Subdivision 1. Civil liability. (a) The owner or lessee of a vehicle that is operated with a gross weight in excess of a weight limit imposed under sections 169.823 to 169.8295, 169.84 to 169.851, and 169.87 or a shipper who ships or tenders goods for shipment in a single truck or combination vehicle that exceeds a weight limit imposed under sections 169.823 to 169.8295, 169.84 to 169.851, and 169.87 is liable for a civil penalty as follows:
(1) if the total gross excess weight is not more than 1,000 pounds, one cent per pound for each pound in excess of the legal limit;
(2) if the total gross excess weight is more than 1,000 pounds but not more than 3,000 pounds, $10 plus five cents per pound for each pound in excess of 1,000 pounds;
(3) if the total gross excess weight is more than 3,000 pounds but not more than 5,000 pounds, $110 plus ten cents per pound for each pound in excess of 3,000 pounds;
(4) if the total gross excess weight is more than 5,000 pounds but not more than 7,000 pounds, $310 plus 15 cents per pound for each pound in excess of 5,000 pounds;
(5) if the total gross excess weight is more than 7,000 pounds, $610 plus 20 cents per pound for each pound in excess of 7,000 pounds.
(b) Notwithstanding any other law to the contrary, if a person found guilty of a violation of a weight limit imposed under this section or sections 169.823 to 169.8295, 169.84 to 169.851, or 169.87 is also found by the court to have knowingly and contemporaneously attempted to evade a fixed weigh station or to otherwise avoid weighing by means of stationary scales under section 169.85 or other law, the court must impose a penalty of twice the amount otherwise authorized under paragraph (a).
(c) Any penalty imposed upon a defendant under this subdivision must not exceed the penalty prescribed by this subdivision. Any fine paid by the defendant in a criminal overweight action that arose from the same overweight violation is applied toward payment of the civil penalty under this subdivision. A peace officer or Department of Public Safety employee described in section 299D.06 who cites a driver for a violation of the weight limitations established by sections 169.81 to 169.851 and 169.87 must give written notice to the driver that the driver or another may also be liable for the civil penalties provided herein in the same or separate proceedings.
(d) A penalty imposed upon the owner or lessee of a vehicle that is based on violations identified by the use of shippers' weight records under section 169.872 must not exceed an aggregate of $10,000.
Subd. 1a. Special permit violations. (a) The owner or lessee of a vehicle that is operated with a gross weight in excess of an adjusted weight limit and a shipper who ships or tenders goods for shipment in a single truck or combination vehicle that exceeds an adjusted weight limit is liable for a civil penalty. The civil penalty is the greater of (1) as calculated at a rate of five cents per pound for each pound in excess of the highest weight allowed by the permit or under section 169.826, subdivision 1, or (2) $100.
(b) Any penalty imposed upon a defendant under this subdivision shall not exceed the penalty prescribed by this subdivision. Any fine paid by the defendant in a criminal overweight action that arose from the same overweight violation may not be applied toward payment of the civil penalty under this subdivision. A peace officer or Department of Public Safety employee described in section 299D.06 who cites a driver for a violation of the adjusted weight limit shall give written notice to the driver that the driver or another may also be liable for the civil penalty provided in this subdivision in the same or separate proceedings.
(c) For purposes of this subdivision, "adjusted weight limit" means a weight limit (1) imposed by a permit issued under this chapter, or (2) imposed under section 169.826, subdivision 1.
Subd. 1b. Civil penalty for first two violations. Notwithstanding subdivision 1, paragraph (a), clauses (1) to (5), a civil penalty under subdivision 1 for a violation in a motor vehicle in the course of a first haul as defined in section 168.013, subdivision 3, paragraph (d), clause (3), of a weight limit imposed under sections 169.823 to 169.829, 169.84 to 169.851, and 169.87 that is not preceded by two or more violations of the gross weight limits in those sections in that motor vehicle within the previous 12 months, may not exceed $150.
Subd. 2. Jurisdiction. The district court may hear, try and determine actions commenced under this section. Trials under this section shall be to the court, sitting without a jury. Trials to the court under this section shall, if possible, be conducted at the same time as pretrial motions or trials in the criminal prosecution under sections 169.81 to 169.87, if any, subject to the agreement of the defendant.
Subd. 3. Appearance. Notwithstanding the provisions of section 8.01, county or city attorneys may appear in civil actions commenced under this section at the request of the attorney general.
