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169.85.2(c)

Statute ID: 14382

Statute Function ID: 31180

Traffic Regulation - Driver Refuses to Unload Excess Weight - Exception

In Effect

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Statute Number:

169.85.2(c)

Enactment Date:

May 10, 2012

Effective Date:

Oct 1, 2012

Expiration Date:

Repealed?:

Summary Text:

Traffic Regulation - Driver Refuses to Unload Excess Weight - Exception

Statute ID:

14382

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 - Exception

Link to MN Statute Text:

https://www.revisor.leg.state.mn.us/stats/169/85.html

Legislative Session:

2012 - Regular

Session Law Text?:

Statute text last updated on:

Oct 2, 2012

(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.