Revisions for 2012Statewide Traffic/Criminal Payables List

Key to changes: New language Deleted language

Page No. references are to the 2011 version of the payables list.

No. / Action / Page No. / Statute/Rule / Description / Fine / Case Type / DPS Cert / Rationale
1 / Amend to remove subd. 1 / 9 / 169.222, subd. 1subd. 2-10 / Bicycle violations
[NOTE: Subd. 1 provides, “Traffic laws apply.Every person operating a bicycle shall have all of the rights and duties applicable to the driver of any other vehicle by this chapter, except in respect to those provisions in this chapter relating expressly to bicycles and in respect to those provisions of this chapter which by their nature cannot reasonably be applied to bicycles.”] / 20 / P / N / Subd. 1 is not a violation in and of itself; rather, the underlying traffic offense is the violation.
If subd. 1 remains on the payables list at $20 it creates discrepancies in the fine based on the officer’s charging habits.
2 / Amend / 18 / 169.823, subd. 1(1)-(4) or subd. 2;
169.824, subd. 1(a)-(b),
subd. 2(a)(1)-(2), or subd. 2(b); or
169.827; or
169.87 / Weight limits: (Vehicle overweight as to single axles, tandem axles, or overweight as to registered gross weight or over maximum vehicle weight allows (80,000 lbs.)
Gross weight exceeds gross weight limit
Up to 999 lbs. over
1000 to 1999 lbs. over
2000 to 2999 lbs. over
[etc.] / 50
100
200
[etc.] / M / N / Include fine amount for offenses less than 1000 lbs over limit. Fine set at $50, which is half of the fine for the 1000 to 1999 lbs overweight violation.
3 / Amend / 21 / 171.09, subd. 1(d)(2)1(f)(2) / Driving restriction violations / 50 / M / Y / Statute renumbered (Laws 2010, ch. 242, §7), effective August 1, 2011 (Laws 2010, ch. 242, §11).
4 / Amend / 22 / 171.27(a)-(d) / Driving with an expired license / 100 / M / Y / Statute amended and separated out into clauses (Laws 2011, ch. 54, §1).
5 / Amend / 23 / 152.027, subd. 3 / Possess over 1.4 grams marijuana in motor vehicle (owner or driver)
NOT PAYABLE BY JUVENILES / 150 / M / Y / To require juveniles charged with alcohol and drug offenses to appear in court (applies to No. 5 –No. 15)
6 / Amend / 23 / 152.027, subd. 4(a) / Possess/sale small amounts of marijuana
NOT PAYABLE BY JUVENILES / 50 / P / M
7 / Amend / 23 / 152.027, subd. 4(b) / Sale of Small Amount of Marijuana-Subsequent Conviction within 2 years
NOT PAYABLE BY JUVENILES / 100 / M / M
8 / Amend / 23 / 152.027, subd. 4(c) / Conviction for Possess/Sale Small Amount of Marijuana-Fail to Comply with Sentence
NOT PAYABLE BY JUVENILES / 100 / M / M
9 / Amend / 23 / 152.092 / Possession of drug paraphernalia
NOT PAYABLE BY JUVENILES / 50 / P / N
10 / Amend / 23 / 340A.503, subd. 1(a)(1) / Liquor-retail/store/club-permit under 21 to consume
NOT PAYABLE BY JUVENILES / 100 / M / N
11 / Amend / 23 / 340A.503, subd. 1(a)(2) / Liquor-consumption by persons under 21
NOT PAYABLE BY JUVENILES / 100 / M / N
12 / Amend / 24 / 340A.503, subd. 2(2) / Liquor-purchase by person under 21 yr
NOT PAYABLE BY JUVENILES / 100 / M / N
13 / Amend / 24 / 340A.503, subd. 3 / Liquor-possession by person under 21
NOT PAYABLE BY JUVENILES / 100 / M / N
14 / Amend / 24 / 340A.503, subd. 4(a) / Liquor-person under 21 enter licensed premises
NOT PAYABLE BY JUVENILES / 100 / M / N
15 / Amend / 24 / 340A.503, subd. 5 / Liquor-persons under 21-misprepresent age (first offense only)
NOT PAYABLE BY JUVENILES / 100 / M / N
16 / To clarify for court staff when the $100 juvenile petty offender fine cap applies, add the following language to the front page of each of the 3 payables lists in the Policies section:
NOTE For Juvenile Payables ONLY: for any offense NOT charged under chapter 168, 169, 169A, or 171, the maximum fine per offense for a juvenile is $100. See Minn. Stat. §260B.235, subd. 4 (maximum fine for non-traffic, juvenile petty offenses is $100).

Revisions for 2012 Statewide Payables Lists

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ProposedRevisions for 2012 Statewide Trucks and Common Carrier Payables List

Key to changes: New language Deleted language

Page No. references are to the 2011 version of the payables list.

No. / Action / Page
No. / Statute/Rule / Description / Fine / Case Type / DPS Cert / Rationale
1 / Amend / 2 / 49 CFR 391.11(b)(4) / No medical certificate issuedNot physically qualified to drive a commercial motor vehicle in
accordance with subpart E--Physical Qualifications and Examinations / 100 / M / N / Clarifies description to more closely match language in CFR.
2 / Add / 5 / 49 CFR 393.51(a) / Fail to equip vehicle with a signal that provides a warning to the driver when a failure occurs in the vehicle’s service brake system. / 100 / M / N / Adds offense, which is similar to other violations already on the list.
3 / Amend / 5 / 49 CFR 396.3(a)(1) / Power assist fails to operate; seeping or swelling of brake hose under pressure; missing or nonoperative check valve
Fine is per brake, up to maximum listed. / 150
100 ea
200 max / M / N / It is often difficult for court staff to know which offense/fine applies to a citation charged under 49 CFR 396.3(a)(1).
Recommendation is to establish a consistent $150 fine for all offenses charged under section 396.3(a)(1).
6 / 49 CFR 396.3(a)(1) / Brakes beyond readjustment limits; More than 1 of out-of service conditions
Fine is per brake, up to maximum listed.
Cracked brake drum or any portion of drum or rotor in danger of falling away
Damaged brake hose / 150
50 ea
200 max
50 ea
200 max
50 ea
200 max / M
M
M / N
N
N
8 / 49 CFR 396.3(a)(1) / Missing or not engaged locking pins, or locking bar not closed or locked / 150 / M / N
10 / 49 CFR 396.3(a)(1) / Operating Unsafe Equipment: 1 defect (to be used only for defects not described above)
Operating Unsafe Equipment; multiple defects (to be used only for defects not described above) / 100
150
250 / M
M / N
N

Revisions for 2012 Statewide Payables Lists

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