Subd. 4. Venue. Civil actions under this section may be commenced in any county in which the vehicle was loaded, unloaded or operated in violation of subdivision 1 unless there is agreement that the action may be tried in another county or municipality.
Subd. 5. Fines; proceeds allocated. Any penalty imposed and fines collected pursuant to this section shall be disposed of as provided in section 299D.03, subdivision 5, with the following exceptions:
(a) If the violation occurs in the county, and the county attorney appears in the action, the remaining five-eighths shall be credited to the highway user tax distribution fund.
(b) If the violation occurs within the municipality, and the city attorney appears in the action, the remaining one-third shall be paid to the highway user tax distribution fund.
(c) Except as provided in paragraph (d), when the attorney general appears in the action, all penalties imposed and fines collected shall be credited to the highway user tax distribution fund.
(d) If the violation occurs in Hennepin County, and the arrest or apprehension is made by the county sheriff, three-eighths of the civil penalty shall be credited to the general revenue fund of the county and the remaining five-eighths shall be credited to the highway user tax distribution fund.
Subd. 6. Costs and disbursements. The prevailing party in any action commenced under this section shall be entitled to reasonable costs incurred in the action.
Subd. 7. Shipper's good-faith exception. (a) The penalty imposed by subdivision 1 shall not be imposed on a shipper who in good faith ships goods or tenders goods for shipment in a vehicle that does not exceed the maximum gross weight for which the truck is licensed under section 168.013, subdivision 1e.
(b) For purposes of this section, "good faith" means that (1) the vehicle is licensed pursuant to section 168.013, subdivision 1e, (2) the operator of the vehicle is not under the control of the shipper, (3) the operator has requested that the vehicle be loaded to the maximum gross weight for which the vehicle is licensed, and (4) the road leading from the shipper's immediate place of shipment may be legally used for the allowed gross weight of the vehicle with its legally maximum load.
1980 c 485 s 2; 1980 c 618 s 10; 1981 c 321 s 10; 3Sp1981 c 2 art 1 s 14,15; 1983 c 198 s 13,14; 1985 c 299 s 12; 1986 c 444; 1988 c 606 s 1,2; 1996 c 455 art 3 s 23; 1997 c 230 s 4,5; 1998 c 254 art 2 s 16; 2002 c 297 s 1; 2010 c 320 art 1 s 15-17; 2017 c 86 s 2; 2022 c 55 art 1 s 77
Structure Minnesota Statutes
Chapters 160 - 174A — Transportation
Chapter 169 — Traffic Regulations
Section 169.011 — Definitions.
Section 169.022 — Uniform Application.
Section 169.025 — Application Of Motor Carrier Regulations.
Section 169.03 — Emergency Vehicles.
Section 169.035 — Exemptions; Applications.
Section 169.04 — Local Authority.
Section 169.042 — Towing; Notice To Victim Of Vehicle Theft.
Section 169.045 — Special Vehicle Use On Roadway.
Section 169.05 — Private Roadways.
Section 169.06 — Signs, Signals, Markings.
Section 169.07 — Unauthorized Sign, Signal, Or Marking.
Section 169.072 — Unauthorized Mailbox Installation.
Section 169.073 — Prohibited Light Or Signal.
Section 169.08 — Unlawful To Possess, Alter, Deface, Or Remove Sign.
Section 169.10 — Statistical Information.
Section 169.13 — Reckless Or Careless Driving.
Section 169.14 — Speed Limits, Zones; Radar.
Section 169.15 — Impeding Traffic; Intersection Gridlock.
Section 169.17 — Emergency Vehicle.
Section 169.18 — Driving Rules.
Section 169.19 — Turning, Starting, And Signaling.
Section 169.20 — Right-of-way.
Section 169.202 — Blind Person Carrying White Cane.
Section 169.212 — Operation Of Electric Personal Assistive Mobility Devices.
Section 169.215 — Crossing For Seniors Or Disabled Persons.
Section 169.2151 — Pedestrian Safety Crossings.
Section 169.219 — Public Service Announcements.
Section 169.22 — Hitchhiking; Solicitation Of Business.
Section 169.222 — Operation Of Bicycle.
Section 169.223 — Motorized Bicycle.
Section 169.224 — Neighborhood And Medium-speed Electric Vehicles.
Section 169.225 — Motorized Foot Scooter.
Section 169.26 — Special Stops At Railroad Crossing.
Section 169.28 — Certain Vehicles To Stop At Railroad Crossing.
