Bill Text: MN SF1121 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Overweight vehicle permits provisions modifications; commercial vehicle operation medical waiver provision modifications
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Introduced - Dead) 2011-04-07 - Referred to Transportation [SF1121 Detail]
Download: Minnesota-2011-SF1121-Introduced.html
1.2relating to transportation; modifying provisions relating to overweight vehicle
1.3permits; modifying provision governing medical waiver to operate commercial
1.4vehicle in intrastate commerce; removing obsolete language and making
1.5clarifying changes;amending Minnesota Statutes 2010, sections 169.86,
1.6subdivisions 4, 5; 221.0314, subdivision 3a.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2010, section 169.86, subdivision 4, is amended to read:
1.9 Subd. 4. Display and inspection of permit.Every such A permit shall must be
1.10carried in the vehicle or combination of vehicles to which it refers andshall must be open
1.11to inspection by anypolice peace officer or authorized agent of any authority granting
1.12such the permit, and. A permit may be carried in electronic format if it is easily read. No
1.13person shall violate any of the terms or conditions ofsuch a special permit.
1.14 Sec. 2. Minnesota Statutes 2010, section 169.86, subdivision 5, is amended to read:
1.15 Subd. 5. Fees; proceeds deposited; appropriation. The commissioner, with
1.16respect to highways under the commissioner's jurisdiction, may charge a fee for each
1.17permit issued. Allsuch fees for permits issued by the commissioner of transportation shall
1.18must be deposited in the state treasury and credited to the trunk highway fund. Except
1.19for those annual permits for which the permit fees are specified elsewhere in this chapter,
1.20the feesshall be are:
1.21 (a) $15 for each single trip permit.
1.22 (b) $36 for each job permit. A job permit may be issued for like loads carried on
1.23a specific route for a period not to exceed two months. "Like loads" means loads of the
1.24same product, weight, and dimension.
2.1 (c) $60 for an annual permit to be issued for a period not to exceed 12 consecutive
2.2months. Annual permits may be issued for:
2.3 (1) motor vehicles used to alleviate a temporary crisis adversely affecting the safety
2.4or well-being of the public;
2.5 (2) motor vehicleswhich that travel on interstate highways and carry loads
2.6authorized under subdivision 1a;
2.7 (3) motor vehicles operating with gross weights authorized under section169.826,
2.8subdivision 1a ;
2.9 (4) special pulpwood vehicles described in section169.863 ;
2.10 (5) motor vehicles bearing snowplow blades not exceeding ten feet in width;
2.11 (6) noncommercial transportation of a boat by the owner or user of the boat;
2.12 (7) motor vehicles carrying bales of agricultural products authorized under section
2.13169.862
; and
2.14(8) special milk-hauling vehicles authorized under section169.867 .
2.15 (d) $120 for an oversize annual permit to be issued for a period not to exceed 12
2.16consecutive months. Annual permits may be issued for:
2.17 (1) mobile cranes;
2.18 (2) construction equipment, machinery, and supplies;
2.19 (3) manufactured homes and manufactured storage buildings;
2.20 (4) implements of husbandry;
2.21 (5) double-deck buses;
2.22 (6) commercial boat hauling;
2.23 (7) three-vehicle combinations consisting of two empty, newly manufactured trailers
2.24for cargo, horses, or livestock, not to exceed 28-1/2 feet per trailer; provided, however,
2.25the permit allows the vehicles to be moved from a trailer manufacturer to a trailer dealer
2.26only while operating on twin-trailer routes designated under section169.81, subdivision 3 ,
2.27paragraph (c); and
2.28(8) vehicles operating on that portion of marked Trunk Highway 36 described in
2.29section169.81, subdivision 3 , paragraph (e).
