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169.85.2(a)
Statute ID:
14380
Statute Function ID:
31178
Traffic Regulation - Driver Refuses to Unload Excess Weight
In Effect
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Function Details
History
Text
Charge
Classifications
Offense Level:
Misdemeanor (M)
General Offense Code:
DWI/Traffic/Vehicle Regulation (4)
Offense Summary Code & Rank:
Traffic/Accidents(exclude DWI) (J) (Rank 28)
Detailed Offense Code:
Traffic/Transportation (499)
Offense Severity Level:
Function Text:
UCR Code
Description
999
NIBRS Non-Reportable
Flags
Crime of Violence:
No
Targeted Misdemeanor:
No
Predatory Offender Registration Review:
No
Enhanceable:
No
Certify to DPS:
No
Report to DNR:
No
DPS Group:
No
Conditional Release:
No
Payable:
No
Petty Misdemeanor Only if Prosecutor Certifies:
No
Third Violation Indicator:
No
Qualified Domestic Violence Related:
No
Nonviolent Controlled Substance Offender Review:
No
Wildlife Restitution:
No
Statute Number:
169.85.2(a)
Enactment Date:
May 10, 2012
Effective Date:
Oct 1, 2012
Expiration Date:
Repealed?:
No
Summary Text:
Traffic Regulation - Driver Refuses to Unload Excess Weight
Statute ID:
14380
Created:
Oct 2, 2012 by mnjis.legal.analyst@state.mn.us
Updated:
Oct 2, 2012 by mnjis.legal.analyst@state.mn.us
Last Update Action:
Updated
Legal Analyst Comment:
Amended 2012 c287 art4 sec25; Effective 10/01/12; Changes to exception language in (c)
Summary Text:
Traffic Regulation - Driver Refuses to Unload Excess Weight
Link to MN Statute Text:
https://www.revisor.leg.state.mn.us/stats/169/85.html
Legislative Session:
2012 - Regular
Session Law Text?:
No
Statute text last updated on:
Jul 10, 2018
(a) Upon weighing a vehicle and load, as provided in this section, an officer may require the driver to stop the vehicle in a suitable place and remain standing until a portion of the load is removed that is sufficient to reduce the gross weight of the vehicle to the limit permitted under either section 168.013, subdivision 3, paragraph (b), or sections 169.823 to 169.829, whichever is the lesser violation, if any. A suitable place is a location where loading or tampering with the load is not prohibited by federal, state, or local law, rule, or ordinance. (b) Except as provided in paragraph (c), a driver may be required to unload a vehicle only if the weighing officer determines that (1) on routes subject to the provisions of sections 169.823 to 169.829, the weight on an axle exceeds the lawful gross weight prescribed by sections 169.823 to 169.829, by 2,000 pounds or more, or the weight on a group of two or more consecutive axles in cases where the distance between the centers of the first and last axles of the group under consideration is ten feet or less exceeds the lawful gross weight prescribed by sections 169.823 to 169.829, by 4,000 pounds or more; or (2) the weight is unlawful on an axle or group of consecutive axles on a road restricted in accordance with section 169.87. Material unloaded must be cared for by the owner or driver of the vehicle at the risk of the owner or driver. (c) The driver is not required to unload under paragraph (b) when the gross weight of the vehicle does not exceed: (1) the sum of the vehicle's registered gross weight plus, the weight allowance set forth in section 168.013, subdivision 3, paragraph (b), and, if applicable, the weight allowance permitted under section 169.826; or (2) the weight allowed by special permit issued under section 169.86 for a vehicle that is operated in conformity with the limitations and conditions of the permit.