Section 169.29 — Crossing Railroad Tracks With Certain Equipment.
Section 169.30 — Designation Of Through Highways.
Section 169.305 — Controlled-access Rules And Penalties.
Section 169.306 — Use Of Shoulders By Buses.
Section 169.31 — Stop At Sidewalk.
Section 169.315 — Opening And Closing Vehicle Door.
Section 169.37 — Obstructing View Of Driver.
Section 169.40 — Fire Truck; Fire Station.
Section 169.41 — Crossing Fire Hose.
Section 169.42 — Littering; Dropping Object On Vehicle; Misdemeanor.
Section 169.421 — Civil Liability For Littering.
Section 169.43 — Swinging Gate On Truck.
Section 169.32 — Stopping, Standing, And Parking.
Section 169.33 — Police May Move Vehicle.
Section 169.34 — Prohibitions; Stopping, Parking.
Section 169.342 — Good Samaritan; Exception To Stopping And Parking.
Section 169.345 — Parking Privilege For Physically Disabled.
Section 169.346 — Disability Parking Areas; Criteria, Enforcement.
Section 169.435 — Office Of Pupil Transportation Safety.
Section 169.441 — School Bus Identification.
Section 169.442 — School Bus Signals.
Section 169.443 — Safety Of School Children; Bus Driver's Duties.
Section 169.444 — Safety Of School Children; Duties Of Other Drivers.
Section 169.445 — Cooperation With Law Enforcement.
Section 169.446 — Safety Of School Children; Training And Education Rules.
Section 169.447 — School Bus And Head Start Bus Safety.
Section 169.4475 — Special Event School Bus Use.
Section 169.448 — Other Buses.
Section 169.449 — School Bus Operation.
Section 169.4501 — School Bus Equipment Standards.
Section 169.4502 — Additional Minnesota School Bus Chassis Standards.
Section 169.4503 — Additional Minnesota School Bus Body Standards.
Section 169.4504 — Additional Standards For Specially Equipped Bus.
Section 169.451 — Inspecting School And Head Start Buses; Rules; Misdemeanor.
Section 169.4511 — School Bus Accident And Subsequent Operation.
Section 169.454 — Type Iii Vehicle Standards.
Section 169.4581 — Criminal Conduct On School Bus.
Section 169.4582 — Reportable Offense On School Bus.
Section 169.46 — Hitching Behind Vehicle.
Section 169.467 — Motor Vehicle Safety Standards; Definitions.
Section 169.468 — Vehicle Safety Rules; Federal Safety Standards.
Section 169.47 — Unsafe Equipment.
Section 169.471 — Television; Headphones.
Section 169.475 — Use Of Wireless Communications Device.
Section 169.48 — Vehicle Lighting.
Section 169.51 — Clearance And Marker Lamps.
Section 169.52 — Projecting Load; Light Or Flag.
Section 169.522 — Slow-moving Vehicle, Sign Required.
Section 169.53 — Lights For Parked Vehicles.
Section 169.541 — Lighting Exemption For Law Enforcement; Standards.
Section 169.55 — Lights On All Vehicles.
Section 169.56 — Auxiliary Lights.
Section 169.57 — Vehicle Signals.
Section 169.58 — Identification Lamps.
Section 169.59 — Warning Lights.
Section 169.60 — Distribution Of Light.
Section 169.61 — Composite Beam.
Section 169.62 — Certain Lights Permitted On Old Motor Vehicles.
Section 169.63 — Number Of Lamps.
Section 169.64 — Prohibited Lights; Exceptions.
Section 169.65 — Specifications For Lighting And Other Devices.
Section 169.66 — Hearing On Specifications.
Section 169.684 — Seat Belt; Declaration Of Policy.
Section 169.685 — Seat Belt; Passenger Restraint System For Children.
Section 169.686 — Seat Belt Use Required; Penalty.
Section 169.693 — Motor Vehicle Noise Limits.
Section 169.70 — Rear View Mirror.
Section 169.72 — Tire Surface; Metal Studs.
Section 169.721 — Unsafe Tires; Definitions.
Section 169.722 — Rules For Tire Safety.
Section 169.723 — Tires Considered Unsafe.
Section 169.724 — Prohibition; Operating Automobile With Unsafe Tires.
Section 169.726 — Automobile Sale Prohibited Unless Tires Are Safe.
Section 169.727 — Unsafe Tires; Misdemeanor.