2.30 (e) For vehicleswhich that have axle weights exceeding the weight limitations of
2.31sections169.823 to
169.829 , an additional cost added to the fees listed above. However,
2.32this paragraph applies to any vehicle described in section168.013, subdivision 3 ,
2.33paragraph (b), but only when the vehicle exceeds its gross weight allowance set forth in
2.34that paragraph, and then the additional cost is for all weight, including the allowance
2.35weight, in excess of the permitted maximum axle weight. The additional cost is equal
3.1to the product of the distance traveled times the sum of the overweight axle group cost
3.2factors shown in the following chart:
3.26The amounts added are rounded to the nearest cent for each axle or axle group. The
3.27additional cost does not apply to paragraph (c), clauses (1) and (3).
3.28For a vehicle found to exceed the appropriate maximum permitted weight, a cost-per-mile
3.29fee of 22 cents per ton, or fraction of a ton, over the permitted maximum weight is imposed
3.30in addition to the normal permit fee. Miles must be calculated based on the distance
3.31already traveled in the state plus the distance from the point of detection to a transportation
3.32loading site or unloading site within the state or to the point of exit from the state.
3.33 (f) As an alternative to paragraph (e), an annual permit may be issued for overweight,
3.34or oversize and overweight, mobile cranes; construction equipment, machinery, and
3.35supplies; implements of husbandry; and commercial boat hauling. The fees for the permit
3.36are as follows:
4.4If the gross weight of the vehicle is more than145,000 155,000 pounds the permit fee is
4.5determined under paragraph (e).
4.6 (g) For vehicles which exceed the width limitations set forth in section169.80 by
4.7more than 72 inches, an additional cost equal to $120 added to the amount in paragraph (a)
4.8when the permit is issued while seasonal load restrictions pursuant to section169.87 are
4.9in effect.
4.10 (h) $85 for an annual permit to be issued for a period not to exceed 12 months, for
4.11refuse-compactor vehicles that carry a gross weight of not more than: 22,000 pounds on
4.12a single rear axle; 38,000 pounds on a tandem rear axle; or, subject to section169.828,
4.13subdivision 2 , 46,000 pounds on a tridem rear axle. A permit issued for up to 46,000
4.14pounds on a tridem rear axle must limit the gross vehicle weight to not more than 62,000
4.15pounds.
4.16 (i) $300 for a motor vehicle described in section169.8261 . The fee under this
4.17paragraph must be depositedas follows:
4.18(1) in fiscal years 2005 through 2010:
4.19(i) the first $50,000 in each fiscal year must be deposited in the trunk highway fund
4.20for costs related to administering the permit program and inspecting and posting bridges;
4.21(ii) all remaining money in each fiscal year must be deposited in a bridge inspection
4.22and signing account in the special revenue fund. Money in the account is appropriated
4.23to the commissioner for:
4.24(A) inspection of local bridges and identification of local bridges to be posted,
4.25including contracting with a consultant for some or all of these functions; and
4.26(B) erection of weight-posting signs on local bridges; and
4.27(2) in fiscal year 2011 and subsequent years must be deposited in the trunk highway
4.28fund.
4.29 (j) Beginning August 1, 2006, $200 for an annual permit for a vehicle operating
4.30under authority of section169.824, subdivision 2 , paragraph (a), clause (2).
4.31 Sec. 3. Minnesota Statutes 2010, section 221.0314, subdivision 3a, is amended to read:
4.32 Subd. 3a. Waiver for other medical condition. (a) The commissioner may grant
4.33a waiver to a person who is not physically qualified to drive under Code of Federal
4.34Regulations, title 49, section391.41, paragraph (b)(3 ) to (b)(13). A waiver granted under
4.35this subdivision applies to intrastate transportation only.
