Forum Discussion
Winged_One
May 01, 2014Explorer
hotpepperkid wrote:Winged One wrote:Tom&Dee wrote:
Mn Statute 169.85Winged One wrote:
169.85 WEIGHING; PENALTY.
Take a look at Mn Statute 169.85(2) if the vehicle is a commercial motor vehicle, no more than two other commercial motor vehicles are waiting to be inspected at the scale. Unless you are transporting trailers for a living you are not a commercial vehicle.
Just to be clear, that is not how it works under statute. That section 2 is under part (b) which in turn is under subdivision 1. Part (d), that the officer was referring to is it's own, under subdivision 1. Thus it would read:
Subdivision 1.Driver to stop for weighing.
(d) When a truck weight enforcement operation is conducted by means of portable or stationary scales, signs giving notice of the operation must be posted within the highway right-of-way and adjacent to the roadway within two miles of the operation. The driver of a truck or combination of vehicles registered for or with a gross vehicle weight exceeding 10,000 pounds shall proceed to the scale site and submit the vehicle to weighing and inspection.
That is how it would be interpreted by the courts. Each item (a-d) is its own stand alone statement.
Not saying I stop (never knew I had too), but understanding how it is interpreted by law enforcement and the courts, if they should ever decide to enforce it.
And we still don't know their definition of a truck as pertaining to truck and weigh stations
True, I only have his statement that a 1 ton is considered a truck under Minnesota statutes.
But I think they got us anyway, with the "or combination of vehicles". I think we would be hard pressed to say a truck and trailer are not a combination of vehicles.
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