Section 169.73 — Bumpers, Safeguards.
Section 169.733 — Wheel Flaps On Truck And Trailer.
Section 169.734 — Automobile Fenders.
Section 169.74 — Safety Glass.
Section 169.75 — Flares, Flags, Or Reflectors Required.
Section 169.751 — Definitions.
Section 169.752 — Patrol Motor Vehicles, First Aid Equipment.
Section 169.753 — Law Enforcement Officers Trained In First Aid.
Section 169.762 — Pressurized Flammable Gas.
Section 169.771 — Spot-check Of Motor Vehicle.
Section 169.781 — Annual Commercial Vehicle Inspection; Inspectors, Fee, Penalty.
Section 169.782 — Daily Commercial Vehicle Inspection; Penalty.
Section 169.783 — Commercial Vehicle Accident; Reinspection.
Section 169.79 — Vehicle Registration; Displaying License Plates.
Section 169.791 — Criminal Penalty For Failure To Produce Proof Of Insurance.
Section 169.792 — Revocation Of License For Failure To Produce Proof Of Insurance.
Section 169.793 — Vehicle Insurance; Unlawful Acts, Penalties.
Section 169.795 — Vehicle Insurance Rules.
Section 169.796 — Verification Of Insurance Coverage.
Section 169.797 — Penalties For Failure To Provide Vehicle Insurance.
Section 169.798 — Rules Of Commissioner Of Public Safety.
Section 169.7995 — Failure To Produce Rental Or Lease Agreement.
Section 169.80 — Size, Weight, Load.
Section 169.801 — Implement Of Husbandry.
Section 169.81 — Height And Length Limitations.
Section 169.812 — Escort Vehicles For Overdimensional Loads; Definitions; Requirements.
Section 169.82 — Trailer Equipment.
Section 169.822 — Weight Limitations; Definitions.
Section 169.823 — Tire Weight Limits.
Section 169.824 — Gross Weight Schedule.
Section 169.826 — Gross Weight Seasonal Increases.
Section 169.8261 — Gross Weight Limitations; Forest Products.
Section 169.827 — Gross Weight Reduction On Restricted Route.
Section 169.828 — Axle Restrictions.
Section 169.829 — Weight Limits Not Applicable To Certain Vehicles.
Section 169.8295 — Weight Limits; Vehicles Transporting Milk.
Section 169.84 — Load Limit On Bridge.
Section 169.85 — Weighing; Penalty.
Section 169.851 — Weight Record.
Section 169.86 — Special Permit To Exceed Height, Width, Or Load; Fees.
Section 169.862 — Permit For Baled Farm Product To Exceed Height Or Width.
Section 169.863 — Special Pulpwood Vehicle Permit.
Section 169.864 — Special Products Vehicle Permits.
Section 169.865 — Special Farm Products Permits.
Section 169.866 — Special Canola-hauling Vehicle Permit.
Section 169.8665 — Special Soybean Meal-hauling Vehicle Permit.
Section 169.868 — Special Freight Distribution Permit.
Section 169.869 — Road Construction Materials Special Permit.
Section 169.87 — Seasonal Load Restriction; Route Designation.
Section 169.871 — Excess Weight; Civil Penalty.
Section 169.872 — Receipt Of Certain Overweight Loads.
Section 169.88 — Damages; Liability.
Section 169.881 — Vehicle Platoons.
Section 169.891 — Jurisdiction; Limitation Of Actions.
Section 169.92 — Failure To Appear.
Section 169.93 — Arrest Without Warrant.
Section 169.94 — Record Of Conviction.
Section 169.95 — Court To Keep Separate Records Of Violations.
Section 169.96 — Interpretation And Effect.
Section 169.965 — University Regents To Regulate Traffic And Parking.
Section 169.966 — Board To Regulate Traffic On State Universities.
Section 169.97 — Citation; Highway Traffic Regulation Act.
Section 169.971 — Driver Improvement Clinics; Definitions.
Section 169.972 — Establishment Of Driver Improvement Clinic; Fees.
Section 169.973 — Regulation Of Clinic; Director.
Section 169.974 — Operation Of Motorcycle; Motor Scooter; Motor Bike.
Section 169.98 — Police, Patrol, Or Security Guard Vehicle.
Section 169.985 — Traffic Citation Quota Prohibited.
Section 169.99 — Uniform Traffic Ticket.
Section 169.999 — Administrative Citations For Certain Traffic Offenses.