HF 1550

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

A bill for an act
relating to traffic regulations; modifying provisions relating to commercial
vehicle inspections; making clarifying changes; amending Minnesota Statutes
2006, sections 169.781; 169.782, subdivision 1; 169.783, subdivision 1.

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

Section 1.

Minnesota Statutes 2006, section 169.781, is amended to read:

169.781 ANNUAL COMMERCIAL VEHICLE INSPECTION; INSPECTORS,
FEE, PENALTY.

Subdivision 1.

Definitions.

For purposes of sections 169.781 to 169.783:

(a) "Commercial motor vehicle" new text begin :
new text end

new text begin (1) new text end means new text begin a motor vehicle or combination of motor vehicles used to transport
passengers or property if the motor vehicle new text end :

deleted text begin (1) a commercial motor vehicle as defined in section 169.01, subdivision 75,
paragraph (a); and deleted text end new text begin (i) has a gross vehicle weight of more than 26,000 pounds; new text end

deleted text begin (2) each deleted text end new text begin (ii) is a new text end vehicle in a combination of more than 26,000 pounds deleted text begin . deleted text end new text begin ;
new text end

new text begin (iii) is a bus; or
new text end

new text begin (iv) is of any size and is used in the transportation of hazardous materials that are
required to be placarded under Code of Federal Regulations, title 49, parts 100-185; and
new text end

deleted text begin "Commercial motor vehicle"
deleted text end

new text begin (2) new text end does not include deleted text begin (1) deleted text end new text begin (i) new text end a school bus or Head Start bus displaying a certificate
under section 169.451, deleted text begin (2) deleted text end new text begin or (ii) new text end a bus operated by the Metropolitan Council or by a local
transit commission created in chapter 458A deleted text begin , or (3) a motor vehicle that is required to be
placarded under Code of Federal Regulations, title 49, parts 100-185 deleted text end .

(b) "Commissioner" means the commissioner of public safety.

(c) "Owner" means a person who owns, or has control, under a lease of more than 30
days' duration, of one or more commercial motor vehicles.

deleted text begin (d) "Storage semitrailer" means a semitrailer that (1) is used exclusively to store
property at a location not on a street or highway, (2) does not contain any load when
moved on a street or highway, (3) is operated only during daylight hours, and (4) is marked
on each side of the semitrailer "storage only" in letters at least six inches high.
deleted text end

deleted text begin (e) "Building mover vehicle" means a vehicle owned or leased by a building mover
as defined in section deleted text begin 221.81, subdivision 1 deleted text end , paragraph (a), and used exclusively for
moving buildings.
deleted text end

Subd. 2.

Inspection required.

new text begin (a) new text end It is unlawful for a person to operate or permit
the operation of:

(1) a commercial motor vehicle registered in Minnesota; or

(2) special mobile equipment as defined in section 168.011, subdivision 22, and
which is self-propelled, if it is mounted on a commercial motor vehicle chassis,

deleted text begin unless the deleted text end new text begin in violation of the requirements of paragraph (b).
new text end

new text begin (b) A new text end vehicle deleted text begin displays deleted text end new text begin described in paragraph (a):
new text end

new text begin (1) must display new text end a valid safety inspection decal issued by an inspector certified by
the commissioner deleted text begin , or the vehicle carries (1) deleted text end new text begin ; or
new text end

new text begin (2) must carry (i) new text end proof that the vehicle complies with federal motor vehicle
inspection requirements for vehicles in interstate commerce, and deleted text begin (2) deleted text end new text begin (ii) new text end a certificate of
compliance with federal requirements issued by the commissioner under subdivision 9.

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; deleted text begin or deleted text end

(3) engaged in the business of repairing and servicing commercial motor vehicles deleted text begin . deleted text end new text begin ; or
new text end

new text begin (4) employed by a governmental agency that owns commercial vehicles.
new text end

(c) Certification of persons described in paragraph (b), clauses (1) to deleted text begin (3) deleted text end new text begin (4) new text end , 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 deleted text begin (3) deleted text end new text begin (4) new text end , 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 deleted text begin shall deleted text end new text begin must new text end be the standards prescribed in Code of Federal Regulations, title 49,
section 396.17, and in chapter III, subchapter B, appendix G.

