Minnesota Legislature
HF 1206
as introduced - 93rd Legislature (2023 - 2024) Posted on 05/03/2023 08:18am
Current Version - as introduced
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A bill for an act
relating to public safety; making policy changes related to State Patrol duties,
including school bus inspections, commercial vehicle inspections, and rearview
mirror requirements; establishing a penalty; amending Minnesota Statutes 2022,
sections 169.451, subdivisions 2, 3, 4; 169.70; 169.781, subdivision 3.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2022, section 169.451, subdivision 2, is amended to read:
Subd. 2.
Inspection certificate.
Except as provided in subdivision 2a, no person shall
drive, or no owner shall knowingly permit or cause to be driven, any school bus or Head
Start bus unless there is displayed thereon a certificate issued by the commissioner of public
safety stating that deleted text begin on a certain date, which shall be within 13 months of the date of operationdeleted text end ,new text begin
in the month specified on the certificate,new text end a member of the Minnesota State Patrol inspected
the bus and found that on the date of inspection the bus complied with the applicable
provisions of state law relating to construction, design, equipment, and color.new text begin The certificate
is valid for 12 months after the month specified on the certificate.
new text end
Sec. 2.
Minnesota Statutes 2022, section 169.451, subdivision 3, is amended to read:
Subd. 3.
Inspection criteria.
(a) The commissioner of public safety must inspect school
buses in accordance with the School Bus Inspection Manual as prescribed in section
169.4501, subdivision 3. Upon completion of an inspection, the commissioner must provide
a printed or electronic vehicle examination report to the carrier or school district.
(b) A school bus displaying a defect as defined in the "School Bus Recommended
Out-of-Service Criteria" in the most recent edition of the "National School Transportation
Specification and Procedures" adopted by the National Congress on School Transportation
is deemed unsafe for student transportation. A member of the State Patrol must affix a
rejection sticker to the lower left corner of the windshield. A person may remove the rejection
sticker only upon authorization from a member of the State Patrol who has determined that
all defects have been corrected. Pending reinspection and certification of the vehicle by a
member of the State Patrol, a bus bearing a rejection sticker may be used to transport students
deleted text begin ifdeleted text end new text begin for up to 30 days providednew text end the defects have been corrected and the vehicle examination
report is signed by the owner or a designee certifying that all defects have been corrected.
The signed report must be carried in the first aid kit on the bus.
(c) A school bus that has had an inspection completed in which no out-of-service defects
were identified has passed the inspection and a member of the State Patrol must affix an
inspection certificate to the lower left corner of the windshield. All defects identified must
be repaired within 14 days of the inspection. The person completing the repairs must sign
and date the inspection report indicating the repairs were made. The inspection report must
be retained at the principal place of business of the carrier or school district for 12 months
following the inspection and must be available for review by a representative of the
commissioner of public safety.
(d) A defect discovered during an inspection that was identified by a member of the
State Patrol during a previous inspection but has not been corrected results in a failed
inspection. A member of the State Patrol must affix a rejection sticker to the lower left
corner of the windshield.
Sec. 3.
Minnesota Statutes 2022, section 169.451, subdivision 4, is amended to read:
Subd. 4.
deleted text begin Violation; penaltydeleted text end new text begin Violations; penaltiesnew text end .
new text begin (a) new text end The State Patrol shall enforce
subdivisions 2 deleted text begin and 2adeleted text end new text begin to 3new text end .
new text begin (b)new text end A person who operates a school bus without a valid inspection certificate issued
pursuant to subdivision 2 or an interim inspection certificate issued pursuant to subdivision
2a is guilty of a misdemeanor.
new text begin
(c) A person who operates, or an owner who knowingly permits the operation of, a
school bus displaying a rejection sticker issued in accordance with subdivision 3, paragraph
(b), and has not fulfilled all the requirements specified in subdivision 3, paragraph (b), is
guilty of a gross misdemeanor.
new text end
Sec. 4.
Minnesota Statutes 2022, section 169.70, is amended to read:
169.70 REAR VIEW MIRROR.
Every motor vehicle deleted text begin which is sodeleted text end constructed, loadednew text begin ,new text end or connected with another vehicle
deleted text begin as to obstructdeleted text end new text begin that obstructsnew text end the driver's view to the rear deleted text begin thereofdeleted text end from the driver's position
shall be equipped with a mirror deleted text begin so located as to reflectdeleted text end new text begin or other technology that reflects or
displaysnew text end to the driver a view of the highway for a distance of at least 200 feet to the rear of
deleted text begin suchdeleted text end new text begin thenew text end vehicle.
Sec. 5.
Minnesota Statutes 2022, section 169.781, subdivision 3, is amended to read:
Subd. 3.
Inspector certification; suspension and revocation; hearing.
(a) An inspection
required by this section may be performed only by:
(1) an employee of the Department of Public Safety or Transportation who has been
certified by the commissioner after having received training provided by the State Patrol;
or
(2) another person who has been certified by the commissioner after having received
training provided by the State Patrol or other training approved by the commissioner.
(b) A person who is not an employee of the Department of Public Safety or Transportation
may be certified by the commissioner if the person is:
(1) an owner, or employee of the owner, of one or more commercial motor vehicles that
are power units;
(2) a dealer licensed under section 168.27 and engaged in the business of buying and
selling commercial motor vehicles, or an employee of the dealer;
(3) engaged in the business of repairing and servicing commercial motor vehicles; or
(4) employed by a governmental agency that owns commercial vehicles.
(c) Certification of persons described in paragraph (b), clauses (1) to (4), is effective for
two years from the date of certification. The commissioner may require biennial retraining
of persons holding a certificate under paragraph (b) as a condition of renewal of the
certificate. The commissioner may charge a fee of not more than $10 for each certificate
issued and renewed. A certified person described in paragraph (b), clauses (1) to (4), may
charge a reasonable fee for each inspection of a vehicle not owned by the person or the
person's employer.
(d) Except as otherwise provided in subdivision 5, the standards adopted by the
commissioner for commercial motor vehicle inspections under sections 169.781 to 169.783
must be the standards prescribed in Code of Federal Regulations, title 49, section 396.17,
and in chapter III, subchapter B, appendix deleted text begin Gdeleted text end new text begin Anew text end .
(e) The commissioner may classify types of vehicles for inspection purposes and may
issue separate classes of inspector certificates for each class.
(f) The commissioner, after notice and an opportunity for a hearing, may suspend a
certificate issued under paragraph (b) for failure to meet annual certification requirements
prescribed by the commissioner or failure to inspect commercial motor vehicles in accordance
with inspection procedures established by the State Patrol. The commissioner shall revoke
a certificate issued under paragraph (b) if the commissioner determines after notice and an
opportunity for a hearing that the certified person issued an inspection decal for a commercial
motor vehicle when the person knew or reasonably should have known that the vehicle was
in such a state of repair that it would have been declared out of service if inspected by an
employee of the State Patrol. Suspension and revocation of certificates under this subdivision
are not subject to sections 14.57 to 14.69.