HF 818

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to transportation; granting towing authority to Department of
Transportation within its metropolitan district; modifying provisions relating to
hazardous materials; modifying provisions related to motor carriers; amending
Minnesota Statutes 2006, sections 168B.04, subdivision 2; 169.01, subdivisions
19, 20; 169.041, subdivisions 1, 2; 221.031, subdivision 6; 221.0314, by adding
a subdivision; 221.033, subdivision 2d; 221.037, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 168B.04, subdivision 2, is amended to read:

Subd. 2.

Unauthorized vehicles.

(a) Units of government and peace officers may
take into custody and impound any unauthorized vehicle under section 169.041.

(b) A vehicle may also be impounded after it has been left unattended in one of the
following public or private locations for the indicated period of time:

(1) in a public location not governed by section 169.041:

(i) on a highway and properly tagged by a peace officer, four hours;

(ii) located so as to constitute an accident or traffic hazard to the traveling public, as
determined by a peace officer, immediately; deleted text begin or
deleted text end

new text begin (iii) located so as to constitute an accident or traffic hazard to the traveling public
within the Department of Transportation's eight-county metropolitan district, as determined
by an authorized employee of the department's freeway service patrol, immediately; or
new text end

deleted text begin (iii) deleted text end new text begin (iv) new text end that is a parking facility or other public property owned or controlled by a
unit of government, properly posted, four hours; or

(2) on private property:

(i) that is single-family or duplex residential property, immediately;

(ii) that is private, nonresidential property, properly posted, immediately;

(iii) that is private, nonresidential property, not posted, 24 hours;

(iv) that is private, nonresidential property of an operator of an establishment for the
servicing, repair, or maintenance of motor vehicles, five business days after notifying the
vehicle owner by certified mail, return receipt requested, of the property owner's intention
to have the vehicle removed from the property; or

(v) that is any residential property, properly posted, immediately.

new text begin (c) When a tow is requested under paragraph (b), clause (1) (iii), the department shall
ensure that the tower initially requested to remove the vehicle is given the opportunity,
to the greatest reasonable extent, to actually conduct and complete all towing operations
requested; provided that, the owner of the vehicle to be towed has not already requested
that another tower remove the vehicle, in which case the tower contacted by the owner
must be given the first reasonable opportunity to conduct the towing operations required.
new text end

Sec. 2.

Minnesota Statutes 2006, section 169.01, subdivision 19, is amended to read:

Subd. 19.

Explosives.

"Explosives" deleted text begin means any chemical compound or mechanical
mixture that is commonly used or intended for the purpose of producing an explosion
and which contains any oxidizing and combustive units or other ingredients in such
proportions, quantities, or packing that an ignition by fire, by friction, by concussion, by
percussion, or by detonator of any part of the compound or mixture may cause such a
sudden generation of highly heated gases that the resultant gaseous pressures are capable
of producing destructible effects on contiguous objects or of destroying life or limb deleted text end new text begin has
the meaning given in Code of Federal Regulations, title 49, section 173.50 new text end .

Sec. 3.

Minnesota Statutes 2006, section 169.01, subdivision 20, is amended to read:

Subd. 20.

Flammable liquid.

"Flammable liquid" deleted text begin means deleted text end new text begin has the meaning given
new text end any liquid deleted text begin which has a flash point of 70 degrees Fahrenheit, or less, as determined by a
tagliabue or equivalent closed cup test device deleted text end new text begin defined in Code of Federal Regulations,
title 49, section 173.120 new text end .

Sec. 4.

Minnesota Statutes 2006, section 169.041, subdivision 1, is amended to read:

Subdivision 1.

Towing authority.

For purposes of this section, "towing authority"
means new text begin : new text end

new text begin (1) new text end any local authority authorized by section 169.04 to enforce the traffic laws, and
deleted text begin also includes deleted text end a private towing company authorized by a local authority deleted text begin to tow vehicles on
behalf of that local authority. deleted text end new text begin ; or new text end

new text begin (2) an authorized employee of the Department of Transportation's freeway service
patrol within the department's eight-county metropolitan district, and also includes a
private towing company authorized by the department to tow vehicles on behalf of the
department.
new text end

Sec. 5.