(e) The commissioner may classify types of vehicles for inspection purposes and
may issue separate classes of inspector certificates for each class. deleted text begin The commissioner shall
issue separate categories of inspector certificates based on the following classifications:
deleted text end

deleted text begin (1) a class of certificate that authorizes the certificate holder to inspect commercial
motor vehicles without regard to ownership or lease; and
deleted text end

deleted text begin (2) a class of certificate that authorizes the certificate holder to inspect only
commercial motor vehicles the certificate holder owns or leases.
deleted text end

deleted text begin The commissioner shall issue a certificate described in clause (1) only to a person
described in paragraph (b), clause (2) or (3).
deleted text end

(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.

Subd. 4.

Inspection report.

(a) A person performing an inspection under this
section shall issue an inspection report to the owner of the commercial motor vehicle
inspected. The report must include:

(1) the full name of the person performing the inspection, and the person's inspector
certification number;

(2) the name of the owner of the vehicle and, if applicable, the United States
Department of Transportation carrier number issued to the owner of the vehicle, or to the
operator of the vehicle if other than the owner;

(3) the vehicle identification number and, if applicable, the license plate number
of the vehicle;

(4) the date and location of the inspection;

(5) the vehicle components inspected and a description of the findings of the
inspection, including identification of the components not in compliance with federal
motor carrier safety regulations; and

(6) the inspector's certification that the inspection was complete, accurate, and in
compliance with the requirements of this section.

(b) The owner must retain a copy of the inspection report for at least 14 months at a
location in the state where the vehicle is domiciled or maintained. The inspector must
maintain a copy of the inspection report for a period of 14 months following the inspection
in a location in the state where the inspector conducts business. During this period the
report must be available for inspection by an authorized federal, state, or local official.

(c) The commissioner shall prescribe the form of the inspection report and revise it
as necessary to comply with state and federal law and regulations. The adoption of the
report form is not subject to the Administrative Procedure Act.

Subd. 5.

Inspection decal.

deleted text begin (a) deleted text end A person inspecting a commercial motor vehicle
shall issue an inspection decal for the vehicle if each inspected component of the vehicle
complies with federal motor carrier safety regulations. The decal must state that in the
month specified on the decal the vehicle was inspected and each inspected component
complied with federal motor carrier safety regulations. The decal is valid for 12
months after the month specified on the decal. The commissioners of public safety and
transportation shall make decals available, at a fee of not more than $2 for each decal,
to persons certified to perform inspections under subdivision 3, paragraph (b). new text begin Decals
are issued to inspectors by serial number and are not transferable unless approved by
the commissioner.
new text end

deleted text begin (b) Minnesota inspection decals may be affixed only to:
deleted text end

deleted text begin (1) commercial motor vehicles bearing Minnesota-based license plates; or
deleted text end

deleted text begin (2) special mobile equipment, within the meaning of subdivision 2, clause (2).
deleted text end

deleted text begin (c) Notwithstanding paragraph (a), a person inspecting (1) a vehicle of less
than 57,000 pounds gross vehicle weight and registered as a farm truck, (2) a storage
semitrailer, or (3) a building mover vehicle must issue an inspection decal to the vehicle
unless the vehicle has one or more defects that would result in the vehicle being declared
out of service under the North American Uniform Driver, Vehicle, and Hazardous
Materials Out-of-Service Criteria issued by the Federal Highway Administration and the
Commercial Vehicle Safety Alliance. A decal issued to a vehicle described in clause (1),
(2), or (3) is valid for two years from the date of issuance. A decal issued to such a vehicle
must clearly indicate that it is valid for two years from the date of issuance.
deleted text end

deleted text begin (d) Notwithstanding paragraph (a), a commercial motor vehicle that (1) is registered
as a farm truck, (2) is not operated more than 75 miles from the owner's home post office,
and (3) was manufactured before 1979 that has a dual transmission system, is not required
to comply with a requirement in an inspection standard that requires that the service brake
system and parking brake system be separate systems in the motor vehicle.
deleted text end

Subd. 6.

Record review; random inspection; audit.

Employees of the State Patrol
and motor transportation representatives of the Department of Transportation may review
records required to be kept under subdivision 4, paragraph (b), and conduct random
vehicle inspections and audits at the facility of an owner of a commercial motor vehicle.

Subd. 7.

Disposition of revenues.

The commissioner shall pay all revenues received
under this section to the commissioner of finance for deposit in the trunk highway fund.

Subd. 8.

Violation; misdemeanor.

A violation of this section is a misdemeanor.

Subd. 9.

Proof of federal inspection.

