by sections
4.34after a conviction applies to increase the authorized weight and pays the additional tax
4.35as provided in this section, the registrar shall revoke the registration on the vehicle and
4.36demand the return of the registration card and plates issued on that registration.
5.1(2) Upon conviction of an owner, driver, or user of a motor vehicle, trailer, or
5.2semitrailer for transporting a gross weight in excess of the gross weight for which the
5.3motor vehicle, trailer, or semitrailer was registered by 25 percent or more or for operating
5.4or using the vehicle or trailer with an axle weight exceeding the maximum lawful axle load
5.5as provided in sections
5.6penalty imposed for the misdemeanor, the registrar shall either (i) cancel the reciprocity
5.7privileges on the vehicle involved if the vehicle is being operated under reciprocity
5.8or (ii) if the vehicle is not being operated under reciprocity, cancel the certificate of
5.9registration on the vehicle operated and demand the return of the registration certificate
5.10and registration plates. The registrar may not cancel the registration or reciprocity
5.11privileges for any vehicle found in violation of seasonal load restrictions imposed under
5.12section
5.13on which the violation occurred. The registrar may investigate any allegation of gross
5.14weight violations and demand that the operator show cause why all future operating
5.15privileges in the state should not be revoked unless the additional tax assessed is paid.
5.16(3) Clause (1) does not apply to the first haul of unprocessed or raw farm products
5.17or unfinished forest products, when the registered gross weight is not exceeded by more
5.18than ten percent. For purposes of this clause, "first haul" means (i) the first, continuous
5.19transportation of unprocessed or raw farm products from the place of production or
5.20on-farm storage site to any other location within 50 miles of the place of production or
5.21on-farm storage site, or (ii) the continuous or noncontinuous transportation of unfinished
5.22forest products from the place of production to the place of final processing or manufacture
5.23located within 200 miles of the place of production.
5.24(4) When the registration on a motor vehicle, trailer, or semitrailer is revoked by the
5.25registrar according to this section, the vehicle must not be operated on the highways of the
5.26state until it is registered or reregistered, as the case may be, and new plates issued, and
5.27the registration fee is the annual tax for the total gross weight of the vehicle at the time of
5.28violation. The reregistration pursuant to this subdivision of any vehicle operating under
5.29reciprocity agreements pursuant to section
5.30registration fee without regard to the percentage of vehicle miles traveled in this state.
5.31 Sec. 3. Minnesota Statutes 2010, section 169.85, subdivision 2, is amended to read:
5.32 Subd. 2. Unloading. (a) Upon weighing a vehicle and load, as provided in this
5.33section, an officer may require the driver to stop the vehicle in a suitable place and remain
5.34standing until a portion of the load is removed that is sufficient to reduce the gross weight
5.35of the vehicle to the limit permitted under either section
6.1(b), or sections
6.2place is a location where loading or tampering with the load is not prohibited by federal,
6.3state, or local law, rule, or ordinance.
6.4 (b) Except as provided in paragraph (c), a driver may be required to unload a
6.5vehicle only if the weighing officer determines that (1) on routes subject to the provisions
6.6of sections
6.7prescribed by sections
6.8group of two or more consecutive axles in cases where the distance between the centers
6.9of the first and last axles of the group under consideration is ten feet or less exceeds the
6.10lawful gross weight prescribed by sections
6.11or (2) the weight is unlawful on an axle or group of consecutive axles on a road restricted
6.12in accordance with section
6.13driver of the vehicle at the risk of the owner or driver.
6.14 (c)
6.15of the vehicle does not exceed:
6.16(1) the sum of the vehicle's registered gross weight
6.17forth in section
6.18allowance permitted under section
6.19
6.20(2) the weight allowed by special permit issued under section 169.86 for a vehicle
6.21that is operated in conformity with the limitations and conditions of the permit.