Minnesota Statutes 2006, section 169.041, subdivision 2, is amended to read:

Subd. 2.

Towing order required.

A towing authority may not tow a motor vehicle
from public property unless a peace officer or parking enforcement officer has prepared, in
addition to the parking citation, a written towing report describing the motor vehicle and
the reasons for towing. The report must be signed by the officer and the tow driver. new text begin Within
the Department of Transportation's eight-county metropolitan district, an authorized
employee of the department's freeway service patrol may order a tow from a trunk highway
after preparing a written towing report provided by the Minnesota State Patrol. A citation
need not be issued before the employee orders a tow. The department employee shall
ensure that the tower initially requested to remove the vehicle is given the opportunity,
to the greatest reasonable extent, to actually conduct and complete all towing operations
requested; provided that, the owner of the vehicle to be towed has not already requested
that another tower remove the vehicle, in which case the tower contacted by the owner
must be given the first reasonable opportunity to conduct the towing operations required.
new text end

Sec. 6.

Minnesota Statutes 2006, section 221.031, subdivision 6, is amended to read:

Subd. 6.

Vehicle identification rule.

(a) The following carriers shall display the
carrier's name deleted text begin and address deleted text end on the power unit of each vehicle:

(1) motor carriers, regardless of the weight of the vehicle, except that this
requirement does not apply to a limousine as defined in section 168.011, subdivision 35,
that is equipped with "LM" license plates;

(2) interstate and intrastate private carriers operating vehicles with a gross vehicle
weight of more than 10,000 pounds; and

(3) vehicles providing transportation described in section 221.025 with a gross
vehicle weight of more than 10,000 pounds except those providing transportation
described in section 221.025, clauses (1), (3), and (4).

Vehicles described in clauses (2) and (3) that are operated by farmers or farm employees
and have four or fewer axles are not required to comply with the vehicle identification
rule of the commissioner.

(b) Vehicles subject to this subdivision must show the name or "doing business as"
name of the carrier operating the vehicle deleted text begin and the community and abbreviation of the state
in which the carrier maintains its principal office or in which the vehicle is customarily
based deleted text end . If the carrier operates a leased vehicle, it may show its name and the name of the
lessor on the vehicle, if the lease relationship is clearly shown. If the name of a person
other than the operating carrier appears on the vehicle, the words "operated by" must
immediately precede the name of the carrier.

(c) The name deleted text begin and address deleted text end must be in letters that contrast sharply in color with the
background, be readily legible during daylight hours from a distance of 50 feet while
the vehicle is stationary, and be maintained in a manner that retains the legibility of the
markings. The name deleted text begin and address deleted text end may be shown by use of a removable device if that
device meets the identification and legibility requirements of this subdivision.

Sec. 7.

Minnesota Statutes 2006, section 221.0314, is amended by adding a subdivision
to read:

new text begin Subd. 12. new text end

new text begin Hazardous materials safety permits. new text end

new text begin A person who transports the
hazardous materials designated in Code of Federal Regulations, title 49, section 385.403,
shall comply with this section and with the provisions of Code of Federal Regulations,
title 49, part 385, subpart E, which is incorporated by reference.
new text end

Sec. 8.

Minnesota Statutes 2006, section 221.033, subdivision 2d, is amended to read:

Subd. 2d.

Age of driver under federal materials-of-trade regulation.

A driver
of a self-propelled or towed motor vehicle transporting no hazardous material other than
materials of trade, as defined in Code of Federal Regulations, title 49, section 171.8, new text begin when
engaged in intrastate transportation, new text end must be at least 18 years of age. This subdivision
does not apply unless the transportation conforms to the requirements of Code of Federal
Regulations, title 49, section 173.6.

Sec. 9.

Minnesota Statutes 2006, section 221.037, subdivision 1, is amended to read:

Subdivision 1.

Required to provide information.

A person who generates, stores,
treats, transports, disposes of, or otherwise handles or has handled hazardous materials,
hazardous substances, or hazardous waste shall (1) give to transportation representatives
and hazardous material specialists of the department information relating to the materials,
substances, or waste, or (2) permit them access to and copying of records new text begin and safety
permits new text end relating to new text begin any or all of new text end the materials, substances, or waste deleted text begin , or both deleted text end .