HF 2881

1st Unofficial Engrossment - 88th Legislature (2013 - 2014) Posted on 05/14/2014 03:56pm

1.1A bill for an act

1.2relating to transportation; railroads; amending regulation of motor carriers of
1.3railroad employees; amending Minnesota Statutes 2012, sections 169.781,
1.4subdivision 2; 221.0255.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6    Section 1. Minnesota Statutes 2012, section 169.781, subdivision 2, is amended to read:
1.7    Subd. 2. Inspection required. (a) It is unlawful for a person to operate or permit
1.8the operation, in violation of the requirements of paragraph (b), of:
1.9    (1) a commercial motor vehicle registered in Minnesota or a spotter truck; or
1.10    (2) special mobile equipment as defined in section 168.002, subdivision 31, and
1.11which is self-propelled, if it is mounted on a commercial motor vehicle chassis, in
1.12violation of the requirements of paragraph (b).; or
1.13(3) a vehicle used to transport passengers by a motor carrier of railroad employees
1.14under section 221.0255.
1.15    (b) A vehicle described in paragraph (a):
1.16    (1) must display a valid safety inspection decal issued by an inspector certified
1.17by the commissioner; or
1.18    (2) must carry (i) proof that the vehicle complies with federal motor vehicle
1.19inspection requirements for vehicles in interstate commerce, and (ii) a certificate of
1.20compliance with federal requirements issued by the commissioner under subdivision 9.

