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HF 3490

as introduced - 90th Legislature (2017 - 2018) Posted on 03/08/2018 02:30pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to motor vehicles; modifying qualifications for certification to perform
certain commercial motor vehicle inspections; amending Minnesota Statutes 2016,
section 169.781, subdivision 3.

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

Section 1.

Minnesota Statutes 2016, 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 deleted text begin who is not an employee of the Department of Public Safety or Transportationdeleted text end new text begin
under paragraph (a), clause (2),
new text end 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; deleted text begin or
deleted text end

(4)new text begin engaged in the business of performing inspections under this section; or
new text end

new text begin (5)new text end employed by a governmental agency that owns commercial vehicles.

(c) Certification of persons described in paragraph (b), clauses (1) to deleted text begin (4)deleted text end new text begin (5)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 (4)deleted text end new text begin (5)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
must 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.

(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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end