5.1(b) A person who wishes to obtain a waiver under this subdivision must give the
5.2commissioner the following information:
5.3(1) the applicant's name, address, and telephone number;
5.4(2) the name, address, and telephone number of an employer coapplicant, if any;
5.5(3) a description of the applicant's experience in driving the type of vehicle to be
5.6operated under the waiver;
5.7(4) a description of the type of driving to be done under the waiver;
5.8(5) a description of any modifications to the vehicle the applicant intends to drive
5.9under the waiver that are designed to accommodate the applicant's medical condition or
5.10disability;
5.11(6) whether the applicant has been granted another waiver under this subdivision;
5.12(7) a copy of the applicant's current driver's license;
5.13(8) a copy of a medical examiner's certificate showing that the applicant is medically
5.14unqualified to drive unless a waiver is granted;
5.15(9) a statement from the applicant's treating physician that includes:
5.16(i) the extent to which the physician is familiar with the applicant's medical history;
5.17(ii) a description of the applicant's medical condition for which a waiver is necessary;
5.18(iii) assurance that the applicant has the ability and willingness to follow any course
5.19of treatment prescribed by the physician, including the ability to self-monitor or manage
5.20the medical condition; and
5.21(iv) the physician's professional opinion that the applicant's condition will not
5.22adversely affect the applicant's ability to operate a motor vehicle safely; and
5.23(10) any other information considered necessary by the commissioner including
5.24requiring a physical examination or medical report from a physician who specializes
5.25in a particular field of medical practice.
5.26(c) In granting a waiver under this subdivision, the commissioner may impose
5.27conditions the commissioner considers necessary to ensure that an applicant is able to
5.28operate a motor vehicle safely and that the safety of the general public is protected.
5.29(d) A person who is granted a waiver under this subdivision must:
5.30(1) at intervals specified in the waiver, give the commissioner periodic reports from
5.31the person's treating physician, or a medical specialist if the commissioner so requires in
5.32the waiver, that contain the information described in paragraph (b), clause (9), together
5.33with a description of any episode that involved the person's loss of consciousness or loss
5.34of ability to operate a motor vehicle safely; and
5.35(2) immediately report the person's involvement in an accident for which a report is
5.36required under section169.09, subdivision 7 .
6.1(e) The commissioner shall deny an application if, during the three years preceding
6.2the application:
6.3(1) the applicant's driver's license has been suspended under section171.18 ,
6.4paragraph (a), clauses (1) to (9), (11), and (12), canceled under section171.14 , or revoked
6.5under section171.17 ,
171.172 , or
171.174 ; or
6.6(2) the applicant has been convicted of a violation under section 171.24; or
6.7(2) (3) the applicant has been convicted of a disqualifying offense, as defined in
6.8Code of Federal Regulations, title 49, section383.51, paragraph (b) , which is incorporated
6.9by reference.
6.10(f) The commissioner may deny an application or may immediately revoke a
6.11waiver granted under this subdivision. Notice of the commissioner's reasons for denying
6.12an application or for revoking a waiver must be in writing and must be mailed to
6.13the applicant's or waiver holder's last known address by certified mail, return receipt
6.14requested. A person whose application is denied or whose waiver is revoked is entitled to
6.15a hearing under chapter 14.
6.16(g) A waiver granted under this subdivision expires on the date of expiration shown
6.17on the medical examiner's certificate described in paragraph (b), clause (8).
1.3permits; modifying provision governing medical waiver to operate commercial
1.4vehicle in intrastate commerce; removing obsolete language and making
1.5clarifying changes;amending Minnesota Statutes 2010, sections 169.86,
1.6subdivisions 4, 5; 221.0314, subdivision 3a.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2010, section 169.86, subdivision 4, is amended to read:
1.9 Subd. 4. Display and inspection of permit.
1.10carried in the vehicle or combination of vehicles to which it refers and
1.11to inspection by any
1.12
1.13person shall violate any of the terms or conditions of
1.14 Sec. 2. Minnesota Statutes 2010, section 169.86, subdivision 5, is amended to read:
1.15 Subd. 5. Fees; proceeds deposited; appropriation. The commissioner, with
1.16respect to highways under the commissioner's jurisdiction, may charge a fee for each
1.17permit issued. All
1.18must be deposited in the state treasury and credited to the trunk highway fund. Except
1.19for those annual permits for which the permit fees are specified elsewhere in this chapter,
1.20the fees
1.21 (a) $15 for each single trip permit.