1.21    Sec. 2. Minnesota Statutes 2012, section 221.0255, is amended to read:
1.22221.0255 MOTOR CARRIER OF RAILROAD EMPLOYEES.
2.1    Subdivision 1. Definitions. For purposes of this section, the following terms have
2.2the meanings given:
2.3(1) "conviction" has the meaning given in section 609.02; and
2.4(2) "on-duty time" means all time from the time a driver begins to work, or is
2.5required to be in readiness to work, until the time the driver is relieved from work,
2.6including: (i) driving time; (ii) time at a terminal, facility, or other property of a contract
2.7carrier; (iii) time on any public or private property waiting to be dispatched; (iv) time
2.8spent in working hours by a driver while under employment or agreement with another
2.9employer who is not a motor carrier of railroad employees; and (v) time spent inspecting,
2.10servicing, conditioning, or attending a vehicle.
2.11    Subd. 2. Application. (a) A motor carrier of railroad employees must meet the
2.12requirements specified in this section, is subject to section 221.291, and is otherwise
2.13exempt from the provisions of this chapter.
2.14(b) The requirements of this section for a motor carrier of railroad employees or a
2.15vehicle operator for a motor carrier of railroad employees apply in the same manner to any
2.16entity that enters into an agreement with the carrier to transport railroad employees.
2.17    Subd. 3. Vehicle operator requirements. (a) A vehicle operator for a motor carrier
2.18of railroad employees who transports passengers must:
2.19(1) have a valid driver's license under chapter 171; and
2.20(2) submit to a physical examination. examinations that meet the requirements for
2.21commercial motor vehicle operators under Code of Federal Regulations, title 49, sections
2.22391.41 to 391.45, or successor requirements; and
2.23(3) perform pretrip and posttrip vehicle inspections.
2.24(b) A vehicle operator may not communicate over or otherwise operate a handheld
2.25cellular phone when the vehicle is in motion or a part of traffic.
2.26    Subd. 4. Motor carrier of railroad employees; requirements. (c) (a) The motor
2.27 carrier of railroad employees must implement a policy that provides for annual training
2.28and certification of the operator in:
2.29    (1) safe operation of the vehicle transporting railroad employees;
2.30    (2) knowing and understanding relevant laws, rules of the road, and safety policies;
2.31    (3) handling emergency situations;
2.32(4) proper use of seat belts;
2.33    (5) performance of pretrip and posttrip vehicle inspections, and inspection record
2.34keeping; and
2.35(6) proper maintenance of required records.
2.36(d) (b) The motor carrier of railroad employees must:
3.1(1) perform confirm that the person is not disqualified under subdivision 6, by
3.2performing a criminal background check or background investigation of the operator;,
3.3which must include:
3.4(i) a criminal history check of the state criminal records repository; and
3.5(ii) if the operator has resided in Minnesota less than five years, a criminal history
3.6check from each state of residence for the previous five years;
3.7(2) annually verify the operator's driver's license;
3.8(3) document meeting the requirements in this subdivision, and maintain the file
3.9 which must include maintaining at the carrier's business location;:
3.10(i) a driver qualification file on each operator who transports passengers under
3.11this section; and
3.12(ii) records of pretrip and posttrip vehicle inspections as required under subdivision
3.133, paragraph (a), clause (3);
3.14(4) maintain liability insurance in a minimum amount of $5,000,000 regardless
3.15of the seating capacity of the vehicle; and
3.16(5) maintain uninsured and underinsured coverage in a minimum amount of
3.17$1,000,000.; and
3.18(6) ensure inspection of each vehicle operated under this section as provided under
3.19section 169.781.
3.20(c) A driver qualification file under paragraph (b), clause (3), must include:
3.21(1) a copy of the operator's most recent medical examiner's certificate;
3.22(2) a copy of the operator's current driver's license;
3.23(3) documentation of annual license verification;
3.24(4) documentation of annual training;
3.25(5) documentation of any known violations of motor vehicle or traffic laws; and
3.26(6) responses from previous employers, if required by the current employer.
3.27(d) The driver qualification file must be retained for one year following the date of
3.28separation of employment of the driver from the carrier. A record of inspection under
3.29paragraph (b), clause (3), item (ii), must be retained for one year following the date of
3.30inspection.
3.31    (e) If a party contracts with the motor carrier on behalf of the railroad to transport
3.32the railroad employees, then the insurance requirements may be satisfied by either that
3.33party or the motor carrier, so long as the motor carrier is a named insured or additional
3.34insured under any policy.
3.35    Subd. 5. Vehicle; equipment. (a) No vehicle operator may transport passengers in a
3.36motor vehicle that does not meet the requirements of this subdivision.
4.1(b) A motor vehicle used to transport passengers under this section must be designed
4.2to transport ten or fewer persons, including the driver.
4.3(c) A motor carrier of railroad employees shall maintain the following on a motor
4.4vehicle used to transport passengers:
4.5(1) tires that meet the same requirements as for a motor vehicle under Code of
4.6Federal Regulations, title 49, section 393.75, or successor requirements;
4.7(2) a full-size spare tire that is fully inflated;
4.8(3) properly functioning seat belts for the driver and every passenger being
4.9transported;
4.10(4) a properly functioning heater, defroster, and air conditioner;
4.11(5) a windshield, side windows, and a rear window that are clear of any obstructions,
4.12including but not limited to electronic devices and otherwise conform with the
4.13requirements of section 169.71;
4.14(6) a working cellular telephone or two-way radio capable of contacting personnel of
4.15the railroad that employs the passengers being transported;
4.16(7) a global positioning system device capable of identifying the vehicle's current
4.17location;
4.18(8) an emergency road kit, which must at a minimum contain a blanket, flares or
4.19reflective triangles, jumper cables, and a secured fire extinguisher;
4.20(9) a safety glass hammer or belt cutter;
4.21(10) a location for personal baggage storage, so that all baggage can be secured in a
4.22manner that prevents entry into or flight within the vehicle cabin; and
4.23(11) vehicle identification marking that:
4.24(i) identifies the legal or a single trade name of the motor carrier and bears an
4.25inscription as determined by the commissioner identifying the vehicle as used by a motor
4.26carrier of railroad employees;
4.27(ii) is located on both sides of the vehicle;
4.28(iii) is in letters that contrast sharply in color with the background on which the
4.29letters are placed; and
4.30(iv) is readily legible during daylight hours from a distance of 50 feet when the
4.31vehicle is stationary.
4.32    Subd. 6. Driver disqualification; reporting. (e) (a) A person who sustains a
4.33conviction of violating section 169A.25, 169A.26, 169A.27, or 169A.31, or whose driver's
4.34license is revoked under sections 169A.50 to 169A.53 of the implied consent law, or who
4.35is convicted of or has their driver's license revoked under a similar statute or ordinance
5.1of another state, may not operate a vehicle under this subdivision for five years from the
5.2date of conviction.
5.3    (b) A person who sustains a conviction of a moving offense violation in violation of
5.4chapter 169 within three years of the first of three other moving offenses violations may not
5.5operate a vehicle under this subdivision for one year from the date of the last conviction.
5.6    (c) A person who has ever been convicted of a disqualifying offense as defined in
5.7section 171.3215, subdivision 1, paragraph (c), may not operate a vehicle under this
5.8subdivision.
5.9(f) (d) An operator who sustains a conviction as described in paragraph (e) (a)
5.10 while employed by the carrier shall report the conviction to the carrier within ten days of
5.11the date of the conviction.
5.12    Subd. 7. Testing. (g) A carrier must implement a mandatory alcohol and controlled
5.13substance testing program as provided under sections 181.950 to 181.957 that consists of
5.14preemployment testing, postaccident testing, random testing, reasonable suspicion testing,
5.15return-to-duty testing, and follow-up testing.
5.16    Subd. 8. Hours of service. (h) (a) A motor carrier of railroad employees shall not
5.17allow or require a driver to drive or remain on duty for more than: ten hours after eight
5.18consecutive hours off duty; 15 hours of combined on-duty time and drive time since last
5.19obtaining eight consecutive hours of off-duty time; or 70 hours of on-duty and drive time
5.20in any period of eight consecutive days. After 24 hours off duty, a driver begins a new
5.21seven consecutive day period and on-duty time is reset to zero.
5.22(i) (b) An operator who encounters an emergency and cannot, because of that
5.23emergency, safely complete a transportation assignment within the ten-hour maximum
5.24driving time permitted under paragraph (h) (a), may drive for not more than two additional
5.25hours in order to complete that transportation assignment or to reach a place offering
5.26safety for the occupants of the vehicle and security for the transport motor vehicle, if the
5.27transportation assignment reasonably could have been completed within the ten-hour
5.28period absent the emergency.
5.29(j) (c) A carrier shall maintain and retain for a period of six months accurate time
5.30records that show the time the driver reports for duty each day;, the total number of hours
5.31of on-duty time for each driver for each day;, the time the driver is released from duty
5.32each day;, and the total number of hours driven each day.
5.33(k) For purposes of this subdivision, the following terms have the meanings given:
5.34(1) "conviction" has the meaning given in section 609.02; and
6.1(2) "on-duty time" means all time at a terminal, facility, or other property of a
6.2contract carrier or on any public property waiting to be dispatched. On-duty time includes
6.3time spent inspecting, servicing, or conditioning the vehicle.
6.4    Subd. 9. Inspection authority. Representatives of the Department of Transportation
6.5and the State Patrol have the authority to enter, at a reasonable time and place, any vehicle
6.6or facility of the carrier for purposes of random inspections, safety reviews, audits, or
6.7accident investigations.
6.8EFFECTIVE DATE.This section is effective August 1, 2014.