Minnesota Legislature
HF 2048
as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
Current Version - as introduced
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A bill for an act
relating to public safety; permitting school buses and Head Start buses to be
inspected by certified inspectors; amending Minnesota Statutes 2006, section
169.451.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2006, section 169.451, is amended to read:
169.451 INSPECTING SCHOOL AND HEAD START BUSES; RULES;
MISDEMEANOR.
Subdivision 1.
Annual requirement.
deleted text begin The Minnesota State Patrol shall inspectdeleted text end
Every school bus and every Head Start bus new text begin must be inspected new text end annually to ascertain
whether its construction, design, equipment, and color comply with all provisions of law.
new text begin Subd. 1a. new text end
new text begin Inspector certification; suspension and revocation; hearing. new text end
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(a) An
inspection required by this section may be performed only by:
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(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
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(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.
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(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:
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(1) an owner, or employee of the owner, of one or more school buses, Head Start
buses, or both;
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(2) the employee of a school district or nonpublic school that owns school buses;
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(3) a dealer licensed under section 168.27 and engaged in the business of buying and
selling school buses, Head Start buses, or both, or an employee of the dealer; or
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(4) engaged in the business of repairing and servicing school buses as defined in
section 169.01, subdivision 6, Head Start buses, or both.
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(c) Certification of persons described in paragraph (b) 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. A
certified person described in paragraph (b) may charge a reasonable fee for each inspection
of a vehicle not owned by the person or the person's employer.
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(d) The commissioner may classify types of vehicles for inspection purposes and
may issue separate classes of inspector certificates for each class. The commissioner shall
issue separate categories of inspector certificates based on the following classifications:
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(1) a class of certificate that authorizes the certificate holder to inspect school buses,
Head Start buses, or both, without regard to ownership or lease; and
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(2) a class of certificate that authorizes the certificate holder to inspect only school
buses, Head Start buses, or both, that the certificate holder owns or leases.
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The commissioner shall issue a certificate described in clause (1) only to a person
described in paragraph (b), clause (3) or (4).
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(e) 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 school buses, Head Start buses,
or both, 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 school bus or Head Start bus 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.
new text end
new text begin Subd. 1b. new text end
new text begin Inspection report. new text end
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(a) A person performing an inspection under this
section shall issue an inspection report to the owner of the school bus or Head Start bus
inspected. The report must include:
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(1) the full name of the person performing the inspection and the person's inspector
certification number;
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(2) the name of the owner of the vehicle;
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(3) the vehicle identification number and, if applicable, the license plate number
of the vehicle;
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(4) the date and location of the inspection;
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(5) the vehicle components inspected and a description of the findings of the
inspection; and
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(6) the inspector's certification that the inspection was complete, accurate, and in
compliance with the requirements of this section.
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(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.
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(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.
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Subd. 2.
Inspection deleted text begin certificatedeleted text end new text begin decalnew text end .
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 deleted text begin certificatedeleted text end new text begin decal new text end issued by the commissioner of public safety stating
that on a certain date, which shall be within 13 months of the date of operation, deleted text begin a member
of the Minnesota State Patrol inspecteddeleted text end the bus new text begin was inspected under subdivision 1a new text end and
deleted text begin founddeleted text end 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 commissioners of
public safety and transportation shall make decals available to persons certified to perform
inspections under subdivision 3. Decals are issued to inspectors by serial number and are
not transferable unless approved by the commissioner. Minnesota inspection decals may
be affixed only to school buses or Head Start buses registered in Minnesota.
new text end
Subd. 3.
Rules of commissioner.
deleted text begin (a)deleted text end The commissioner of public safety shall
provide by rule for the issuance and display of distinctive inspection deleted text begin certificatesdeleted text end new text begin decalsnew text end .
deleted text begin
(b) The commissioner of public safety shall provide by rule a point system for
evaluating the effect on safety operation of any variance from law detected during
inspections conducted pursuant to subdivision 1.
deleted text end
Subd. 4.
Violation; penalty.
The State Patrol shall enforce subdivision 2. A
violation of subdivision 2 is a misdemeanor.
Subd. 5.
Random spot inspection.
deleted text begin In addition to the annual inspection,deleted text end The
Minnesota State Patrol has authority to conduct random, unannounced spot inspections of
any school bus or Head Start bus being operated within the state to ascertain whether it
is in compliance with provisions of law, including the Minnesota school bus equipment
standards in sections 169.4501 to 169.4504, subject to the procedures approved by the
commissioner.
new text begin EFFECTIVE DATE; APPLICATION. new text end
new text begin
This section is effective August 1, 2007.
School bus operators with 25 or more school buses must have their school buses initially
inspected by a certified inspector no later than one year from this date. School bus
operators with fewer than 25 school buses must have their buses initially inspected by a
certified inspector no later than two years from this date.
new text end