An owner of a commercial motor vehicle
that is subject to and in compliance with federal motor vehicle inspection requirements
for vehicles in interstate commerce may apply to the commissioner for a certificate
of compliance with federal requirements. On payment of a fee equal to the fee for an
inspection decal under subdivision 5, deleted text begin paragraph (a), deleted text end the commissioner shall issue the
certificate to the applicant. new text begin This subdivision only applies to Minnesota-licensed vehicles
that are not housed or maintained in Minnesota.
new text end

Subd. 10.

Exemption.

This section does not apply to a vehicle operated by a motor
carrier of passengers, as defined in section 221.011, subdivision 48, if the vehicle has
been inspected under section 221.0252, subdivision 3, paragraph (a), clause (2), within
the previous 12 months.

Sec. 2.

Minnesota Statutes 2006, section 169.782, subdivision 1, is amended to read:

Subdivision 1.

Driver; daily inspection report.

(a) The driver of a commercial
motor vehicle shall report in writing at the completion of each day's work on each
commercial motor vehicle the driver has operated. A person who owns one or more
commercial motor vehicles and who employs drivers for those commercial motor vehicles
must require each driver to new text begin submit a written new text end report as required deleted text begin in deleted text end new text begin by new text end this section. The
report must cover the following parts and accessories: service brakes, including trailer and
semitrailer brake connections; parking (hand) brake; steering mechanism; lighting devices
and reflectors; tires; horn; windshield wiper or wipers; rear vision mirror or mirrors;
coupling devices; wheels and rims; and emergency equipment.

(b) The report must identify the vehicle and list any defect or deficiency discovered
by or reported to the driver that would affect the safe operation of the vehicle or result in
its mechanical breakdown. If no defect or deficiency is discovered by or reported to the
driver, the report must so indicate. The driver must sign the report after completing it. In
the case of a commercial motor vehicle operated by two drivers, the signature of one of
the drivers satisfies the requirements of this subdivision if both drivers agree concerning
the defects or deficiencies. If a driver operates more than one commercial motor vehicle
during a day's work, a report must be prepared for each vehicle operated.

(c) Before operating or allowing the operation of a commercial motor vehicle on
which a report has been prepared under this subdivision, the owner of the vehicle or
the owner's agent must repair defects or deficiencies listed on the report that would deleted text begin be
sufficient under inspection procedures established by the State Patrol to require the vehicle
to be declared out of service deleted text end new text begin likely affect the safe operation of the vehicle new text end . Before allowing
the commercial motor vehicle to be operated again, the owner or the owner's agent must
certify, on the report listing the defect or deficiency, that the defect or deficiency has
been corrected or that correction is unnecessary. A motor carrier must keep the original
vehicle inspection report for at least three months after the date of inspection. The report
must be available for inspection by an authorized federal, state, or local official at any
time during this period.

(d) A copy of the vehicle inspection report, including a certification of corrections
resulting from the report, must be carried in the commercial motor vehicle, or in the power
unit of a commercial motor vehicle combination, at all times when the vehicle or power
unit is operated until the next inspection report is completed under this subdivision. The
copy must be made available on demand to deleted text begin : deleted text end (1) a peace officer deleted text begin ; deleted text end new text begin , new text end (2) a person authorized
under section 221.221 deleted text begin ; deleted text end new text begin , new text end and (3) a person described in section 299D.06.

Sec. 3.

Minnesota Statutes 2006, section 169.783, subdivision 1, is amended to read:

Subdivision 1.

Postcrash inspection.

new text begin (a) new text end A peace officer responding to an accident
involving a commercial motor vehicle must immediately notify the State Patrol if the
accident results in deleted text begin death, personal injury, or property damage to an apparent extent of
more than $4,400. deleted text end new text begin :
new text end

new text begin (1) a fatality;
new text end

new text begin (2) bodily injury to a person who, as a result of the injury, immediately receives
medical treatment away from the scene of the accident; or
new text end

new text begin (3) one or more motor vehicles incurring disabling damage as a result of the
accident, requiring the motor vehicles to be transported away from the scene by tow
truck or other motor vehicle.
new text end

new text begin (b) new text end It is a misdemeanor for a person to drive or cause to be driven a commercial
motor vehicle after such an accident unless the vehicle:

(1) has been inspected by a state trooper or other person authorized to conduct
inspections under section 169.781, subdivision 3, paragraph (a), who is an employee of
the Department of Public Safety or Transportation, and the person inspecting the vehicle
has determined that the vehicle may safely be operated; or

(2) a waiver has been granted under subdivision 2.