6.22 Sec. 4. Minnesota Statutes 2010, section 169.86, subdivision 1, is amended to read:
6.23 Subdivision 1. Permit authorities; restrictions. (a) The commissioner, with respect
6.24to highways under the commissioner's jurisdiction, and local authorities, with respect to
6.25highways under their jurisdiction, may, in their discretion, upon application in writing
6.26and good cause being shown therefor, issue a special permit, in writing, authorizing the
6.27applicant to move a vehicle or combination of vehicles of a size or weight of vehicle or
6.28load exceeding the maximum specified in this chapter, exceeding the gross weight for
6.29which the vehicle is registered under chapter 168, or otherwise not in conformity with the
6.30provisions of this chapter, upon any highway under the jurisdiction of the party granting
6.31such permit and for the maintenance of which such party is responsible.
6.32(b) Permits relating to over-width, over-length manufactured homes shall not be
6.33issued to persons other than manufactured home dealers or manufacturers for movement
6.34of new units owned by the manufactured home dealer or manufacturer, until the person
6.35has presented a statement from the county auditor and treasurer where the unit is presently
7.1located, stating that all personal and real property taxes have been paid. Upon payment of
7.2the most recent single year delinquent personal property or current year taxes only, the
7.3county auditor or treasurer must issue a taxes paid statement to a manufactured home
7.4dealer or a financial institution desiring to relocate a manufactured home that has been
7.5repossessed. This statement must be dated within 30 days of the contemplated move. The
7.6statement from the county auditor and treasurer where the unit is presently located, stating
7.7that all personal and real property taxes have been paid, may be made by telephone. If
7.8the statement is obtained by telephone, the permit shall contain the date and time of the
7.9telephone call and the names of the persons in the auditor's office and treasurer's office
7.10who verified that all personal and real property taxes had been paid.
7.11(c) The commissioner may not grant a permit authorizing the movement, in a
7.12three-vehicle combination, of a semitrailer or trailer that exceeds 28-1/2 feet, except that
7.13the commissioner (1) may renew a permit that was granted before April 16, 1984, for the
7.14movement of a semitrailer or trailer that exceeds the length limitation in section
7.15subdivision 2
7.16that exceed 28-1/2 feet when using a B-train hitching mechanism as defined in Code of
7.17Federal Regulations, title 23, section 658.5, paragraph (o), from a point of manufacture in
7.18the state to the state border.
7.19(d) The state as to state trunk highways, a statutory or home rule charter city as
7.20to streets in the city, or a town as to roads in the town, may issue permits authorizing
7.21the transportation of combinations of vehicles exceeding the limitations in section
7.23Combinations of vehicles authorized by this paragraph may be restricted as to the use of
7.24state trunk highways by the commissioner, to the use of streets by the city road authority,
7.25and to the use of roads by the town road authority. Nothing in this paragraph or section
7.27under section
7.28 Sec. 5. Minnesota Statutes 2010, section 169.86, is amended by adding a subdivision
7.29to read:
7.30 Subd. 5a. Fee surcharge. The commissioner shall impose a surcharge on the
7.31special permit fee for a vehicle that is registered under section 168.013, subdivisions 1 to
7.321g, if the vehicle, operating within the permit allowance, will exceed the gross weight for
7.33which registration tax was paid under chapter 168. The surcharge must equal the amount
7.34of additional registration tax that would be due under section 168.013, subdivisions 1 to
7.351g, if the vehicle were registered at the weight allowed by the permit, prorated according
8.1to the length of time for which the permit is issued. Proceeds of the surcharge must be
8.2deposited in the state treasury and credited to the highway user tax distribution fund.
8.3 Sec. 6. REPEALER.
8.4Minnesota Statutes 2010, section 168.013, subdivision 12, is repealed.
8.5 Sec. 7. EFFECTIVE DATE.
8.6Sections 1 to 6 are effective January 1, 2012, and apply to all registrations that are
8.7effective on and after that date and special permits issued on and after that date.