1.22 (b) $36 for each job permit. A job permit may be issued for like loads carried on
1.23a specific route for a period not to exceed two months. "Like loads" means loads of the
1.24same product, weight, and dimension.
2.1 (c) $60 for an annual permit to be issued for a period not to exceed 12 consecutive
2.2months. Annual permits may be issued for:
2.3 (1) motor vehicles used to alleviate a temporary crisis adversely affecting the safety
2.4or well-being of the public;
2.5 (2) motor vehicles
2.6authorized under subdivision 1a;
2.7 (3) motor vehicles operating with gross weights authorized under section
2.8subdivision 1a
2.9 (4) special pulpwood vehicles described in section
2.10 (5) motor vehicles bearing snowplow blades not exceeding ten feet in width;
2.11 (6) noncommercial transportation of a boat by the owner or user of the boat;
2.12 (7) motor vehicles carrying bales of agricultural products authorized under section
2.14(8) special milk-hauling vehicles authorized under section
2.15 (d) $120 for an oversize annual permit to be issued for a period not to exceed 12
2.16consecutive months. Annual permits may be issued for:
2.17 (1) mobile cranes;
2.18 (2) construction equipment, machinery, and supplies;
2.19 (3) manufactured homes and manufactured storage buildings;
2.20 (4) implements of husbandry;
2.21 (5) double-deck buses;
2.22 (6) commercial boat hauling;
2.23 (7) three-vehicle combinations consisting of two empty, newly manufactured trailers
2.24for cargo, horses, or livestock, not to exceed 28-1/2 feet per trailer; provided, however,
2.25the permit allows the vehicles to be moved from a trailer manufacturer to a trailer dealer
2.26only while operating on twin-trailer routes designated under section
2.27paragraph (c); and
2.28(8) vehicles operating on that portion of marked Trunk Highway 36 described in
2.29section
2.30 (e) For vehicles
2.31sections
2.32this paragraph applies to any vehicle described in section
2.33paragraph (b), but only when the vehicle exceeds its gross weight allowance set forth in
2.34that paragraph, and then the additional cost is for all weight, including the allowance
2.35weight, in excess of the permitted maximum axle weight. The additional cost is equal
3.1to the product of the distance traveled times the sum of the overweight axle group cost
3.2factors shown in the following chart:
3.26The amounts added are rounded to the nearest cent for each axle or axle group. The
3.27additional cost does not apply to paragraph (c), clauses (1) and (3).
3.28For a vehicle found to exceed the appropriate maximum permitted weight, a cost-per-mile
3.29fee of 22 cents per ton, or fraction of a ton, over the permitted maximum weight is imposed
3.30in addition to the normal permit fee. Miles must be calculated based on the distance
3.31already traveled in the state plus the distance from the point of detection to a transportation
3.32loading site or unloading site within the state or to the point of exit from the state.
3.33 (f) As an alternative to paragraph (e), an annual permit may be issued for overweight,
3.34or oversize and overweight, mobile cranes; construction equipment, machinery, and
3.35supplies; implements of husbandry; and commercial boat hauling. The fees for the permit
3.36are as follows:
4.4If the gross weight of the vehicle is more than
4.5determined under paragraph (e).
4.6 (g) For vehicles which exceed the width limitations set forth in section
4.7more than 72 inches, an additional cost equal to $120 added to the amount in paragraph (a)
4.8when the permit is issued while seasonal load restrictions pursuant to section
4.9in effect.
4.10 (h) $85 for an annual permit to be issued for a period not to exceed 12 months, for
4.11refuse-compactor vehicles that carry a gross weight of not more than: 22,000 pounds on
4.12a single rear axle; 38,000 pounds on a tandem rear axle; or, subject to section
4.13subdivision 2
4.14pounds on a tridem rear axle must limit the gross vehicle weight to not more than 62,000
4.15pounds.
4.16 (i) $300 for a motor vehicle described in section
4.17paragraph must be deposited
4.18
4.19
4.20
4.21
4.22
4.23
4.24
4.25
4.26
4.27
4.28fund.
4.29 (j) Beginning August 1, 2006, $200 for an annual permit for a vehicle operating
4.30under authority of section
4.31 Sec. 3. Minnesota Statutes 2010, section 221.0314, subdivision 3a, is amended to read:
4.32 Subd. 3a. Waiver for other medical condition. (a) The commissioner may grant
4.33a waiver to a person who is not physically qualified to drive under Code of Federal
4.34Regulations, title 49, section
4.35this subdivision applies to intrastate transportation only.
5.1(b) A person who wishes to obtain a waiver under this subdivision must give the
5.2commissioner the following information:
5.3(1) the applicant's name, address, and telephone number;
5.4(2) the name, address, and telephone number of an employer coapplicant, if any;
5.5(3) a description of the applicant's experience in driving the type of vehicle to be
5.6operated under the waiver;
5.7(4) a description of the type of driving to be done under the waiver;
5.8(5) a description of any modifications to the vehicle the applicant intends to drive
5.9under the waiver that are designed to accommodate the applicant's medical condition or
5.10disability;
5.11(6) whether the applicant has been granted another waiver under this subdivision;
5.12(7) a copy of the applicant's current driver's license;
5.13(8) a copy of a medical examiner's certificate showing that the applicant is medically
5.14unqualified to drive unless a waiver is granted;
5.15(9) a statement from the applicant's treating physician that includes:
5.16(i) the extent to which the physician is familiar with the applicant's medical history;
5.17(ii) a description of the applicant's medical condition for which a waiver is necessary;
5.18(iii) assurance that the applicant has the ability and willingness to follow any course
5.19of treatment prescribed by the physician, including the ability to self-monitor or manage
5.20the medical condition; and
5.21(iv) the physician's professional opinion that the applicant's condition will not
5.22adversely affect the applicant's ability to operate a motor vehicle safely; and
5.23(10) any other information considered necessary by the commissioner including
5.24requiring a physical examination or medical report from a physician who specializes
5.25in a particular field of medical practice.
5.26(c) In granting a waiver under this subdivision, the commissioner may impose
5.27conditions the commissioner considers necessary to ensure that an applicant is able to
5.28operate a motor vehicle safely and that the safety of the general public is protected.
5.29(d) A person who is granted a waiver under this subdivision must:
5.30(1) at intervals specified in the waiver, give the commissioner periodic reports from
5.31the person's treating physician, or a medical specialist if the commissioner so requires in
5.32the waiver, that contain the information described in paragraph (b), clause (9), together
5.33with a description of any episode that involved the person's loss of consciousness or loss
5.34of ability to operate a motor vehicle safely; and
5.35(2) immediately report the person's involvement in an accident for which a report is
5.36required under section
6.1(e) The commissioner shall deny an application if, during the three years preceding
6.2the application:
6.3(1) the applicant's driver's license has been suspended under section
6.4paragraph (a), clauses (1) to (9), (11), and (12), canceled under section
6.5under section
6.6(2) the applicant has been convicted of a violation under section 171.24; or
6.7
6.8Code of Federal Regulations, title 49, section
6.9by reference.
6.10(f) The commissioner may deny an application or may immediately revoke a
6.11waiver granted under this subdivision. Notice of the commissioner's reasons for denying
6.12an application or for revoking a waiver must be in writing and must be mailed to
6.13the applicant's or waiver holder's last known address by certified mail, return receipt
6.14requested. A person whose application is denied or whose waiver is revoked is entitled to
6.15a hearing under chapter 14.
6.16(g) A waiver granted under this subdivision expires on the date of expiration shown
6.17on the medical examiner's certificate described in paragraph (b), clause (8).
